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What if the other parent doesn't stick to the order?

Since December 8th 2008 contact orders now include a ‘warning notice’.

If the other person disobeys an order with a warning notice (for example, by unreasonably preventing contact) you can apply to the court for an ‘enforcement order’. The enforcement order allows the court to impose penalties. They could make the person who has prevented contact do community service or pay compensation if they have caused you to lose money. You can find more information about this in leaflet CB5 ‘Applications related to enforcement of a contact order’ from HM Courts and Tribunals Service Website: www.hmcourts-service.gov.uk.

Cost of contact activities
Parenting Course - approximately £200
Mediation assessment - approximately £80 each
Domestic Violence Perpetrator Programme - about £2,500
If you have legal aid these are free. They are also free if you have a total income of less than £40,000 a year -you must apply to Cafcass for a certificate to show this.
A mediation assessment is also free if your partner gets legal aid, even if you don’t.

Courts can also order either or both of you to go to a parenting course, a mediation assessment meeting, or a domestic violence perpetrator programme. The court calls these ‘contact activities’. You may have to pay for them (see box).

If you have an old contact order made before December 8th 2008 and the order is disobeyed, you can go back to the court and ask for a ‘warning notice’ to be added.

If all else fails, some parents find that the only thing that they can do is wait until the child is old enough to vote with its feet. Quite a lot of children seek out their other parent once they are able to do so.

June 2011

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