|
| |
|
(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 |
| |
| 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— |
| |
| |
(a) | the court makes a child arrangements order with respect to a |
| 10 |
| |
(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. |
| |
| 20 |
(a) | the court makes a child arrangements order with respect to a |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(3) | In subsection (2) (residence order in favour of person other than parent or |
| |
| |
(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— |
| |
|
| |
|
| |
|
(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 |
| |
| 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)— |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(a) | in paragraph (a) for “contact order” substitute “child arrangements |
| |
order containing contact provision”, |
| |
| |
(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 |
| |
| |
“(d) | where an activity direction has been made— |
| |
(i) | in proceedings for the making, variation or |
| 10 |
discharge of a child arrangements order with |
| |
| |
(ii) | in other proceedings that relate to such an |
| |
| |
| 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 |
| |
| 20 |
(b) | when a child is to spend time or otherwise have contact with |
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
(b) | when a child is to spend time or otherwise have contact with |
| |
| 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, |
| |
|
| |
|
| |
|
that agreement overrides objections of a person with parental responsibility) |
| |
| |
“(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 |
| |
| |
(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 |
| |
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 |
| |
(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.” |
| |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| 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) |
| |
| |
“(d) | any person named in a child arrangements order as a person |
| |
with whom the child is to spend time or otherwise have |
| 15 |
| |
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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
“activity direction” has the meaning given by section |
| |
| |
(b) | at the appropriate place insert— |
| |
“child arrangements order” has the meaning given by |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
|
| |
|
| |
|
include, arrangements which relate to either or both of the |
| |
| |
(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 |
| |
| |
(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 |
| |
| 15 |
| |
Amendments in other legislation |
| |
Marriage Act 1949 (c. 76) |
| |
42 (1) | Section 3 of the Marriage Act 1949 (marriage of persons under 18) is |
| |
| 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 |
| |
| 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 |
| |
| |
(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) |
| |
| |
“(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 |
|
| |
|