Chapter 4 Enforcement orders (clause 3)
189. We recommend that it be made plain on the
face of the Bill that the court may not impose any of the enforcement
measures available to it without first considering the scope for
requiring a contact activity which might address the failure of
contact arrangements in a more constructive way. (para 84)
190. The Committee does not consider that it
would be appropriate for a family court to impose a curfew upon
a parent purely as a punishment. It is our view that such a requirement
should only be imposed in an attempt, directly, to promote compliance
with the court's original order, for example as a means of ensuring
that a parent was in an agreed location at an agreed time to allow
contact to take place. (para 85)
191. The full Bill should give a court the power
to make a "time and place requirement", specifying what
action a parent who is in breach of a contact order must take
in order to facilitate the contact envisaged in the original order;
and including a warning that breach would lead swiftly to the
making of an enforcement order. (para 86)
192. The courts should not have the power to
impose an electronic compliance monitoring requirement in proceedings
relating to contact arrangements. (para 89)
193. The draft Bill fails to make a connection
between the new enforcement orders and existing procedure and
sanctions for contempt. If it is intended that the courts should
have available to them a spectrum of enforcement provisions, ranging
in severity, this should be made clear in the full Bill. This
could be achieved by amending the draft Bill; or by amending section
14 of the Contempt of Court Act 1981 to expand the range of sanctions
to include unpaid work. (para 94)
194. We recommend that when the full Bill is
introduced the Government clarify whether the unpaid work that
parents will be required to undertake is to be organised separately
from "community service" performed by offendersand
if that is do, who is to have responsibility for identifying an
organising such work. (para 97)
195. It is essential that the Government (a)
clarify who will be responsible for monitoring, implementing and
ensuring compliance with an enforcement order; and (b) quantify
the resource implications. (para 99)
196. Before making an enforcement order, the
court should explicitly be required to consider the safety implications
for each parent and for the child of making such an order; and
should not make an order unless it is satisfied that it is safe
to do so. (para 101)
197. The Government should consider removing
new section 11G(9) from the Bill altogether. It would be consistent
with this conclusion for proposed new section 11I(9) also to be
deleted from the Bill. (para 107)
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