Children and Families Bill

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Children and Families Bill

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
126

      (4)
In subsection (3) (compensation not to be ordered where contact order is an
excepted order) for “contact order that” substitute “provision of a child
arrangements order where the child arrangements order”.
21    (1)
Section 12 (residence orders and parental responsibility) is amended as
follows.
5
      (2)
For subsections (1) and (1A) (court making residence order in favour of
father without parental responsibility is also to make order giving parental
responsibility to the father) substitute—
“(1)
Where—
(a)
the court makes a child arrangements order with respect to a
10
child,
(b)
the father of the child, or a woman who is a parent of the child
by virtue of section 43 of the Human Fertilisation and
Embryology Act 2008, is named in the order as a person with
whom the child is to live, and
15
(c)
the father, or the woman, would not otherwise have parental
responsibility for the child,

the court must also make an order under section 4 giving the father,
or under section 4ZA giving the woman, that responsibility.
(1A)
Where—
20
(a)
the court makes a child arrangements order with respect to a
child,
(b)
the father of the child, or a woman who is a parent of the child
by virtue of section 43 of the Human Fertilisation and
Embryology Act 2008, is named in the order as a person with
25
whom the child is to spend time or otherwise have contact
but is not named in the order as a person with whom the
child is to live, and
(c)
the father, or the woman, would not otherwise have parental
responsibility for the child,
30

the court must decide whether it would be appropriate, in view of
the provision made in the order with respect to the father or the
woman, for him or her to have parental responsibility for the child
and, if it decides that it would be appropriate for the father or the
woman to have that responsibility, must also make an order under
35
section 4 giving him, or under section 4ZA giving her, that
responsibility.”
      (3)
In subsection (2) (residence order in favour of person other than parent or
guardian)—
(a)
for “residence order in favour of any person who is not the”
40
substitute “child arrangements order and a person who is not a”,
(b)
after “concerned” insert “is named in the order as a person with
whom the child is to live,”, and
(c)
for “residence order remains in force” substitute “order remains in
force so far as providing for the child to live with that person”.
45
      (4)
After subsection (2) insert—
“(2A)
Where the court makes a child arrangements order and—

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
127

(a)
a person who is not the parent or guardian of the child
concerned is named in the order as a person with whom the
child is to spend time or otherwise have contact, but
(b)
the person is not named in the order as a person with whom
the child is to live,
5

the court may provide in the order for the person to have parental
responsibility for the child while paragraphs (a) and (b) continue to
be met in the person’s case.”
      (5)
In subsection (3) (limits on parental responsibility given by subsection (2))
after “subsection (2)” insert “or (2A)”.
10
      (6)
In subsection (4) (where order giving parental responsibility was made in
compliance with subsection (1) or (1A), order not to be revoked while
residence order remains in force)—
(a)
omit “or (1A)”,
(b)
for “in respect of the” substitute “in respect of a”, and
15
(c)
for “residence order concerned remains in force” substitute “child
arrangements order concerned remains in force so far as providing
for the child to live with that parent”.
      (7)
In the title for “Residence” substitute “Child arrangements”.
22    (1)
Section 13 (effect of residence order on change of child’s name or removal
20
from jurisdiction) is amended as follows.
      (2)
In subsection (1) (new surname or removal from UK requires consent of all
with parental responsibility or leave of court) for “residence order”
substitute “child arrangements order to which subsection (4) applies”.
      (3)
In subsection (2) (child may be removed from UK for up to 1 month by
25
person in whose favour residence order is made) for “the person in whose
favour the residence order is made” substitute “a person named in the child
arrangements order as a person with whom the child is to live”.
      (4)
In subsection (3) (court’s leave may be given in making a residence order)
for “residence order with respect to a child” substitute “child arrangements
30
order to which subsection (4) applies,”.
      (5)
After subsection (3) insert—
“(4)
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—
35
(a)
with whom the child concerned is to live, and
(b)
when the child is to live with any person.”
23
Omit section 14 (enforcement of residence orders in magistrates’ courts).
24
In section 14A(5) (persons eligible to apply for special guardianship order),
in paragraph (b) for the words after “individual” substitute “who is named
40
in a child arrangements order as a person with whom the child is to live;”.
25    (1)
Section 14B (making of special guardianship orders) is amended as follows.
      (2)
In subsection (1) (matters for court to consider before making special
guardianship order)—

