PART 3I: ENFORCEMENT OF CHILD ACCESS ORDERS

46A. Definitions of this Part

46B. Enforcement of access orders by the Family Courts

46C. Scope of access enforcement application

46D. Commencement documents for access enforcement application

46E. Compliance bond

46F. Application to discharge compliance bond

46G. Application to forfeit compliance bond

46H. Hearings in Court and in chambers

46A. Definitions of this Part

Where the words and phrases defined in Part 3A, Rule 1 of the Family Justice (General) Rules 2024 are used in this Part, they shall have the same meaning as defined in Part 3A, Rule 1 of the Family Justice (General) Rules 2024, unless otherwise specified.

46B. Enforcement of access orders by the Family Courts

(1) An access enforcement application shall be commenced in the Family Courts.

(2) To avoid doubt, an access enforcement application in respect of an access order made by the General Division of the High Court (whether before, on or after 1 October 2014) shall be commenced in the Family Courts.

46C. Scope of access enforcement application

(1) An access enforcement application must only be made in respect of alleged breaches of access orders occurring on or after 2 January 2025.

(2) To avoid doubt, sub-paragraph (1) applies to all access orders, whether made before, on or after 2 January 2025.

46D. Commencement documents for access enforcement application

Originating application

(1) Without limiting Part 3A, Rule 2 of the Family Justice (General) Rules 2024, the originating application must:

(a) specify the access order sought to be enforced, stating the order number and the date on which the access order was made;

(b) specify the paragraphs of the access order alleged to have been breached; and

(c) state the specific orders or reliefs sought.

(2) Any other specific orders or reliefs that are required on the particular facts of each case are to be included.

Supporting affidavit by the applicant

(3) The following must be included in the supporting affidavit referred to in Part 3A, Rule 3 of the Family Justice (General) Rules 2024:

(a) the name, description and address of the respondent against whom the application is being sought;

(b) the specific paragraphs of the access order alleged to have been breached, with a copy of the access order exhibited;

(c) the specific date, time, and location of each instance of the alleged breach, with sufficient details to allow the respondent to respond to the allegations, with supporting materials (if any) exhibited;

(d) whether the respondent has been served with a copy of the relevant access order and / or is aware of the contents of the access order, and if so, the details of such service and / or how the respondent became aware of the contents of the access order, with supporting materials (if any) exhibited;

(e) whether the applicant has made any attempts to resolve the respondent’s alleged breach of the access order, and if so, the details of such attempts;

(f) whether there have been previous committal proceedings brought against the respondent for breach of access orders, and if so, the case number and the orders that were made in those proceedings, with copies of the previous orders (if any) exhibited;

(g) whether there have been previous access enforcement applications brought against the respondent for breach of access orders, and if so, the case number and the orders that were made in those proceedings, with copies of the previous orders (if any) exhibited; and

(h) all necessary evidence in support of the application, which may contain statements of information or belief with the sources and grounds clearly stated.

(4) The particulars of the respondent’s alleged breach of the access order must only include breaches alleged to have occurred on or after 2 January 2025.

Respondent’s affidavit

(5) The respondent’s affidavit must contain all necessary evidence in response to the application and may contain statements of information or belief with the sources and grounds clearly stated.

46E. Compliance bond

(1) Where the Court has determined that there has been a breach of the relevant access order, the Court may order the respondent to execute a compliance bond in Form 49-A of Appendix A of these Practice Directions and require that the respondent pay the amount of the bond in cash.

(2) The cash deposited as security for the compliance bond must be paid into Court in the manner and within the time period as directed by the Court.

(3) The respondent must comply with the conditions stated in the compliance bond until such time when the compliance bond is discharged or has expired. If the condition(s) of the compliance bond is / are not complied with, the Court may make further orders as it thinks fit.

(4) When the compliance bond has expired and no applications have been made to forfeit the bond before its expiry, the respondent may make a request for the release of the security by filing an “Other Hearing Related Request”. The respondent is to state the reasons for the release of the security in the request and exhibit a copy of the compliance bond.

46F. Application to discharge compliance bond

(1) The summons for an application to discharge a compliance bond must be made in Form 67A of Appendix A of these Practice Directions and specify the compliance bond sought to be discharged, with a copy of the compliance bond exhibited.

(2) The relief sought in the summons should be phrased as follows:

Discharge of the compliance bond executed by the respondent on [date] for a period of [duration of the bond] for having complied with the access order [order number] and condition(s) of the bond.

(3) The affidavit in support of the application must state the following:

(a) particulars of the access enforcement order, with a copy of the access enforcement order exhibited;

(b) particulars of the compliance bond, including the duration and conditions of the compliance bond (where applicable), and details of the security paid by the respondent in respect of the compliance bond, with a copy of the compliance bond exhibited;

(c) the reasons why the compliance bond should be discharged; and

(d) where applicable, a declaration that the respondent has fully complied with the access order and all condition(s) of the compliance bond as of the date of the affidavit.

46G. Application to forfeit compliance bond

(1) The summons for an application to forfeit a compliance bond must be made in Form 67A of Appendix A of these Practice Directions and specify the compliance bond sought to be forfeited. The application must be filed before the expiry of the bond, and no application shall be filed after the expiry of the bond.

(2) The relief sought in the summons should be phrased as follows:

Forfeiture of the compliance bond executed by the respondent on [date] for a period of [duration of the bond] for having failed to comply with the access order [order number] and condition(s) of the bond.

(3) The affidavit in support of the application must state the following:

(a) particulars of the access enforcement order, with a copy of the access enforcement order exhibited;

(b) particulars of the compliance bond, including the duration and conditions of the compliance bond (where applicable), with a copy of the compliance bond exhibited; and

(c) particulars of the respondent’s alleged failure to comply with the access order or any condition(s) of the compliance bond, and specifying the paragraph(s) of the access order and / or specific condition(s) of the compliance bond alleged to have been breached, the period in which the breach(es) is / are alleged to have occurred, and where possible, the specific dates / time of each instance of alleged breach.

46H. Hearings in Court and in chambers

(1) An access enforcement application shall be heard in Court unless otherwise ordered by the Court.

(2) The following matters shall be heard in chambers unless otherwise ordered by the Court:

(a) an application to discharge a compliance bond; and

(b) an application to forfeit a compliance bond.