What is a coercive order in family court?

[bster84]

Ive just been reading a judgement that I was linked to and it says that

the judge may well make a coercive order against the father. From that point the judicial die is cast: subject to accidents, failures of contact will be the father's fault, and punishment will if necessary follow.

In our case replace father with mother, and what exactly does this mean?

Does this mean that a judge can and will make an order which says the mother will make sure that contact takes place, rather than the rubbish make the children available that is in place now? And if so what do we have to do/show to get this wording rather than the words we have?

Thanks
L

[prh47bridge]

If the mother in your case is not complying with a contact order you can take her to court and ask for the order to be enforced. If the court finds that she is repeatedly breaching a contact order without good reason there are a range of measures they can take to enforce contact. This includes making orders which impose sanctions if she fails to comply with the contact order - coercive orders

The case to which you refer involved a boy who was refusing contact with his mother. The mother asked the courts to enforce the order. The court formed the view that the father was responsible for the boy's refusal and made a number of enforcement and compensation orders over the course of 6 months before finally making a commital order, sentencing the father to imprisonment if he failed to comply with the contact order. However, the Court of Appeal ruled that the courts had got this wrong and upheld the father's appeal against all of these orders.

[bster84]

Ahhh right i see so the actual court order would still say make available? And then it would be down to DP to apply for enforcement ... there is no way to get an order to say mum must make contact happen?

DP has been trying to see 2 of 3 DCs in a contact centre. They have been refusing to attend, contact centre staff have attempted the handover but not made it work, so its actually not mum refusing the contact the staff at the centre have said wont work today, try again. DP now refusing to attend contact centre!

He is having a contested hearing andis hoping for an order which says mum must make kids have contact rather than make available? I have to admit im not hopefully so have being trying to find more info out for him

[Collaborate]

Rather than try coercive measures (which may well be counter productive) he should investigate what supported contact facilities there are near to him. Where I practice there is a CAFCASS funded LA run organisation that offers heavily supported and supervised contact. Contact centres aren't suitable for your type of case. They merely provide a setting, and beyond what they've done in your case they don't intervene.

The type of group I'm thinking of will actively suggest strategies to get contact working. CAFCASS should be able to signpost you.

[cestlavielife]

how old are the children? that might make a difference as to the approach to take....

why do you think they refusing to attend?

to what extent can mum actually make contact happen if DC refusing?

[bster84]

Hi,

Thanks for the replies.

Collaborate DP will be having a further addenum CAFCASS report I think, certainly exs solicitor is requesting one, and DP has agreed,and hopefully the judge will too. Its just he has a mediation session before, and he is supposed to be coming up with a suggestion on how contact could go, and he has no ideas, bar "mum must make DSCs go" I just dont think thats going to be put into an order.

cest DC are 12, 7 and 3. I think they are refusing to attend because mum is turning them against DP. Every little thing he does she "saves" them from and undermines him at every turn.

CAFCASS report last year said 12 - dont make come. 7 - was reluctant for contact and was saying negative things, but could be picking up on hostility between parties and long term gains would outweight short term benefits. 3 - was following lead of sibilings when in the moment, but spoke positively of dad. Recommended contact with younger 2.

DP wants mum to bring DC to drop off point and then leave no matter how much they are upset / cry etc. He feels the distress they show would stop once she had left, but because she never leaves he cant ever prove that to bethe case.

Ive been searching the internet trying to find a suggestion for hisproposal for mediation so i can at least offer something constructive rather than court wont make that order, but so far im struggling.

[cestlavielife]

maybe mum takes them to mutually agreed third party and leaves them with third party - who takes them to the contact centre - then they go to dad - so there is a buffer in between?

crying on hand over - well three year old yes could be simple playing up etc but 7 year old - well goes a bit deeper - maybe some kind of family therapy? psychologist to get at the reluctance (assuming no obvious welfare reasons eg did chidlren witness anything untoward between the parent s when they split etc? any mental health issues on either side, verbal/physical abuse etc? how long has he been with you? )

hard to say tho without knowing why CAFCASS invovled what were the actual welfare issues etc . apart from mum's hostility there may be other issues which you may not be able to talk about.

what is the "Every little thing he does" - you dont need to answer -

maybe your DP could ask about/offer specialised family therpay/psychologist /play therapist to talk to the children and identify what the real issues are? it jsut sounds like there may be real issues there....and someone needs to be finding out what they are for thechildren...other than just parental hostility?

maybe both parents could attend something like parenting together course?
www.tccr.org.uk/index.php?option=com_content&view=article&id=61&Itemid=113

but if either party has been abusive or there are severe MH issues on eaither side - then this wont work...