Hello. Welcome, everybody. My name's after my mood. I'm very pleased to welcome you to today's bites. I session through data law today that I'm going to be speaking to you about private Children law matters, particularly those which relate to parental alienation, aunt hostility cases and really looking at what the options are when one is trying to address the issue off contact. So this is where just to put into context what we're looking at. Situations were by, say, you're acting for father he six contact with his Children. Let's say he's got the benefit to a child arrangements order specified, spending time with or otherwise having contact with, but sadly, less they. Despite his best efforts, contact simply is not taking place. Andi, he's argument is that it's the mother of the Children with whom to Children live with who is blocking the contact without any justifiable reason. So that's where we're really looking at the various different options available to the court. And so Fars dealing with these types of matters on with a view to look not at the best possible way off resolving such disputes. No one option, which isn't necessarily the preferred option as from the outset. But if he's an option is committed, of course. And this case of Ri M. It's quite an old case in 2005 in my opinion, really demonstrates how sometimes commit can go wrong significantly on before it wasn't wouldn't necessarily be the first step that one would take on in this particular case. There were proceedings involving mother or father on. Uh, the father, in fact, on this occasion breached the order by returning his charts only some 10 minutes later after contact. And in fact, a mother on this occasion applied for his committed a prison, which, at trial judge provided by waiver, suspended committal order. But that was appealed on on appeal. The order was set aside and in fact, 1/4 appeal felt that it was a disproportionate order was made in the circumstances. Like again, you can see how sometimes committed is simply not the way forward. Now, when we have cases off this kind whereby there is implacable hostility, where there is that sometimes prevent ordination, then really don't complicates the ones way we should be giving consideration to the early appointment off the child being joined as a party and hence the appointment of a Children's guardian in most cases percent to 16.42 family procedures of 2010. And, as you'll be aware, one of the aspects under the shadow in looking to see whether or not to allow the appointment until a neighbor separate representation of a child on the joining of a party. Joining of a child as a party is to see whether or not contact has terminated altogether. Or do is that level of implacable ITI, which often it will be on this way. At least, of course, a child will have their own voice, and therefore there will be about an opportunity and the ability to be have to put the chance thoughts either through the garden or the solicitor, uh, just a neighbor to call to make an informed decision there after another. Option, of course, is seeking costs orders, and this is what a case of re t. 2005 illustrates that, and this is one whereby sometimes costs orders come may bait and maybe made. We've got Part 28 of the family Procedures 2010 which does provide that the court may make such orders that costs as they see fit, so it may well be necessary in some situations on the order for costs. In this case, the court said that it was neither likely to North deterred a resident parent on the facts in front of fans ago opposition to contact, which was based upon what they believed wasn't chance best interests or sometimes costs. Orders. May may work other times, of course, and they say, well, may not. Some other options are, for example, if sections 87 directions that may well be made. And this is where the local authority may get involved so that they may be directed to carry out an investigation and to provide a report normally within eight weeks off the direction, setting out what inquires they have made and looking to see what safeguards that can put in place to ensure the child's needs met and if not, if they feel that's for shorter met on that safeguards dull place put into place may not be sufficient and confirmation as to whether Day will be seeking popular proceedings. So swears section said seven directions may then come into play. Now some of you will be familiar with what? There was a significant case in 2000 and four. The case of reedy intractable contact dispute publicity. This was really a case which highlighted, sadly, someone a major difficulties we have in this field in relation to enforcement of contact at the case itself was 100 down by the, uh bye bye, Mr Justice Mumbi who as he was then, of course, the former president of Family Division. And it was a case where by there was an intractable contact. Disputed Hard was only two under dispute started. Case did go on for some five years on day. It was a case where, by door groundless assertions made over a period of some five years involving Pena, Nazi suspended sentence orders appeared of imprisonment. And there was some 43 hearings and there was some 16 different judges who heard this case. And the father ultimately don't have to. Did he stop his quest for seeing contact? Given the level of hostility uh, that he was faced with. So it just demonstrates and shows how difficult it tough tennis to deal with these types of cases. BNS is another example. Be for yes, 22,000 nineties was a case where, by mother here, did fail to abide by contact orders. Pena notices had been touched. A mother was committed to prison for three concurrent concurrent terms of 28 days for not making the child available for contact. The mother was at this time breastfeeding her three month old child, and she argued that prison would not allow mother to be able to do that. But in fact, the prison we're on the facts in a position to be able to take not only the mother but indeed the child in the circumstances, with a view to ensuring that the child in the mother's articulate rights were not breached in that regard. So again, you can see that the Court of Appeals were very firm on this, and they took the view that a care of Children mustn't assume that they are protected from being sentenced to immediate terms of imprisonment. Wendy are clearly and repeatedly and deliberately breaching contact all that says the mother was doing in the circumstances here. One other options. Sometimes that you may wish to employees the possibility off what was previously known as a conditional residents order now of course, this would be termed conditional Child arrangements Order specifying Living with on Essentially, this is where by it may be a way off almost suspending transfer residents only if it became necessary. And this is really based on at this case, off re m Children. This 2012 case on dirt this was handed down by Mr Justice Jackson sitting in the high Court on its one involving