Court enforcement of child contact orders: evidence review

5. Court enforcement of child contact orders: problem-solving responses

5.1 None of the jurisdictions reviewed in this paper had a specific legal response to enforcement of child contact orders. Rather, jurisdictions rely on existing legislation that allows enforcement of all court orders, related not only to child contact but also other judicial provisions.

5.2 The majority of court responses to enforcing contact orders in the international jurisdictions surveyed can be categorised as problem-solving interventions (sometimes referred to as remedial responses). Courts have increasingly recognised the nuanced nature of child contact conflicts and developed measures to address this appropriately. The Court of Session recently commented on sentences for contempt of court in contact cases:

"It is not uncommon for disputes between former partners involving contact with children to be both acrimonious and emotional. A failure on the part of one parent to comply with court orders for contact, even where deliberate, may be an instinctive shying away from the immediate prospect of contact rather than some calculated or pre-planned refusal to comply with the order of the court. Ultimately, the court must enforce its orders, but in many cases the contempt proceedings themselves will provide a salutary reminder to the defaulting party of the need to comply."^[22]

5.3 The available international literature suggests there are four subcategories of problem-solving responses, as follows:

• Parenting support for one or both parents to address the reasons/conflict preventing them from adhering to the court order;
• Settlement, whereby the court amended the existing order to revise contact arrangements;
• Safeguarding/protective measures, in cases where risk was identified, risk assessment and risk management were utilised to decide on enforcement measures;
• Child-led approaches, whereby the wishes of older children are considered and addressed by the court.^[23]

The interventions tend to be used in response to specific issues:

• Parenting support and settlement are used most in response to cases involving parental conflict;
• Protective measures tend to be used most in cases where there was alleged risk to the child;
• Child-led approaches were used most in responses to cases where there was child refusal.^[24]