Children and Adoption Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Children and Adoption Bill [HL]

Children and Adoption Bill [HL]
Part 1 — Orders with respect to children in family proceedings
1

[NOTE: The words marked in bold type were inserted by the Lords to avoid
questions of privilege.]
A
Bill
To
Make provision as regards contact with children; to make provision as regards
family assistance orders; to make provision about risk assessments; to make
provision as regards adoptions with a foreign element; and for connected
purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Orders with respect to children in family proceedings
Contact with children
1
Contact activity directions and conditions
After section 11 of the Children Act 1989 (c. 41) insert—
5
“11A
Contact activity directions
(1)
This section applies in proceedings in which the court is considering
whether to make provision about contact with a child by making—
(a)
a contact order with respect to the child, or
(b)
an order varying or discharging a contact order with respect to
10
the child.
(2)
The court may make a contact activity direction in connection with that
provision about contact.
(3)
A contact activity direction is a direction requiring an individual who
is a party to the proceedings to take part in an activity that promotes
15
contact with the child concerned.
(4)
The direction is to specify the activity and the person providing the
activity.

Bill 96 54/1

Children and Adoption Bill [HL]
Part 1 — Orders with respect to children in family proceedings
2

(5)
The activities that may be so required include, in particular—
(a)
programmes, classes and counselling or guidance sessions of a
kind that—
(i)
may assist a person as regards establishing, maintaining
or improving contact with a child;
5
(ii)
may, by addressing a person’s violent behaviour, enable
or facilitate contact with a child;
(b)
sessions in which information or advice is given as regards
making or operating arrangements for contact with a child,
including making arrangements by means of mediation.
10
(6)
No individual may be required by a contact activity direction—
(a)
to undergo medical or psychiatric examination, assessment or
treatment;
(b)
to take part in mediation.
(7)
A court may not on the same occasion—
15
(a)
make a contact activity direction, and
(b)
dispose finally of the proceedings as they relate to contact with
the child concerned.
(8)
Subsection (2) has effect subject to the restrictions in sections 11B and
11E.
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(9)
In considering whether to make a contact activity direction, the welfare
of the child concerned is to be the court’s paramount consideration.
11B
Contact activity directions: further provision
(1)
A court may not make a contact activity direction in any proceedings
unless there is a dispute as regards the provision about contact that the
25
court is considering whether to make in the proceedings.
(2)
A court may not make a contact activity direction requiring an
individual who is a child to take part in an activity unless the individual
is a parent of the child in relation to whom the court is considering
provision about contact.
30
(3)
A court may not make a contact activity direction in connection with
the making, variation or discharge of a contact order, if the contact
order is, or would if made be, an excepted order.
(4)
A contact order with respect to a child is an excepted order if—
(a)
it is made in proceedings that include proceedings on an
35
application for a relevant adoption order in respect of the child;
or
(b)
it makes provision as regards contact between the child and a
person who would be a parent or relative of the child but for the
child’s adoption by an order falling within subsection (5).
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(5)
An order falls within this subsection if it is—
(a)
a relevant adoption order;
(b)
an adoption order, within the meaning of section 72(1) of the
Adoption Act 1976, other than an order made by virtue of
section 14 of that Act on the application of a married couple one
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of whom is the mother or the father of the child;

Children and Adoption Bill [HL]
Part 1 — Orders with respect to children in family proceedings
3

(c)
a Scottish adoption order, within the meaning of the Adoption
and Children Act 2002, other than an order made—
(i)
by virtue of section 14 of the Adoption (Scotland) Act
1978 on the application of a married couple one of
whom is the mother or the father of the child, or
5
(ii)
by virtue of section 15(1)(aa) of that Act; or
(d)
a Northern Irish adoption order, within the meaning of the
Adoption and Children Act 2002, other than an order made by
virtue of Article 14 of the Adoption (Northern Ireland) Order
1987 on the application of a married couple one of whom is the
10
mother or the father of the child.
(6)
A relevant adoption order is an adoption order, within the meaning of
section 46(1) of the Adoption and Children Act 2002, other than an
order made—
(a)
on an application under section 50 of that Act by a couple
15
(within the meaning of that Act) one of whom is the mother or
the father of the person to be adopted, or
(b)
on an application under section 51(2) of that Act.
(7)
A court may not make a contact activity direction in relation to an
individual unless the individual is habitually resident in England and
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Wales; and a direction ceases to have effect if the individual subject to
the direction ceases to be habitually resident in England and Wales.
11C
Contact activity conditions
(1)
This section applies if in any family proceedings the court makes—
(a)
a contact order with respect to a child, or
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(b)
an order varying a contact order with respect to a child.
(2)
The contact order may impose, or the contact order may be varied so as
to impose, a condition (a “contact activity condition”) requiring an
individual falling within subsection (3) to take part in an activity that
promotes contact with the child concerned.
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(3)
An individual falls within this subsection if he is—
(a)
for the purposes of the contact order so made or varied, the
person with whom the child concerned lives or is to live;
(b)
the person whose contact with the child concerned is provided
for in that order; or
35
(c)
a person upon whom that order imposes a condition under
section 11(7)(b).
(4)
The condition is to specify the activity and the person providing the
activity.
(5)
Section 11A(5) and (6) have effect as regards the activities that may be
40
required by a contact activity condition as they have effect as regards
the activities that may be required by a contact activity direction.
(6)
Subsection (2) has effect subject to the restrictions in sections 11D and
11E.

