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The challenges of enforcing orders relating to children

Philip Hunter discusses the delicate balance to be struck between demonstrating robust justice for the breach of an order and recognising the best interests of the child

19 July 2017

One area of family law that is often overlooked as part of the post-LASPO fallout is the difficulty for parties of securing the enforcement of orders relating to children. Individuals might instinctively sense that they might be successful with applications for contact or other orders under section 8 of the Children Act 1989 (CA 1989) – the bread and butter of private children cases – but will feel a sense of frustration at their inability to enforce any order against a non-compliant or intransigent parent.

Need for review

In late November 2012, the then Conservative-Liberal Democrat coalition government proposed a review of an earlier joint Department for Education and Ministry of Justice consultation document, ‘Co-operative Parenting Following Family Separation’. The review was published in early 2013, and the government made clea...

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