Curfew for mothers in child access rows

Mothers who block their ex-husbands from seeing their children will face night curfews under plans being announced today.

Courts are also to be given tough powers to use community service sentences and other sanctions against parents who fail to obey access orders.

Parents who ignore the courts will be fined for the first time, to reimburse their former partner for any expenses incurred by their refusal to grant access.

About one in 10 of the 200,000 cases of divorce or break-up of co-habitees every year ends in a court order setting rules for when the absent parent can see the children. Most of the 4,000 parents a year who defy court orders are mothers.

However, ministers will not bow to demands from campaign group Fathers 4 Justice to give fathers "50-50" access in every case. They believe children cannot be treated like a "CD collection". Instead, Education Secretary Ruth Kelly and Lord Chancellor Lord Falconer will today say that much better use must be made of mediation services.

If parents cannot bear to be in the same room as each other to reach agreement, then the courts will intervene. To make the system more efficient, ministers want parents to get first court dates more quickly, and for the same judge to see cases through to the end to improve " continuity" for all concerned.

Following support for their proposals in a Green Paper published last July, ministers will also give the courts more power to ensure access orders are obeyed. If a father spends money on travelling to see his children and the mother then refuses access, he will be able to claim the cost from her.

If he books a holiday with his children and the mother prevents them from going, he will be able to sue her for the loss. Parents who flout the courts over access could also be handed community punishments such as being forced to carry out work for the voluntary sector.

At present the only sanctions available are prison or fines.

Lord Falconer, speaking at the launch of the Green Paper, said: "All the evidence shows the best solution in many cases is for parents to find their own solution. Where we can we will help with advice, support and mediation. Recourse to the courts should be the last resort." Tory leader Michael Howard has said the starting position after a break-up should be equal access for both parents. The Government has dismissed this.

Last summer, Lord Falconer said: "There cannot and will not be an automatic presumption of 50/50 contact. Children cannot be divided like the furniture or the CD collection. It is more complex than that."

The package of reforms will also see the relaunch of the Government's "parenting plans". These will set out voluntary agreements on childcare between separated parents. Although they will not be legally binding, they can be referred to by the courts if relations deteriorate later.

A spokeswoman for the Department for Education refused to confirm claims that electronic "tagging" would be used to enforce the night-time curfews.