Children and Families Bill

Session 2012 - 13
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Children and Families Bill

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
119

      (5)
After subsection (5B) insert—
“(5C)
This subsection applies to a child arrangements order if the
arrangements regulated by the order relate only to either or both of
the following—
(a)
with whom the child concerned is to live, and
5
(b)
when the child is to live with any person.”
      (6)
In subsection (6)(b) (person may apply for variation or discharge of a contact
order if named in the order)—
(a)
for “contact” substitute “child arrangements”, and
(b)
for “the order.” substitute “provisions of the order regulating
10
arrangements relating to—
(i)
with whom the child concerned is to spend
time or otherwise have contact, or
(ii)
when the child is to spend time or otherwise
have contact with any person.”
15
      (7)
In subsection (7A) (if special guardianship order in force, application for
residence order may be made only with leave of the court) for “residence
order” substitute “child arrangements order to which subsection (7B)
applies”.
      (8)
After subsection (7A) insert—
20
“(7B)
This subsection applies to a child arrangements order if the
arrangements regulated by the order consist of, or include,
arrangements which relate to either or both of the following—
(a)
with whom the child concerned is to live, and
(b)
when the child is to live with any person.”
25
6     (1)
Section 11 (section 8 orders: general principles and supplementary
provisions) is amended as follows.
      (2)
Omit subsection (4) (residence order may make provision about when a
child is to live with persons who do not live together).
      (3)
In subsection (5) (residence order ceases to have effect where parents resume
30
cohabitation for at least 6 months)—
(a)
in paragraph (a) for “residence” substitute “child arrangements”,
(b)
in paragraph (b) for the words before “two” substitute “the child
has”, and
(c)
in the words after paragraph (b) for “residence order” substitute
35
“order, so far as it has the result that there are times when the child
lives or is to live with one of the parents,”.
      (4)
In subsection (6) (contact order ceases to have effect where parents resume
cohabitation for at least 6 months) for the words before “shall cease”
substitute “A child arrangements order made with respect to a child, so far
40
as it provides for the child to spend time or otherwise have contact with one
of the child’s parents at times when the child is living with the child’s other
parent,”.
      (5)
In subsection (7)(b) (persons on whom conditions may be imposed by a
section 8 order)—
45
(a)
for sub-paragraph (i) (person in whose favour the order is made)

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
120

substitute—
“(i)
who is named in the order as a person with
whom the child concerned is to live, spend
time or otherwise have contact;”, and
(b)
in sub-paragraph (ii) omit “concerned”.
5
7     (1)
Section 11A (contact activity directions) is amended as follows.
      (2)
For subsections (1) to (3) (power to make directions) substitute—
“(1)
Subsection (2) applies in proceedings in which the court is
considering whether to make provision about one or more of the
matters mentioned in subsection (1A) by making—
10
(a)
a child arrangements order with respect to the child
concerned, or
(b)
an order varying or discharging a child arrangements order
with respect to the child concerned.
(1A)
The matters mentioned in this subsection are—
15
(a)
with whom a child is to live,
(b)
when a child is to live with any person,
(c)
with whom a child is to spend time or otherwise have
contact, and
(d)
when a child is to spend time or otherwise have contact with
20
any person.
(2)
The court may make an activity direction in connection with the
provision that the court is considering whether to make.
(2A)
Subsection (2B) applies in proceedings in which subsection (2) does
not apply and in which the court is considering—
25
(a)
whether a person has failed to comply with a provision of a
child arrangements order, or
(b)
what steps to take in consequence of a person’s failure to
comply with a provision of a child arrangements order.
(2B)
The court may make an activity direction in connection with that
30
provision of the child arrangements order.
(3)
An activity direction is a direction requiring an individual who is a
party to the proceedings concerned to take part in an activity that
would, in the court’s opinion, help to establish, maintain or improve
the involvement in the life of the child concerned of—
35
(a)
that individual, or
(b)
another individual who is a party to the proceedings.”
      (3)
In subsection (5) (particular activities that may be required), in paragraph
(a)(i) and (ii) and in paragraph (b), for “contact with a child” substitute
“involvement in a child’s life”.
40
      (4)
In subsection (6) (activities which may not be required) for “a contact”
substitute “an”.
      (5)
In subsection (7) (court may not make contact activity direction on same
occasion as disposing of proceedings as they relate to contact)—
(a)
in paragraph (a) for “a contact activity direction” substitute “an
45
activity direction under subsection (2)”, and

