Court enforcement of child contact orders: evidence review

12. Conclusions

12.1 This rapid review of evidence has outlined the different approaches taken by courts to enforcement of child contact orders. The available empirical evidence suggests problem-solving responses to enforcement issues are the most widely used and the most effective.^[56] Courts increasingly recognise the nuanced and often complex nature of child contact cases and have developed measures to intervene appropriately. Settlement and amendment of orders is most common, as many parents have a material change in circumstances meaning the interests of the child can be most easily maintained by a amendment to the existing order.

12.2 The evidence suggests that punitive sanctions are rarely used, though they can be important to ensuring compliance in some cases and generally they are adequate as they stand. ^[57]Even the ability of the courts to 'threaten' certain sanctions can be useful in enforcing some cases.

12.3 It is difficult to know the prevalence of child contact order breaches and enforcement in Scotland, as available civil imprisonment data is not specific enough with regards to contact cases.

12.4 More widely, the evidence base on enforcement of child contact orders is fairly limited. There is some information on how other jurisdictions respond to enforcement of child contact, however a number of publications describe only the legal provisions available and do not assess their effectiveness. There are very few studies on, specifically, the longitudinal outcomes for families who have experienced child contact enforcement in court, or that include quantitative data on prevalence, types of outcomes and effectiveness. The 2007 review by the Scottish Government notes the limited evidence base in this area, and this remains the case.^[58] Enforcement appears to be an under-researched area of contact and hence this review relies on a small number of sources.

12.5 The findings of this review reinforce some of the policies in the Children (Scotland) Bill on non-compliance (e.g. investigating/problem-solving, taking child's views, varying orders, training of Child Welfare Reporters, and regulating contact centres), and support measures that there is not provision on (e.g. use of mediation and parenting classes, as these may not be appropriate in high-conflict cases).