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
128

(a)
in paragraph (a) for “contact order” substitute “child arrangements
order containing contact provision”,
(b)
in paragraph (c)—
(i)
for “a contact order” substitute “provision contained in a
child arrangements order”, and
5
(ii)
for “that contact order” substitute “that provision”, and
(c)
for paragraph (d) (whether contact activity direction should be
discharged) substitute—
“(d)
where an activity direction has been made—
(i)
in proceedings for the making, variation or
10
discharge of a child arrangements order with
respect to the child, or
(ii)
in other proceedings that relate to such an
order,

that direction should be discharged.”
15
      (3)
After subsection (1) insert—
“(1A)
In subsection (1) “contact provision” means provision which
regulates arrangements relating to—
(a)
with whom a child is to spend time or otherwise have
contact, or
20
(b)
when a child is to spend time or otherwise have contact with
any person;

but in paragraphs (a) and (b) a reference to spending time or
otherwise having contact with a person is to doing that otherwise
than as a result of living with the person.”
25
26
In section 14D(1) (persons eligible to apply for variation or discharge of
special guardianship order), in paragraph (c) for the words after
“individual” substitute “who is named in a child arrangements order as a
person with whom the child is to live;”.
27    (1)
Section 16 (family assistance orders) is amended as follows.
30
      (2)
In subsection (2)(b) (persons may be named in order if child lives with them
or if contact order in their favour is in force) for the words after “living or”
substitute “who is named in a child arrangements order as a person with
whom the child is to live, spend time or otherwise have contact”.
      (3)
In subsection (4A) (family assistance order may direct officer to give advice
35
and assistance as to contact where contact order in force) for “a contact
order” substitute “contact provision contained in a child arrangements
order”.
      (4)
After subsection (4A) insert—
“(4B)
In subsection (4A) “contact provision” means provision which
40
regulates arrangements relating to—
(a)
with whom a child is to spend time or otherwise have
contact, or
(b)
when a child is to spend time or otherwise have contact with
any person.”
45
28
For section 20(9)(a) (if accommodation under section 20 provided for child
with agreement of person in whose favour a residence order has been made,

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
129

that agreement overrides objections of a person with parental responsibility)
substitute—
“(a)
who is named in a child arrangements order as a person with
whom the child is to live;”.
29
In section 22C(3)(c) (where residence order in favour of a person was in force
5
before care order was made, local authority may arrange for the child to live
with that person)—
(a)
for “a residence order” substitute “a child arrangements order”, and
(b)
for “in whose favour the residence order was made” substitute
“named in the child arrangements order as a person with whom C
10
was to live”.
30
In section 23(4) (persons not referred to as local authority foster parents), in
paragraph (c) for the words from “a residence order” to the end substitute “a
child arrangements order in force with respect to the child immediately
before the care order was made, a person named in the child arrangements
15
order as a person with whom the child was to live.”
31
In section 34(1)(c) (child in care to be allowed reasonable contact with person
in whose favour residence order was in force before care order was made)—
(a)
for “residence” substitute “child arrangements”, and
(b)
for “the person in whose favour the order was made” substitute “any
20
person named in the child arrangements order as a person with
whom the child was to live”.
32    (1)
Section 38 (interim care or supervision orders) is amended as follows.
      (2)
In subsection (3) (interim supervision order to be made in certain cases
where residence order made in proceedings for a care or supervision order)
25
for “residence order with respect to” substitute “child arrangements order
with respect to the living arrangements of”.
      (3)
After subsection (3) insert—
“(3A)
For the purposes of subsection (3), a child arrangements order is one
made with respect to the living arrangements of the child concerned
30
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 is to live, and
(b)
when the child is to live with any person.”
33    (1)
Section 41 (representation of child: meaning of “specified proceedings”) is
35
amended as follows.
      (2)
In subsection (6)(e) and (h)(ii) (which refer to the making of a residence
order) for “residence order with respect to” substitute “child arrangements
order with respect to the living arrangements of”.
      (3)
After subsection (6A) insert—
40
“(6B)
For the purposes of subsection (6), a child arrangements order is one
made with respect to the living arrangements of a child 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 is to live, and
45
(b)
when the child is to live with any person.”

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
130

34
In section 43(11) (persons to be given notice of application for child
assessment order) for paragraph (d) substitute—
“(d)
any person named in a child arrangements order as a person
with whom the child is to spend time or otherwise have
contact;”.
5
35
In section 44(13) (persons to be allowed reasonable contact with child where
emergency protection order made) for paragraph (d) substitute—
“(d)
any person named in a child arrangements order as a person
with whom the child is to spend time or otherwise have
contact;”.
10
36
In section 46(10) (persons to be allowed reasonable contact with child in
police protection where that is in child’s best interests) for paragraph (d)
substitute—
“(d)
any person named in a child arrangements order as a person
with whom the child is to spend time or otherwise have
15
contact;”.
37    (1)
Section 91 (effect and duration of orders etc.) is amended as follows.
      (2)
In subsection (1) (making of residence order discharges care order) for
“residence order with respect to” substitute “child arrangements order with
respect to the living arrangements of”.
20
      (3)
After subsection (1) insert—
“(1A)
For the purposes of subsection (1), a child arrangements order is one
made with respect to the living arrangements of a child if the
arrangements regulated by the order consist of, or include,
arrangements which relate to either or both of the following—
25
(a)
with whom the child is to live, and
(b)
when the child is to live with any person.”
      (4)
In subsection (2A) (making of care order discharges contact activity
direction)—
(a)
for “a contact” substitute “an”, and
30
(b)
for “as regards contact with” substitute “with respect to”.
      (5)
In subsection (10) (section 8 order other than residence order ceases to have
effect when child turns 16 unless it is to have effect beyond that age by virtue
of section 9(6)) omit “other than a residence order”.
      (6)
After subsection (10) insert—
35
“(10A)
Subsection (10) does not apply to provision in a child arrangements
order which regulates arrangements relating to—
(a)
with whom a child is to live, or
(b)
when a child is to live with any person.”
38    (1)
Section 105 (interpretation) is amended as follows.
40
      (2)
In subsection (1) (definitions)—
(a)
before the definition of “adoption agency” insert—
““activity condition” has the meaning given by section
11C;