Children and Adoption Bill [HL]
Part 1 — Orders with respect to children in family proceedings
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11D
Contact activity conditions: further provision
(1)
A contact order may not impose a contact activity condition on an
individual who is a child unless the individual is a parent of the child
concerned.
(2)
If a contact order is an excepted order (within the meaning given by
5
section 11B(4)), it may not impose (and it may not be varied so as to
impose) a contact activity condition.
(3)
A contact order may not impose a contact activity condition on an
individual unless the individual is habitually resident in England and
Wales; and a condition ceases to have effect if the individual subject to
10
the condition ceases to be habitually resident in England and Wales.
11E
Contact activity directions and conditions: making
(1)
Before making a contact activity direction (or imposing a contact
activity condition by means of a contact order), the court must satisfy
itself as to the matters falling within subsections (2) to (4).
15
(2)
The first matter is that the activity proposed to be specified is
appropriate in the circumstances of the case.
(3)
The second matter is that the person proposed to be specified as the
provider of the activity is suitable to provide the activity.
(4)
The third matter is that the activity proposed to be specified is provided
20
in a place to which the individual who would be subject to the direction
(or the condition) can reasonably be expected to travel.
(5)
Before making such a direction (or such an order), the court must
obtain and consider information about the individual who would be
subject to the direction (or the condition) and the likely effect of the
25
direction (or the condition) on him.
(6)
Information about the likely effect of the direction (or the condition)
may, in particular, include information as to—
(a)
any conflict with the individual’s religious beliefs;
(b)
any interference with the times (if any) at which he normally
30
works or attends an educational establishment.
(7)
The court may ask an officer of the Service or a Welsh family
proceedings officer to provide the court with information as to the
matters in subsections (2) to (5); and it shall be the duty of the officer of
the Service or Welsh family proceedings officer to comply with any
35
such request.
(8)
In this section “specified” means specified in a contact activity direction
(or in a contact activity condition).
11F
Contact activity directions and conditions: financial assistance
(1)
The Secretary of State may by regulations make provision authorising
40
him to make payments to assist individuals falling within subsection
(2) in paying relevant charges or fees.
(2)
An individual falls within this subsection if he is required by a contact
activity direction or condition to take part in an activity that promotes
contact with a child, not being a child ordinarily resident in Wales.
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Children and Adoption Bill [HL]
Part 1 — Orders with respect to children in family proceedings
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(3)
The National Assembly for Wales may by regulations make provision
authorising it to make payments to assist individuals falling within
subsection (4) in paying relevant charges or fees.
(4)
An individual falls within this subsection if he is required by a contact
activity direction or condition to take part in an activity that promotes
5
contact with a child who is ordinarily resident in Wales.
(5)
A relevant charge or fee, in relation to an activity required by a contact
activity direction or condition, is a charge or fee in respect of the activity
payable to the person providing the activity.
(6)
Regulations under this section may provide that no assistance is
10
available to an individual unless—
(a)
the individual satisfies such conditions as regards his financial
resources as may be set out in the regulations;
(b)
the activity in which the individual is required by a contact
activity direction or condition to take part is provided to him in
15
England or Wales;
(c)
where the activity in which the individual is required to take
part is provided to him in England, it is provided by a person
who is for the time being approved by the Secretary of State as
a provider of activities required by a contact activity direction
20
or condition;
(d)
where the activity in which the individual is required to take
part is provided to him in Wales, it is provided by a person who
is for the time being approved by the National Assembly for
Wales as a provider of activities required by a contact activity
25
direction or condition.
(7)
Regulations under this section may make provision—
(a)
as to the maximum amount of assistance that may be paid to or
in respect of an individual as regards an activity in which he is
required by a contact activity direction or condition to take part;
30
(b)
where the amount may vary according to an individual’s
financial resources, as to the method by which the amount is to
be determined;
(c)
authorising payments by way of assistance to be made directly
to persons providing activities required by a contact activity
35
direction or condition.
11G
Contact activity directions and conditions: monitoring
(1)
This section applies if in any family proceedings the court—
(a)
makes a contact activity direction in relation to an individual, or
(b)
makes a contact order that imposes, or varies a contact order so
40
as to impose, a contact activity condition on an individual.
(2)
The court may on making the direction (or imposing the condition by
means of a contact order) ask an officer of the Service or a Welsh family
proceedings officer—
(a)
to monitor, or arrange for the monitoring of, the individual’s
45
compliance with the direction (or the condition);
(b)
to report to the court on any failure by the individual to comply
with the direction (or the condition).