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
121

(b)
in paragraph (b) for “contact with the child concerned” substitute
“the matters mentioned in subsection (1A) in connection with which
the activity direction is made”.
      (6)
After subsection (7) insert—
“(7A)
A court may not on the same occasion—
5
(a)
make an activity direction under subsection (2B), and
(b)
dispose finally of the proceedings as they relate to failure to
comply with the provision in connection with which the
activity direction is made.”
      (7)
In subsection (8) (limitations on power to make direction under subsection
10
(2)) for “Subsection (2)” substitute “Each of subsections (2) and (2B)”.
      (8)
In subsection (9) (welfare of child is paramount consideration in considering
whether to make contact activity direction) for “a contact” substitute “an”.
      (9)
In the title omit “Contact”.
8     (1)
Section 11B (further provision about contact activity directions) is amended
15
as follows.
      (2)
In subsection (1) (court may not make contact activity direction in
proceedings unless there is a dispute about contact)—
(a)
for “a contact activity direction in any proceedings” substitute “an
activity direction under section 11A(2) in connection with any matter
20
mentioned in section 11A(1A)”, and
(b)
for “about contact” substitute “about that matter”.
      (3)
In subsection (2) (contact activity direction may not require a child to take
part in an activity unless child is a parent of the child in relation to whom
court is considering contact)—
25
(a)
for “a contact” substitute “an”, and
(b)
for “about contact” substitute “about a matter mentioned in section
11A(1A)”.
      (4)
In subsection (3) (no contact activity direction to be made in connection with
contact order which is excepted order)—
30
(a)
for “a contact activity” substitute “an activity”, and
(b)
for “contact order”, in both places, substitute “child arrangements
order”.
      (5)
In subsection (4) (excepted orders) for “contact order” substitute “child
arrangements order”.
35
      (6)
In subsection (7) (no contact activity direction to be made unless individual
concerned is habitually resident in England and Wales) for “a contact”
substitute “an”.
      (7)
In the title omit “Contact”.
9     (1)
Section 11C (contact activity conditions) is amended as follows.
40
      (2)
In subsection (1) (section applies if court makes certain orders) for
paragraphs (a) and (b) substitute—
“(a)
a child arrangements order containing—

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
122

(i)
provision for a child to live with different persons at
different times,
(ii)
provision regulating arrangements relating to with
whom a child is to spend time or otherwise have
contact, or
5
(iii)
provision regulating arrangements relating to when a
child is to spend time or otherwise have contact with
any person; or
(b)
an order varying a child arrangements order so as to add,
vary or omit provision of a kind mentioned in paragraph
10
(a)(i), (ii) or (iii).”
      (3)
In subsection (2) (court may impose contact activity condition)—
(a)
for “contact order”, in both places, substitute “child arrangements
order”,
(b)
for “(a “contact activity condition”)” substitute “(an “activity
15
condition”)”, and
(c)
for “promotes contact with the child concerned.” substitute “would,
in the court’s opinion, help to establish, maintain or improve the
involvement in the life of the child concerned of—
(a)
that individual, or
20
(b)
another individual who is a party to the proceedings.”
      (4)
In subsection (3) (persons who may be required to take part in activities)—
(a)
in paragraph (a)—
(i)
for “contact order” substitute “child arrangements order”,
and
25
(ii)
for “the person” substitute “a person”, and
(b)
in paragraph (b) for “the person” substitute “a person”.
      (5)
In subsection (5) (particular activities that may be required) for “a contact”,
in both places, substitute “an”.
      (6)
In the title omit “Contact”.
30
10    (1)
Section 11D (further provision about contact activity conditions) is amended
as follows.
      (2)
In subsection (1) (contact activity condition may not be imposed on child
unless child is a parent of the child concerned)—
(a)
for “contact order” substitute “child arrangements order”, and
35
(b)
for “a contact activity” substitute “an activity”.
      (3)
In subsection (2) (excepted order may not impose contact activity
condition)—
(a)
for “contact order” substitute “child arrangements order”, and
(b)
for “a contact activity” substitute “an activity”.
40
      (4)
In subsection (3) (no contact activity condition to be imposed unless
individual concerned is habitually resident in England and Wales)—
(a)
for “contact order” substitute “child arrangements order”, and
(b)
for “a contact activity” substitute “an activity”.
      (5)
In the title omit “Contact”.
45

