Children and Families Bill (HC Bill 5)

(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) 5with whom the child concerned is to live, and

(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) 10for “the order.” substitute “provisions of the order regulating
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
15have contact with any person.”

(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) 20After subsection (7A) insert—

“(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) 25when the child is to live with any person.”

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) 30In subsection (5) (residence order ceases to have effect where parents resume
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) 35in the words after paragraph (b) for “residence order” substitute
“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”
40substitute “A child arrangements order made with respect to a child, so far
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
45section 8 order)—

(a) for sub-paragraph (i) (person in whose favour the order is made)

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) 5in sub-paragraph (ii) omit “concerned”.

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
10matters mentioned in subsection (1A) by making—

(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) 15The matters mentioned in this subsection are—

(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) 20when a child is to spend time or otherwise have contact with
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
25not apply and in which the court is considering—

(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) 30The court may make an activity direction in connection with that
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
35the involvement in the life of the child concerned of—

(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
40“involvement in a child’s life”.

(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) 45in paragraph (a) for “a contact activity direction” substitute “an
activity direction under subsection (2)”, and

(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) 5A court may not on the same occasion—

(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) 10In subsection (8) (limitations on power to make direction under subsection
(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) 15Section 11B (further provision about contact activity directions) is amended
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
20activity direction under section 11A(2) in connection with any matter
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
25court is considering contact)—

(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
30contact order which is excepted order)—

(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
35arrangements order”.

(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) 40Section 11C (contact activity conditions) is amended as follows.

(2) In subsection (1) (section applies if court makes certain orders) for
paragraphs (a) and (b) substitute—

“(a) a child arrangements order containing—

(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
5contact, or

(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,
10vary or omit provision of a kind mentioned in paragraph
(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) 15for “(a “contact activity condition”)” substitute “(an “activity
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) 20that individual, or

(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”,
25and

(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) 30In the title omit “Contact”.

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) 35for “contact order” substitute “child arrangements order”, and

(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) 40for “a contact activity” substitute “an activity”.

(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) 45In the title omit “Contact”.

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) 5for “a contact activity”, in both places, substitute “an activity”, and

(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) 10Section 11F (contact activity: financial assistance) is amended as follows.

(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
15involvement of that or another individual in the life of”.

(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) 20In subsections (1) and (2) for “contact order”, in each place, substitute “child
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
25paragraphs (a) and (b) substitute—

“(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) 30In subsection (2)(a) (court may ask officer to monitor compliance) for “the
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) 35for “contact order”, in both places, substitute “child arrangements
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
40persons at different times and names the individual
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;

(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
5activity conditions)—

(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) 10In subsection (5) (when court may make request under subsection (2))—

(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) 15In subsection (10) (request not to be made under subsection (2) if contact
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) 20for “contact”, in each place, substitute “child arrangements”, and

(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) 25In subsection (2) for “the contact” substitute “a provision of the child
arrangements”.

(4) In subsection (3) for “contact order” substitute “provision”.

(5) In subsection (5)—

(a) for “contact order”, in each place, substitute “child arrangements
30order”,

(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) 35Section 11K (enforcement orders: further provisions) is amended as follows.

(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) 40in 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

(c) in paragraph (b) for “contact” substitute “child arrangements”.

(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
5an excepted order) for “contact order that” substitute “provision of a child
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) 10for “a contact” substitute “a provision of a child arrangements”,

(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
15arrangements”.

(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) 20In subsection (1) for “contact” substitute “child arrangements”.

(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) 25In subsection (6)—

(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) 30in paragraph (c) for “a contact activity” substitute “an activity”.

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) 35in the words before paragraph (a), for “contact order” substitute
“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) 40for “the contact” substitute “the child arrangements”, and

(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”.

(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
5follows.

(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) 10the 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
15whom the child is to live, and

(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) 20Where—

(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
25Embryology Act 2008, is named in the order as a person with
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
30responsibility for the child,

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
35woman to have that responsibility, must also make an order under
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) 40for “residence order in favour of any person who is not the”
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
45force so far as providing for the child to live with that person”.

(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
5the child is to live,

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))
10after “subsection (2)” insert “or (2A)”.

(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) 15for “in respect of the” substitute “in respect of a”, and

(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) 20Section 13 (effect of residence order on change of child’s name or removal
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) 25In subsection (2) (child may be removed from UK for up to 1 month by
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)
30for “residence order with respect to a child” substitute “child arrangements
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,
35arrangements 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.”

23 Omit section 14 (enforcement of residence orders in magistrates’ courts).

24 In section 14A(5) (persons eligible to apply for special guardianship order),
40in paragraph (b) for the words after “individual” substitute “who is named
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)—

(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
5child arrangements order”, and

(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) 10in proceedings for the making, variation or
discharge of a child arrangements order with
respect to the child, or

(ii) in other proceedings that relate to such an
order,

15that direction should be discharged.”

(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
20contact, or

(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
25than as a result of living with the person.”

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) 30Section 16 (family assistance orders) is amended as follows.

(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) 35In subsection (4A) (family assistance order may direct officer to give advice
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) 40In subsection (4A) “contact provision” means provision which
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
45any person.”

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,