Certain provisions of the Children and Family Relationships Act 2015 will be commenced imminently, including key reforms to the Guardianship of Infants Act 1964, which is the legislation governing guardianship and custody of, and access to children. In particular, the reforms include the insertion of new sections - sections 18A to 18D - in the 1964 Act. These provisions allow the court to intervene where a parent or guardian does not comply with a custody or access order. The court may order additional access time in order to help address adverse consequences of previous failure to allow access; reimbursement of expenses incurred in an attempt to exercise access; or it may require the applicant, the respondent, or both to attend a parenting programme, family counselling, or a mediation information session. Where a parent or guardian without reasonable notice fails to exercise his or her court-ordered access or custody, the court may also order that the expenses of the other parent be reimbursed.
It is my hope and expectation that these new provisions will give the courts new options to help parents whose relationships have broken down to focus on their joint parenting responsibilities and on the best interests of their children, and to make and adhere to custody and access arrangements.