Children and Families Bill (HL Bill 59)

(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
activity direction under subsection (2)”, and

(b) 5in 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—

(a) 10make 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
15(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
20as 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
25mentioned 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)—

(a) 30for “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)—

(a) 35for “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”.

(6) 40In 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.

(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
5different times,

(ii) provision regulating arrangements relating to with
whom a child is to spend time or otherwise have
contact, or

(iii) provision regulating arrangements relating to when a
10child 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
(a)(i), (ii) or (iii).”

(3) 15In 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
condition”)”, and

(c) 20for “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

(b) another individual who is a party to the proceedings.”

(4) 25In 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

(ii) for “the person” substitute “a person”, and

(b) 30in 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”.

10 (1) Section 11D (further provision about contact activity conditions) is amended
35as 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

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

(3) 40In 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”.

(4) In subsection (3) (no contact activity condition to be imposed unless
45individual 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”.

11 (1) Section 11E (making of contact activity directions and conditions) is
amended as follows.

(2) 5In 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

(b) for “contact order” substitute “child arrangements order”.

(3) In subsection (8) (meaning of “specified”) for “a contact”, in both places,
10substitute “an”.

(4) In the title omit “Contact”.

12 (1) Section 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
15required 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”.

(4) In the title omit “Contact”.

13 (1) Section 11G (contact activity: monitoring) is amended as follows.

(2) 20In 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
arrangements order”.

(4) In the title omit “Contact”.

14 (1) 25Section 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—

“(a) a child arrangements order containing provision of a kind
mentioned in section 11C(1)(a)(i), (ii) or (iii), or

(b) 30an 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
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
35the 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
order”, and

(b) for paragraphs (a) and (b) (including the “or” at the end of paragraph
40(b)) substitute—

“(za) provides for the child concerned to live with different
persons 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
5child 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)—

(a) for “contact order”, in both places, substitute “child arrangements
10order”,

(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))—

(a) in paragraph (a) for “contact order”, in both places, substitute “child
15arrangements 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
order is an excepted order) for “contact” substitute “child arrangements”.

(8) 20In 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

(b) in the title for “Contact” substitute “Child arrangements”.

16 (1) 25Section 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
arrangements”.

(4) 30In subsection (3) for “contact order” substitute “provision”.

(5) In subsection (5)—

(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
35person”, 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.

(2) In subsection (1) (enforcement order not to be made where notice not given
40under section 11I)—

(a) in 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) for “the contact” substitute “the child arrangements”, and

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

(3) 5In 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
10arrangements 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”,

(b) 15in 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”.

(4) 20In 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”.

(3) 25In 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)—

(a) 30for “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”.

20 (1) 35Section 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
40“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

(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) 5In 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.

(2) 10For 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
15child,

(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

(c) 20the 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—

(a) 25the 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
30whom 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,

35the 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
40section 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”
45substitute “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”.

(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
5child 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,

the court may provide in the order for the person to have parental
responsibility for the child while paragraphs (a) and (b) continue to
10be met in the person’s case.”

(5) In subsection (3) (limits on parental responsibility given by subsection (2))
after “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
15residence order remains in force)—

(a) omit “or (1A)”,

(b) for “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
20for 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
from jurisdiction) is amended as follows.

(2) In subsection (1) (new surname or removal from UK requires consent of all
25with 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
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
30arrangements 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
order to which subsection (4) applies,”.

(5) After subsection (3) insert—

“(4) 35This 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.”

23 40Omit 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
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) 5in paragraph (c)—

(i) for “a contact order” substitute “provision contained in a
child arrangements order”, and

(ii) for “that contact order” substitute “that provision”, and

(c) for paragraph (d) (whether contact activity direction should be
10discharged) substitute—

“(d) where an activity direction has been made—

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

(ii) 15in other proceedings that relate to such an
order,

that direction should be discharged.”

(3) After subsection (1) insert—

“(1A) In subsection (1) “contact provision” means provision which
20regulates 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;

25but 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.”

26 In section 14D(1) (persons eligible to apply for variation or discharge of
special guardianship order), in paragraph (c) for the words after
30“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.

(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”
35substitute “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
and assistance as to contact where contact order in force) for “a contact
order” substitute “contact provision contained in a child arrangements
40order”.

(4) After subsection (4A) insert—

“(4B) In subsection (4A) “contact provision” means provision which
regulates arrangements relating to—

(a) with whom a child is to spend time or otherwise have
45contact, or

(b) when a child is to spend time or otherwise have contact with
any 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,
that agreement overrides objections of a person with parental responsibility)
substitute—

“(a) 5who 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
before care order was made, local authority may arrange for the child to live
with that person)—

(a) 10for “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
was to live”.

30 In section 23(4) (persons not referred to as local authority foster parents), in
15paragraph (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
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
20in 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
person named in the child arrangements order as a person with
whom the child was to live”.

32 (1) 25Section 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)
for “residence order with respect to” substitute “child arrangements order
with respect to the living arrangements of”.

(3) 30After 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
if the arrangements regulated by the order consist of, or include,
arrangements which relate to either or both of the following—

(a) 35with 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
amended as follows.

(2) In subsection (6)(e) and (h)(ii) (which refer to the making of a residence
40order) for “residence order with respect to” substitute “child arrangements
order with respect to the living arrangements of”.

(3) After subsection (6A) insert—

“(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
45arrangements 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.”

34 In section 43(11) (persons to be given notice of application for child
assessment order) for paragraph (d) substitute—

“(d) 5any person named in a child arrangements order as a person
with whom the child is to spend time or otherwise have
contact;”.

(d) 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
10with whom the child is to spend time or otherwise have
contact;”.

(d) 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
15contact;”.

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”.

(3) 20After 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—

(a) 25with 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

(b) 30for “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—

“(10A) 35Subsection (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.

(2) 40In subsection (1) (definitions)—