two Children aged eight and 10. My father saw contact, which was denied, and mother was persuading Children to have a negative view off their father. The Children were very negative. Loyal to their mother on the Children were separately represented. Committal proceedings were brought on, uh, mother eventually allowed to file to have some limited contact, but not to the level that should have taken place. And Father ultimately applied for the Children who resigned with him. The mother was not promoting contact on the court. What a view that Children actually do very well at school and was settled. And therefore the court was not prepared to switch residents to father immediately, and instead they would only switch residents to mother if it became necessary. I e if she refused to comply with the orders for contact. It's essentially the court ordered to periods of staying contact and if this did not occur, then the Children would be moved to live with their father. And if this was the case, then the court would make the recovery order, which affect essentially was an order under the Family Law Act 1986 Section 34 which would then enable the police to use reasonable force to remove the Children from mother and to enable them to be placed with her father. So this was almost a suspended removal if it became necessary in the circumstances, that was very much to thinking behind this order. What other options are there to deal with enforcement? Well, one other option, of course, is to look at the legislation that came into effect some years ago and looking at the opportunities available under that, I'm looking at the Children on Adoption Act of 2000 and six. A lot of this which came into force on the eighth of December 2000 and eight. So this brought in various provisions such as, for example, Section 11 A, which relates to activity directions and 11 b, which relates to conditions. And essentially, this is where the cork and direct upon on application for enforcement on form C 79 for the person concerned to undertake programmes of work which could involve them attending parenting classes and programs, counseling or guidance that may assist them in Notting establishing but also maintaining any deed, even improving contact with a child. This could help him in, for example, addressing issues off the final behavior. Andi, anyway, to facilitation off contacts or sometimes this money involved specifically them attending programs related to what's called a spitz that's a separated parent. Information programs will by day receive advice or information regarding the making or operating arrangements for contact. Uh uh, The aim off this really is to assist them by being in a position to be up to look at the benefits and the positives of promoting at this contact. And it's fast. CAFTA's are concerned. Section 11 hates of the Children Act provides that the court could make an order monitoring Gorda sold at CAF Castle, required to my to the compliance, and then we've brought back to the court that they're after. There's also the provisions relating to warning or to see. So this is where sexually 11 I comes into place on a court will attach a warning notice to the child arrangements Order specified Spending time with otherwise I'm in contact, which which then warns the person of the consequences of failing to comply with the terms of the order on Linked in With that at the resection 11 j, for example, whereby if the court is satisfied beyond reasonable doubt that person has failed to comply with a child arrangements order, it made them make an order imposing on that person on unpaid work. Requirement on the court won't be up to make disorder unless they are satisfied that the person had a reason excuse for failing to comply with the order. The burden does rest if a heavily on the person is claimed to have had a reason or excuse, have to rely upon this to understand it. They have to establish the court with, for this is on the balance off probabilities. So this is unpaid work orders, which effectively a form of community service which could be ordered undirected in the circumstances. There's done, of course, compensation for financial loss. That's Section 11 are were Bisley Court satisfied that having made a charter ancient sword and of course satisfied at the non resident parent has suffered financial loss teach to breach in the court may then make an order requiring the other person to pay it. That person compensation due to financial loss that you have suffered. So that's where that comes into play. So this is section 11 off the act. Now there's also Section 16 of the Children Act off 89 dots relates to family assistance orders wave If the court makes a family assistance order, Section 16 which they can make their touched a Section eight order. And this requires a person to advise the system. Befriend named person and discontent, sometimes with consents. Assist in the facilitation of contact in some limited cases. Now, as I mentioned earlier, committal is an option. And if one is going to be pursuing cometo, this is where by one would need to ensure that they do then complied Part 37 of the family procedures of 2010 which looks at this and this is where by part fits seven covers on application to commit a person for breach of an order and family proceedings. Differential application would need to be made by whether committal notice using the Part 18 procedure it should set out in four. The grounds of publishing committed application has been made. You must make sure that you said separately and numerically each alleged act of contempt on this application. Ortiz would need to be supported by an affidavit on Air Force One statement affirmed containing all the evidence relied upon. And it has been personal service effective unless, of course, dispense with person service. And a hearing is such that the hearing is such that responded in time to give oral evidence. Does circumstances on the hearing or to be in public unless the court directs otherwise Now, one of the other issues we often do get involved with in these situations is what exactly doesn't mean to make a child available for contact is, of course, this in itself and often can cause a lot of dispute Onda problems between parents and this is where the case of in the matter of out W sub mom on others comes into play. This case of 2010 contact orders have been made here on the father did, in fact appeal against enforcement orders and compensation orders, as well as a committal order. Case itself involved a 10 year old child who lived with her father. A mother sought contact. A mother herself, in fact, applied for enforcement as well as compensation for financial loss. This is where by the court looked at the enforcement orders and compensation orders and one of the things the court did say here, that when it comes to making available, the court did say at that to make available does not have written within it. The words to make sure to ensure a father's obligations