Amendments proposed to the Domestic Violence, Crime and Victims Bill [Lords]- continued	House of Commons
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Parental contact with children after separation in cases involving ill-treatment of the child or another person (No. 1)

   

Mr Hilton Dawson
Vera Baird
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown

Ann Keen

Julie Morgan

NC33

To move the following Clause:—

       After section 8 in Part II of the Children Act 1989 insert—

    "(8A)             Allegations of ill-treatment made in section 8 proceedings

    (1)   Where it is alleged that a party to the proceedings has inflicted ill-treatment on the child or on another person, the Court shall, as soon as practicable, determine on the basis of the evidence presented to it by or on behalf of the parties to the proceedings, whether the allegation of ill-treatment is proved.

    (2)   Where the Court is satisfied that a party to the proceedings (in this section referred to as the abusive party) has inflicted ill-treatment on the child or on another person, the Court shall not

(a)	make any order granting the abusive party residence of the child; or

(b)	make any order granting the abusive party contact (other than supervised contact) with that child, unless the child wants to see the abusive party and the Court is satisfied that the child will be safe while the abusive party has residence of or contact with the child.

    (3)   Notwithstanding subsection 8A(i), where in any section 8 proceedings,

(a)	the court is unable to determine on the basis of the evidence presented to it by or on behalf of the parties to the proceedings whether or not an allegation of ill-treatment is proved; but

(b)	the Court is satisfied that there is a risk of harm to the child, the Court may make any order under this Act that it considers necessary to protect the child.".'.

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Recovery orders in cases involving allegations of domestic violence or potential risk to the child

   

Mr Hilton Dawson
Vera Baird
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown

Ann Keen

NC34

To move the following Clause:—

       'After section 34 of the Family Law Act 1986 insert—

    "34A   The use of recovery orders in cases involving allegations of domestic violence or a potential risk to the child

    (1)   If an applicant claims that his partner has abducted a child of the family, the court may grant a recovery order if the applicant already has a residence order in his name.

    (2)   If there is no residence order in favour of either parent, the court may grant a recovery order. An order under subsection (2) will require both parties to attend court within 24 hours of the discovery of the child, or the first working day thereafter, in this instance, before returning the child to the applicant or giving the applicant any information as to the whereabouts of the child, the police must—

(a)	check their records to see if either party has committed acts of violence;

(b)	check to see if either party is included on the register of domestic violence perpetrators;

(c)	having located the child without notifying the applicant of the child's whereabouts, make enquiries with regard to the child's welfare.

    (3)   Following the award of an order under subsection (2)—

(a)	If records show that the applicant has a history of violence or the police have concerns about the welfare of the child if the child is returned to the applicant, the police will—

(i)	not remove the child from the respondent

(ii)	and advise the respondent to seek legal representation

(iii)

notify the court of their action immediately,

(b)	If there is no record of violence and no reason to believe that the defendant or the child is at risk, the police will return the child to the applicant.

    (4)   Ex parte residence or contact orders should only be made if there is evidence that a party is wilfully refusing to attend court".'.

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ORDER OF THE HOUSE [14th JUNE 2004]

That the following provisions shall apply to the Domestic Violence, Crime and Victims Bill [Lords]:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 6th July 2004.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day.

    6.   Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further message from the Lords) may be programmed.

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ORDER OF THE COMMITTEE [22nd JUNE 2004]

That—

    (1)   during proceedings on the Domestic Violence, Crime and Victims Bill [Lords] the Standing Committee shall meet on Tuesdays and Thursdays at 9.10 a.m. and 2.30 p.m.;

    (2)   10 sittings shall be allotted to the consideration of the Bill in Committee;

    (3)   the proceedings shall be taken in the following order: Clauses 1 to 16, Schedule 1, Clause 17, Schedule 2, Clauses 18 to 20, Schedule 3, Clauses 21 to 24, Schedule 4, Clause 25, Schedule 5, Clauses 26 to 30, Schedule 6, Clauses 31 to 34, Schedules 7 and 8, Clause 35, Schedule 9, Clauses 36 to 39, New Clauses, New Schedules, remaining proceedings on the Bill;

    (4)   proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 6.55 p.m. on Tuesday 6th July 2004.

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Prepared 24 Jun 2004