Courts getting tougher on enforcing contact?

One of the most common questions to FNF Scotland is:  “What happens when a contact order has repeatedly been broken?”

One recent case received press coverage because the mother had been a contestant on the TV programme The Apprentice.

Sheriff Fiona Tait at Perth Sheriff Court gave Sharon McAllister six months to comply with court orders in a child contact case or face additional fines and a six-month prison term.

Sheriff Tait said Ms McAllister’s behaviour was “a particularly bad contempt of court.”

The court heard there had been a series of problems between Ms McAllister and her son’s father which meant she had not been able to maintain contact without incident.

Ms McAllister, who now lives in Hertfordshire, was ordered to return £20,000 to the Scottish Legal Aid Board.  She was found guilty of contempt after she defied court orders to hand her son over to his father on a number of occasions.

Sheriff Tait warned her that if she did it again she could face a prison term and deferred sentence for six months for good behaviour.

She told Ms McAllister: “The options are a custodial sentence, a financial penalty or for the court to defer matters.  I’m minded to defer sentence for six months for you to be of good behaviour and show you will obtemper to an order made by the court.”

“The sentencing options will remain live to the court for that six-month period. What I want is no further repetition of your failure.”

The case had been called in court more than 30 times in the past four years with Ms McAllister receiving legal aid to defend the civil action brought by her former partner.

Her former partner said: “There were plenty of opportunities for us to get around the table. It’s almost like her pride gets in the way – she can’t possibly be seen to lose.”

This use of a deferred prison sentence isn’t restricted to such high profile cases.  We have heard of at least one other recent example in south-west Scotland, and hope that all Sheriffs are prepared to uphold contact orders in this manner where necessary.  

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