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(2) If there is no residence order in favour of either parent, the court may grant a recovery order.

(3) The recovery order will require both parties to attend court within 24 hours of the discovery of the child, or the first working day thereafter.

(4) 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 whether either party has committed acts of violence;

 
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(b) check to see whether 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.

(5) 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—

(a) not remove the child from the respondent;

(b) advise the respondent to seek legal representation;

(c) notify the court of their action immediately.

(6) 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.

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

New clause 18—Use of recovery orders in cases involving either allegations of domestic violence or a potential risk to the child—

'In Part I of the Family Law Act 1986 (c.55) (child custody), after section 34 insert—

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

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

(2) If there is no residence order in favour of either parent, the court may grant a recovery order.

(3) The recovery order will require both parties to attend court within 24 hours of the discovery of the child, or the first working day thereafter.

(4) 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 whether either party has committed acts of violence;

(b) check to see whether 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.

(5) 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—

(a) not remove the child from the respondent;

(b) advise the respondent to seek legal representation;

(c) notify the court of their action immediately.

(6) If records show that the respondent has a history of violence and the applicant has no history of violence, the police will return the child to the applicant and notify the court.

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

(8) If records show that both the applicant and the respondent have a history of violence, the police will immediately seek further instructions from the court and, if necessary, take appropriate steps to protect the child.

(9) The court shall not grant interim residence or contact orders unless there is evidence that a party is wilfully refusing to attend court.

(10) The court shall not disclose the address of a women's refuge publicly or give this information to any applicant or respondent or to their legal representatives.".'.

New clause 19—Parental contact with children after separation in cases involving ill-treatment of the child or another person (No.2)—

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

"Section 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 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(1), 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.".'.

New clause 20—Mandatory risk assessment checklist—

'After section 8 in Part II of the Children Act 1989 and following the proposed section 8A outlined above insert—

"Section 8B (Mandatory risk assessment checklist)

8B(1) When determining whether the child will be safe if contact or residence is granted to the abusive party, the Court shall, so far as is practicable, have regard to the following matters—

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