Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment she has made of the adequacy of legal mechanisms available to victims of (a) coercive control and (b) other abuse when family courts do not enforce child custody arrangements.

A Child Arrangement Order may be made by the family court to specify whom a child should live with, spend time with or otherwise have contact with.

If the court is satisfied beyond reasonable doubt that a person has failed to comply with a Child Arrangement Order, the court has a range of powers available, they can: issue fines, enforcement (and suspended enforcement) orders, and orders for compensation for financial loss, and ultimately to commit an individual to prison, as well as varying the Child Arrangements Order to include a more defined order or a reconsideration of the child’s living or contact arrangements.

The Department operates a fee system in which those who engage with courts and tribunals are asked to fund some of the cost of administration, where they can afford to do so. This aligns with HM Treasury’s Managing Public Money guidelines, which recommends that fees are charged at a level to recover the full cost of their underpinning service.

The Department recognises that the Lord Chancellor has a duty to ensure access to justice for all those seeking support from a court or tribunal. The Help with Fees scheme offers partial and full remissions to those who cannot afford to pay a court or tribunal fee. Some fees, including those payable for applications relating to child arrangements, are intentionally set below their underpinning cost to further protect access to justice.

Legal aid is available for private family matters, including an enforcement order following the breach of a child arrangements order if an individual is a victim of domestic abuse or at risk of being abused. This funding is subject to providing the required evidence of domestic abuse and passing the means and merits tests.