were to allow contact in the major child available for contact, but to allow was to concede or to permit to make available was to put up disposal or within one's reach. And father was not under a legally enforceable application to take such steps to ensure in the circumstances. Haven't said that in the later case of HB Dis Court appeal decision W judgments handed down by Lady Justice, Black took the opportunity to set out quite significantly the position with parental responsibility. On Also, there was a judgment handed down by the then president from division Sir James Mumby. And in particular, Paragraph 76 of that judgment is one whereby His Lordship did say that parental responsibility is such that it's not just a matter of law but also as a matter of parental obligation. Is that apparent whether, for example, by argument or persuasion, toe blandishments, inducement or even sanctions needs to do their level best to ensure compliance, because this is what one would expect apparent to do when you've got a rebellious teenage child is for initially refusing to do GCSE a levels or dropping out school indoor circumstance and therefore the argument. The president was arguing that the same should apply when you've got a child who is refusing to see their father now, as I mentioned Children, of course, in this situation, do you need to have a voice? And with that in mind, this is where there has been guidelines which have come into place of some years ago enabling judges to meet Children. And these were the guidelines off April 10 2010 about guidelines for judges meeting. Children are subject to family proceedings on this with a neighbor than a child to be seen but a judge to enable a child to feel that day. I certainly understand the process and to enable the court to be satisfied, a child and knows that I have had the opportunity to have a voice in that regard. The purpose of the meeting nonetheless, is not there to gather evidence, because this guy that makes it very clear that that's a roll off. Calf CASS, officer on the social Workers and re F A much emphasizes that this case of Rieff Children this 2016 case, whereby here his lordship did say that there are various ways in which the views of the Children could be brought it, of course, attention. Children could be separately represented. The Corby reports of calf cast. It could be face to face interviews with a child. The child could even give evidence from a case of Www off 2010 about a child giving evidence in these proceedings, and I mentioned earlier the position would commit her, which may will be an option unless necessary in some circumstances, and this is with a case of Williams and Williams. This 2018 case emphasises again the need to ensure full compliance with Part 37 when it comes to committed applications. Now, when it comes to enforcement, the other case of C H and C T is very important. This case also 2018 this is one were by at the application was made related to an appeal by mother falling. Re suspending committal order had been made. Contact hadn't taken place. An application was made for committal by indoor circumstances. But the court emphasize how important it is to ensure that the committed application was dealt with proper properly, pursuant to rule 27.10 and at some 0.10 in particular. And here there was no formal application to commit in the circumstances and also on the facts. The warning notice had in fact been mixed up with the peanut notice, which was inappropriate in the circumstances. On the court did say that a warning notice under Section 11 I is in fact very different for penal notice on the route through 37.9 of the family procedures or charred arrangers, orders must containing warning warning notice. But a child arrangements order may not always be endorsed with a penal. Just one would need to apply and this was imperative on the circumstances because the penal notice had not been attached. And yet there was an application made for committal and even the procedure therefore committed had not been dealt with appropriately. Finally, there was a more recent case earlier this year. We are a child termination contact and this is one involving 2 12 year old child who resided with Yeah, the father in the second stances side with the mother and father sought contact Contact that was sort was direct contact in the circumstances that there were failures finally made against mother in these circumstances and that the mother had coached her childhood primed child to make allegations against the father. My mother had engaged in the course of conduct. Indentation have prevented a child from having any contact with the father. For some time, mother had been implacably hostile towards the father having contact. Mother had tried to block the relationship between the child and the father, and the mother had alienated a child that from the father for some time untucked. The matter went to appeal whereby the decision that was taken falling on opinion from a psychologist was that efforts should be taken further to reinstate contact. The child would suffer significant harm if the relationship with her father was lost on the harm that the child would suffer in a mother's care could be really addressed to some extent by undertaking therapeutic work to enable the mother to meet her chance emotional needs on. But this was a case where by the court found that the case should not be terminated at this stage. But one should really look to continue with less necessary therapy to ensure that contact will be reinstated on. One of the things the court did say is that from the previous authorities contact between a parent of a child of the fundamental element of family life and he's always an interest of the child. Contact should only be terminated in exceptional circumstances where there are cogent reasons for doing so, and that the court should also be fair, reluctant to allow the implacable hostility or one parent to deter for the core for making a contact order where they believe the child's welfare requires it in the circumstances and therefore the facts. The court file that they need to be a balancing exercise between under one hand in a vendor process to continue to reinstate the direct contact, but the same time to ensure that there is a level of work done so that the end of the world had not yet being reached into circumstances. So again, very useful case which looks at the attempts that should be made to look at reinstating contact in the circumstances. Okay, so you can see have covered today a number of cases which have been put together looking at different options available when it comes to Dean would enforcement of these Children law orders on also had look at their case law as well as a statue to look at what this tapestry provisions are available for enforcement in a Thank you very much for listening. I hope that was useful. And I speak to you next time. Thank you. Bye. For now.
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