If there is a threat of violence to an ex-partner and his or her children, I entirely agree that a breach of contact may be justifiable and the Bill makes provision for that—it is a matter on which the court must be satisfied. The Bill also includes clause 7 on risk assessments, which we welcome, and which will provide clearer evidence of the strength of the risk. However, unless the risk is proven—unless the case is put—the assumption should still be that a contact order granted by a court should be adhered to and it is up to the person who has breached the order to prove why he or she was justified in doing so. If not, and if the risk assessment does not show that there has been a threat of violence, the penalties should be invoked. I am not in any way trying to put at any more risk someone who is at threat from violence, or indeed, his or her children, but the person who uses that excuse with no vindication must realise that there are realistic penalties that will be enforced.
Children and Adoption Bill
Proceeding contribution from
Tim Loughton
(Conservative)
in the House of Commons on Thursday, 2 March 2006.
It occurred during Debate on bills on Children and Adoption Bill (HL).
Type
Proceeding contribution
Reference
443 c431 
Session
2005-06
Chamber / Committee
House of Commons chamber
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