Children and Adoption Bill [HL]
Part 1 — Orders with respect to children in family proceedings
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(3)
It shall be the duty of the officer of the Service or Welsh family
proceedings officer to comply with any request under subsection (2).”
2
Monitoring contact
After section 11G of the Children Act 1989 (c. 41) (as inserted by section 1)
insert—
5
“11H
Monitoring contact
(1)
This section applies if in any family proceedings the court makes—
(a)
a contact order with respect to a child in favour of a person, or
(b)
an order varying such a contact order.
(2)
The court may ask an officer of the Service or a Welsh family
10
proceedings officer—
(a)
to monitor whether an individual falling within subsection (3)
complies with the contact order (or the contact order as varied);
(b)
to report to the court on such matters relating to the individual’s
compliance as the court may specify in the request.
15
(3)
An individual falls within this subsection if the contact order so made
(or the contact order as so varied)—
(a)
requires the individual to allow contact with the child
concerned;
(b)
names the individual as having contact with the child
20
concerned; or
(c)
imposes a condition under section 11(7)(b) on the individual.
(4)
If the contact order (or the contact order as varied) includes a contact
activity condition, a request under subsection (2) is to be treated as
relating to the provisions of the order other than the contact activity
25
condition.
(5)
The court may make a request under subsection (2)—
(a)
on making the contact order (or the order varying the contact
order), or
(b)
at any time during the subsequent course of the proceedings as
30
they relate to contact with the child concerned.
(6)
In making a request under subsection (2), the court is to specify the
period for which the officer of the Service or Welsh family proceedings
officer is to monitor compliance with the order; and the period
specified may not exceed twelve months.
35
(7)
It shall be the duty of the officer of the Service or Welsh family
proceedings officer to comply with any request under subsection (2).
(8)
The court may order any individual falling within subsection (3) to take
such steps as may be specified in the order with a view to enabling the
officer of the Service or Welsh family proceedings officer to comply
40
with the court’s request under subsection (2).
(9)
But the court may not make an order under subsection (8) with respect
to an individual who is a child unless he is a parent of the child with
respect to whom the order falling within subsection (1) was made.

Children and Adoption Bill [HL]
Part 1 — Orders with respect to children in family proceedings
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(10)
A court may not make a request under subsection (2) in relation to a
contact order that is an excepted order (within the meaning given by
section 11B(4)).”
3
Contact orders: warning notices
After section 11H of the Children Act 1989 (c. 41) (as inserted by section 2)
5
insert—
“11I
Contact orders: warning notices
Where the court makes (or varies) a contact order, it is to attach to the
contact order (or the order varying the contact order) a notice warning
of the consequences of failing to comply with the contact order.”
10
4
Enforcement orders
(1)
After section 11I of the Children Act 1989 (as inserted by section 3) insert—
“11J
Enforcement orders
(1)
This section applies if a contact order with respect to a child has been
made.
15
(2)
If the court is satisfied beyond reasonable doubt that a person has failed
to comply with the contact order, it may make an order (an
“enforcement order”) imposing on the person an unpaid work
requirement.
(3)
But the court may not make an enforcement order if it is satisfied that
20
the person had a reasonable excuse for failing to comply with the
contact order.
(4)
The burden of proof as to the matter mentioned in subsection (3) lies on
the person claiming to have had a reasonable excuse, and the standard
of proof is the balance of probabilities.
25
(5)
The court may make an enforcement order in relation to the contact
order only on the application of—
(a)
the person who is, for the purposes of the contact order, the
person with whom the child concerned lives or is to live;
(b)
the person whose contact with the child concerned is provided
30
for in the contact order;
(c)
any individual subject to a condition under section 11(7)(b) or a
contact activity condition imposed by the contact order; or
(d)
the child concerned.
(6)
Where the person proposing to apply for an enforcement order in
35
relation to a contact order is the child concerned, the child must obtain
the leave of the court before making such an application.
(7)
The court may grant leave to the child concerned only if it is satisfied
that he has sufficient understanding to make the proposed application.
(8)
Subsection (2) has effect subject to the restrictions in sections 11K and
40
11L.