Child Law

Contact Orders - Enforcement

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Contact Orders - Enforcement

It is thought that in over 90% of cases parents manage to agree the living arrangements for their children when separating.  Of the remaining 10% of cases, which require an application to court parties most often either reach an agreement or at least live with and abide by any court orders for contact which were made.  There are a tiny percentage of “intractable” contact disputes.

The Children and Adoption Act 2006 is designed to help in circumstances such as these and to give the Courts more muscle in ensuring that contact ordered actually happens.  The Court may make:-

Contact Activity Directions – Such an Order requires a party to take part in an activity designed to promote contact – for example, classes designed to inform parents of the impact that hostility to other parent and allowing a breakdown of contact may have upon children and counselling etc.  A party may not be forced to undergo a medical examination (e.g. by a psychiatrist).

Contact Activity Conditions – Such an Order may be attached to an Order for contact requiring a party to comply with conditions – for example, classes designed to inform parents of the impact that hostility to other parent and allowing a breakdown of contact may have upon children and counselling.

The Court may make such Orders:

  • In respect of a parent of a child
  • Where the proposed activity is “appropriate”
  • Where to make the Order promotes the welfare of the child

The availability of contact activity providers is currently limited.  State assistance with cost may be available – but the party concerned may be required to pay.  The types of activity contemplated may include classes/group sessions dealing with anger management and/or parenting skills.

Compliance with the terms of those orders will be monitored by the Court Welfare Service.

Enforcement of Contract Orders

The Court also has the power to impose sanctions for non-compliance with Contact Orders by making an Enforcement Order which may be made where –

  1. The welfare of the child justifies this
  2. There is no reasonable doubt that a parent has failed to comply with a contact order – without reasonable exercise
  3. That the making of an Order is necessary to serve compliance with the contact order.

Enforcement Orders may require a non-compliant parent to:-(a)  undertake unpaid work – a form of community service(b)  provide financial compensation (not exceeding amounts actually lost) to the other parent.

 The Court does have a range of other tools to promote compliance with Contact Orders including

  • Nominating a Children’s Guardian to represent the Child (See separate briefing note)
  • Committing the non-compliant parent to prison (extremely rare)
  • Transferring residence to the other parent – becoming more common but still rare.

 Lawson Lewis Blakers have considerable experience in dealing with complex Children Law cases.

Employment Law- Fixed Fees

INITIAL FREE HALF HOUR APPOINTMENT

This includes:- Attending you for a preliminary appointment to see whether you have a case or can defend a case. Please note that this is for 30 minutes only and does not include advice in writing.


We are able to offer fixed fees to both claimants and respondents in relation to Employment Tribunal claims. Please contact us for specialist advice and further details.

Preliminary Advice

This includes:

Taking instructions (up to 1.5 hours)

Detailed advice letter

 

Fee £250

VAT @20%

TOTAL £300

Employment Tribunal Proceedings

Advising employee on an Acas Early Conciliation Notification (now an essential first step before lodging an employment claim)

 

Fee £200

VAT @20%

TOTAL £240

  

Preparation of a Claim Form ET1 on behalf of an employee

 

Fee £400

VAT @20%

TOTAL £480

  

Preparation of a Claimant's Schedule of Loss

 

Fee £200

VAT @20%

TOTAL £240

 

 Preparation of a Claimant's List of Documents

 

Fee £400

VAT @20%

TOTAL £480

 

Advising an employee in relation to a flexible working request

 

Fee £400

VAT @20%

TOTAL £480

 

 Preparation of contracts of employment and statutory terms and conditions

 

Fee £250 - £400

VAT @20%

TOTAL £300 - £480

  

Preparation of standard disciplinary and grievance procedures

 

Fee £400

VAT @20%

TOTAL £480

 

Drafting and preparation of Respondent’s Response ET3

 

Fee £400

VAT @20%

TOTAL £480

Preparation of Witness Statements

Fee £200 - £400

VAT @20%

TOTAL £240 - £480

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