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
123

11    (1)
Section 11E (making of contact activity directions and conditions) is
amended as follows.
      (2)
In subsection (1) (court to satisfy itself of matters within subsections (2) to
(4))—
(a)
for “a contact activity”, in both places, substitute “an activity”, and
5
(b)
for “contact order” substitute “child arrangements order”.
      (3)
In subsection (8) (meaning of “specified”) for “a contact”, in both places,
substitute “an”.
      (4)
In the title omit “Contact”.
12    (1)
Section 11F (contact activity: financial assistance) is amended as follows.
10
      (2)
For “a contact activity”, in each place, substitute “an activity”.
      (3)
In subsections (2) and (4) (fee-assistance may be given in respect of persons
required to take part in activity that promotes contact) for “promotes contact
with” substitute “is expected to help to establish, maintain or improve the
involvement of that or another individual in the life of”.
15
      (4)
In the title omit “Contact”.
13    (1)
Section 11G (contact activity: monitoring) is amended as follows.
      (2)
In subsection (1) for “a contact activity”, in each place, substitute “an
activity”.
      (3)
In subsections (1) and (2) for “contact order”, in each place, substitute “child
20
arrangements order”.
      (4)
In the title omit “Contact”.
14    (1)
Section 11H (monitoring contact) is amended as follows.
      (2)
In subsection (1) (section applies if court makes or varies a contact order) for
paragraphs (a) and (b) substitute—
25
“(a)
a child arrangements order containing provision of a kind
mentioned in section 11C(1)(a)(i), (ii) or (iii), or
(b)
an order varying a child arrangements order so as to add,
vary or omit provision of any of those kinds.”
      (3)
In subsection (2)(a) (court may ask officer to monitor compliance) for “the
30
contact order (or the contact order as varied);” substitute “each provision of
any of those kinds that is contained in the child arrangements order (or in
the child arrangements order as varied);”.
      (4)
In subsection (3) (individuals whose compliance may be monitored)—
(a)
for “contact order”, in both places, substitute “child arrangements
35
order”, and
(b)
for paragraphs (a) and (b) (including the “or” at the end of paragraph
(b)) substitute—
“(za)
provides for the child concerned to live with different
persons at different times and names the individual
40
as one of those persons;
(a)
imposes requirements on the individual with regard
to the child concerned spending time or otherwise
having contact with some other person;

