Court enforcement of child contact orders: evidence review

8. Protective measures

8.1 In some cases, non-compliance with a child contact order is due to one parent's safety concerns for the child during contact with the other parent. In such cases, courts employ a number of evidence gathering processes to establish the veracity of the concerns. Across jurisdictions, in cases where risk is identified, courts often use contact centres to enforce child contact orders. The available evidence suggests this intervention allows contact to continue, but under a level of supervision that can keep the child – and potentially also the vulnerable parent – safe. In these kinds of circumstances, the evidence suggests contact centres can be valuable in maintaining contact and addressing child protection concerns.^[34] The literature highlights that, in some cases, contact centres may be seen as a temporary measure pending resolution of the family conflict, but in cases where there are ongoing child protection concerns, centres may be required as a longer-term or permanent measure to allow compliance with a court order.^[35]

8.2 The evidence base suggests that, across international jurisdictions, courts are at an early stage of developing the skills and resources to recognise and address cases where one parent appears obstructive but is in fact refusing contact on the grounds of child protection concerns.^[36] Some research highlights cases in which inappropriate child contact arrangements have been ordered, due to the court's non-recognition of legitimate concerns, leading to families' sustained contact with the legal system and increased risk(s) to the child and parent.^[37]