On 8th December 2008 the courts were given greater powers to enforce contact arrangements. Previously if the court had made a contact order but one parent still refused to let the other see the children, the only power the court really had was to threaten the offending party with a fine and/or imprisonment for contempt of court.

Now there are more options open to parents who are not seeing their children in accordance with a court order. In some circumstances the court will monitor the contact between one parent and their children. The parent who is being denied contact can also apply for an ‘Enforcement Order’. If granted, this will force the person failing to comply with the order to undertake between 40 and 200 hours of unpaid work, unless they have a reasonable excuse for failing to comply.

If that parent has lost money as a result of the actions of the other, for example if a holiday has to be cancelled at the last minute, then it may be possible for this money to be recovered. The individual who caused that loss may have to pay the money back to the other parent.

This is the basic position and there are obviously complications and conditions involved in applying for these orders. Whether you have a court order or not Enoch Evans can fully advise you as to your legal rights in relation to your children. For further information and an informal chat about your case, please contact Emma Birch or any other member of the family team

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