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
124

(b)
names the individual as a person with whom the
child concerned is to spend time or otherwise have
contact; or”.
      (5)
In subsection (4) (requests under subsection (2) not to relate to contact
activity conditions)—
5
(a)
for “contact order”, in both places, substitute “child arrangements
order”,
(b)
for “a contact activity” substitute “an activity”, and
(c)
for “the contact activity” substitute “the activity”.
      (6)
In subsection (5) (when court may make request under subsection (2))—
10
(a)
in paragraph (a) for “contact order”, in both places, substitute “child
arrangements order”, and
(b)
in paragraph (b) after “the child concerned” insert “or to the child’s
living arrangements”.
      (7)
In subsection (10) (request not to be made under subsection (2) if contact
15
order is an excepted order) for “contact” substitute “child arrangements”.
      (8)
In the title after “contact” insert “and shared residence”.
15
In section 11I (warning notices to be attached to contact orders and to orders
varying contact orders)—
(a)
for “contact”, in each place, substitute “child arrangements”, and
20
(b)
in the title for “Contact” substitute “Child arrangements”.
16    (1)
Section 11J (enforcement orders where contact order not complied with) is
amended as follows.
      (2)
In subsection (1) for “contact” substitute “child arrangements”.
      (3)
In subsection (2) for “the contact” substitute “a provision of the child
25
arrangements”.
      (4)
In subsection (3) for “contact order” substitute “provision”.
      (5)
In subsection (5)—
(a)
for “contact order”, in each place, substitute “child arrangements
order”,
30
(b)
in paragraphs (a) and (b) for “the person”, in each place, substitute “a
person”, and
(c)
in paragraph (c) for “a contact activity” substitute “an activity”.
      (6)
In subsection (6) for “contact” substitute “child arrangements”.
17    (1)
Section 11K (enforcement orders: further provisions) is amended as follows.
35
      (2)
In subsection (1) (enforcement order not to be made where notice not given
under section 11I)—
(a)
in the words before paragraph (a), for “contact order” substitute
“provision of a child arrangements order”,
(b)
in paragraph (a)—
40
(i)
for “a contact order that” substitute “a provision of a child
arrangements order where the order”, and
(ii)
for “the contact” substitute “the child arrangements”, and
(c)
in paragraph (b) for “contact” substitute “child arrangements”.

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
125

      (3)
In subsection (2) (enforcement order not to be made where person failed to
comply with contact order when under 18) for “contact” substitute
“provision of a child arrangements”.
      (4)
In subsection (3) (enforcement order not to be made where contact order is
an excepted order) for “contact order that” substitute “provision of a child
5
arrangements order where the child arrangements order”.
18    (1)
Section 11L (making of enforcement orders) is amended as follows.
      (2)
In subsection (1) (order must be necessary and its likely effect
proportionate)—
(a)
for “a contact” substitute “a provision of a child arrangements”,
10
(b)
in paragraph (a) for “contact”, in each place, substitute “child
arrangements”, and
(c)
in paragraph (b) omit “of the contact order”.
      (3)
In subsection (3) for “contact” substitute “provision of a child
arrangements”.
15
      (4)
In subsection (7) for “contact”, in both places, substitute “child
arrangements”.
19    (1)
Section 11O (compensation for financial loss arising from breach of contact
order) is amended as follows.
      (2)
In subsection (1) for “contact” substitute “child arrangements”.
20
      (3)
In subsection (2)(a) for “the contact” substitute “a provision of the child
arrangements”.
      (4)
In subsection (3) for “contact” substitute “particular provision of the child
arrangements”.
      (5)
In subsection (6)—
25
(a)
for “contact order”, in each place, substitute “child arrangements
order”,
(b)
in paragraphs (a) and (b) for “the person”, in each place, substitute “a
person”, and
(c)
in paragraph (c) for “a contact activity” substitute “an activity”.
30
20    (1)
Section 11P (compensation orders under section 11O(2): further provision)
is amended as follows.
      (2)
In subsection (1) (compensation not to be ordered where notice not given
under section 11I)—
(a)
in the words before paragraph (a), for “contact order” substitute
35
“provision of a child arrangements order”,
(b)
in paragraph (a)—
(i)
for “a contact order that” substitute “a provision of a child
arrangements order where the order”, and
(ii)
for “the contact” substitute “the child arrangements”, and
40
(c)
in paragraph (b) for “contact” substitute “child arrangements”.
      (3)
In subsection (2) (compensation not to be ordered where person failed to
comply with contact order when under 18) for “contact” substitute
“provision of a child arrangements”.