Chapter 2: Contact Activities (clause
1)
177. We invite the Government to give consideration
to permitting either parent to apply to the court where contact
has broken down or is not proceeding satisfactorily. This would
enable resident parents to apply to the court in circumstances
where, in their view, the non-resident parent was failing to discharge
his or her responsibilities to the children. It would then be
open to the court to impose a contact activity upon that parent.
(para 38)
178. The court should have the power to make
a contact activity direction whether or not the application for
contact is opposed. (para 40)
179. We invite the Government to consider including
'perpetrator programmes' (aimed at people who have been violent
towards their partners) in the list of contact activity directions.
(para 44)
180. We recommend that the Government give further
thought to the relationship between contact activities and those
programmes or initiatives which are currently the responsibility
of the probation service, and in particular that they clarify
the steps that will need to be taken before the family courts
can be in a position to refer parents to these statutory and voluntary-run
activities. (para 44)
181. Prior to ordering a contact activity, the
Bill should require the court to consider the safety implications
of making such a decision, both for the individual parents and
for the child; and that the court should not require such an activity
unless it is satisfied that it is safe to do so. (para 45)
182. We recommend that non-statutory guidance
is made available to parents involved in contact proceedings and
potential providers of contact activities, explaining in more
detail what kinds of session, programme or class the courts may
order under the contact activity provisions. (para 46)
183. We recommend that the Government review
the availability across England and Wales of the sessions and
programmes that might become contact activities. In the light
of this review the Government should ensure that there is sufficient
funding available for adequate provision across England and Wales.
(para 49)
184. The review of contact activity provision
should also consider the setting of minimum requirements which
must be met before an organisation can be considered a contact
activity provider, or provide for the inspection and approval
of an organisation by an appropriately qualified person. (para
52)
185. We recommend that the Government include
within the full Bill a provision giving the Court discretion to
refer parties to a mediation service in order to explore whether
this could be a viable option in their case. Exploring the prospects
for mediation is not, and should not be confused with, compulsory
mediation. One way to achieve this would be to bring into force
section 13(1) of the Family Law Act 1996 (amended so that it applies
not only to divorce cases but to all private law child disputes).
(para 59)
186. The Government may, in the light of evaluation
of the Family Resolution Pilot Project, wish to consider taking
an order-making power in the full Bill to place family resolution
schemes on a statutory footing, should they prove to be effective.
(para 66)
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