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
131

“activity direction” has the meaning given by section
11A;”,
(b)
at the appropriate place insert—
“child arrangements order” has the meaning given by
section 8(1);”, and
5
(c)
omit the definition of “contact activity condition”, the definition of
“contact activity direction”, the definition of “contact order” and the
definition of “residence order”.
      (3)
Omit subsection (3) (interpretation of certain references relating to residence
orders).
10
39    (1)
Schedule A1 (enforcement orders) is amended as follows.
      (2)
In paragraphs 4(1), 5(1), 6(1), 7(1), 8(1) and 9(1) and (11)(a) for “contact”
substitute “provision of a child arrangements”.
      (3)
In paragraphs 4(2)(c), (4)(b) and (5), 6(3) and 9(6) and (10)(a) for “contact”, in
each place, substitute “child arrangements”.
15
      (4)
In paragraph 9(5) for “the contact” substitute “a provision of the child
arrangements”.
      (5)
In paragraph 9(10)(b) for “contact order and” substitute “provisions of the
child arrangements order and with”.
40    (1)
Schedule 1 (financial provision for children) is amended as follows.
20
      (2)
In paragraph 1 (power of court to make orders on application of parent,
guardian, special guardian or person in whose favour residence order in
force)—
(a)
in sub-paragraph (1) for the words from “in whose favour” to “to a
child” substitute “who is named in a child arrangements order as a
25
person with whom a child is to live”,
(b)
in sub-paragraph (6)—
(i)
omit “a residence order or”, and
(ii)
after “special guardianship order” insert “, or on making,
varying or discharging provision in a child arrangements
30
order with respect to the living arrangements of a child,” and
(c)
after sub-paragraph (6) insert—
   “(6A)
For the purposes of sub-paragraph (6) provision in a child
arrangements order is with respect to the living
arrangements of a child if it regulates arrangements
35
relating to—
(a)
with whom the child is to live, or
(b)
when the child is to live with any person.”
      (3)
In paragraph 8 (circumstances in which court may revoke financial relief
order under other enactment)—
40
(a)
in sub-paragraph (1) for “residence order” substitute “child
arrangements order to which sub-paragraph (1A) applies”, and
(b)
after sub-paragraph (1) insert—
   “(1A)
This sub-paragraph applies to a child arrangements order
if the arrangements regulated by the order consist of, or
45

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 2 — Amendments in other legislation
132

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.”, and
(c)
in sub-paragraph (2)(b)—
5
(i)
after “any person” insert “who is named in a child
arrangements order as a person with whom the child is to live
or”, and
(ii)
omit “a residence order or”.
      (4)
In paragraph 15 (local authority may contribute to maintenance of child
10
living with person as a result of residence order) for “residence order”
substitute “child arrangements order”.
41
In Schedule 14, omit paragraph 10 (certain orders made under legislation
repealed by the Children Act 1989 to be enforceable under section 14 of that
Act).
15
Part 2
Amendments in other legislation
Marriage Act 1949 (c. 76)
42    (1)
Section 3 of the Marriage Act 1949 (marriage of persons under 18) is
amended as follows.
20
      (2)
In subsection (1A) (persons whose consent is required), in each of
paragraphs (d) and (h), for “residence order” substitute “child arrangements
order to which subsection (1C) applies”.
      (3)
In subsection (1B) (interpretation) for ““residence order”,” substitute ““child
arrangements order”,”.
25
      (4)
After that subsection insert—
“(1C)
A child arrangements order is one to which this subsection applies if
the order regulates arrangements that consist of, or include,
arrangements which relate to either or both of the following—
(a)
with whom the child is to live, and
30
(b)
when the child is to live with any person.”
Children and Young Persons Act 1969 (c. 54)
43    (1)
Section 70 of the Children and Young Persons Act 1969 (interpretation) is
amended as follows.
      (2)
In subsection (1A) (“father” includes father not married at child’s birth to
35
child’s mother if there is residence order in father’s favour) for paragraph (b)
substitute—
“(b)
whose father is named in a child arrangements order as a
person with whom the child or young person is to live,”.
      (3)
In subsection (1B) for ““residence” substitute ““child arrangements”.
40