MOTHERS who defy court orders and prevent their former husbands or partners from seeing their children face tough penalties under government plans to give a fairer deal to fathers.

Ministers plan a series of measures to tackle what they believe is a bias against men in the family courts. In particular, they want to send a strong signal to mothers not to break the terms of their access agreements.

Under present law, judges can order a fine or send a woman to jail if she refuses to honour court orders on access. However, courts are often reluctant to do either, fearing that it is against the interests of children to have their mother sent to jail or cut back on household expenses to pay a fine. As a result, often nothing is done.

A Green Paper this summer will set out new penalties that judges can use if mothers repeatedly defy agreements, including taking away driving licences and ordering community service.

“The penalties as they stand are not working because they are seen as too punitive towards children, so we have to look at alternatives which stand more chance of being used,” one government source said.

The move comes a week after a senior judge attacked the legal system when a father had to abandon a five-year battle for access to his seven-year-old daughter after 43 court hearings.

Mr Justice Munby said that the legal system had failed the man, largely due to its inability to prevent the mother breaking earlier court orders which had given the father rights to see his daughter.

The High Court in London was also told that the mother had made several “groundless” allegations about the father, including claims that he force-fed his daughter, frightened her and threatened to take her away. The Green Paper, being drawn up by Lord Filkin, the Minister for Family Justice at the Department for Constitutional Affairs, will contain plans to persuade as many couples as possible to use mediation services and draw up a US-style “parenting plan” rather than resort to the courts.

In another move to improve the family courts, the Department for Education and Skills is trying to tackle delays in cases reaching court, which can mean fathers being denied access to children for months.

The Children and Family Court Advisory and Support Service, set up in 2001, is responsible for drawing up reports on the welfare of children and their parents when custody cases go to court.

Margaret Hodge, the Children’s Minister, is exploring how that process can be speeded up to a matter of weeks to reduce the time that fathers are denied access.

The Green Paper and reform of the advisory and support service are together likely to result in a Labour election manifesto commitment to overhaul the failing family courts and help fathers to keep in touch with their children.

Fathers are becoming an increasingly powerful political lobbying group and ministers are eager to show that they are listening. Patricia Hewitt, the Trade and Industry Secretary, has said that she wants the manifesto to contain plans to help fathers to work more flexibly, and may offer them the right to share maternity leave with their partners.

Access to children after separation is a considerably more sensitive issue, but ministers are questioning privately if the pendulum has swing too far in favour of women.

The Government’s Green Paper is expected to explore ways to discourage mothers from making false allegations of domestic violence to restrict access. Mothers may also be warned that false allegations could harm their chances over custody.

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