Q&As

In proceedings under the Children Act 1989, contact is being supervised due to the father’s behavior but he says he is unable to pay for the cost of the professional supervisor. Does the court have jurisdiction to order a party to pay the cost of a professional contact supervisor in such proceedings?

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Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on LexisPSL on 14/05/2020

The following Family Q&A Produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • In proceedings under the Children Act 1989, contact is being supervised due to the father’s behavior but he says he is unable to pay for the cost of the professional supervisor. Does the court have jurisdiction to order a party to pay the cost of a professional contact supervisor in such proceedings?

In cases where there is concern as to the safety of any child or children, an order may be made that provides that contact be supervised whether by an agreed third party, a professional or through a contact centre, under section 8 of the Children Act 1989 (ChA 1989). Under ChA 1989, s 11(7):

‘(7) A section 8 order may—

(a) contain directions about how it is to be carried into effect;

(b) impose conditions which must be complied with by any person—

(i) who is named in the order as a person with whom the child concerned is to live, spend time or otherwise have contact;

(ii) who is a parent of the child;

(iii) who is not a parent of his but who has parental responsibility for him; or

(iv) with whom the child is living, and to whom the conditions are expressed to apply;

(c) be made to have effect for a specified period, or contain provisions which are to have effect for a specified period;

(d) make such incidental, supplemental or consequential provision as the court thinks fit.’

It would appear, therefore, that the court is able to include in any child arrangement orders (CAO) a provision as to who must pay the costs of any contact centre or supervis

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