|Amendments proposed to the Children and Adoption Bill [Lords] - continued||House of Commons|
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9Clause 17, page 17, line 36, leave out 'Children and' and insert 'Child Contact and Intercountry.'.
28Clause 17, page 18, line 22, leave out subsection (9).
NEW CLAUSESExtended family: welfare checklist
NC1To move the following Clause:
'After section 1(3)(g) of the Children Act 1989 (c. 41) insert
Parenting time plans
NC2To move the following Clause:
'(1) The Secretary of State must issue guidance for separating parents called parenting time plans ("the guidance").
(2) The guidance must outline the kind of contact orders the court is likely to impose in a range of circumstances should parents be unable to reach agreement regarding contact with their child.
(3) Before publishing guidance under subsection (1), the Secretary of State shall consult and seek approval from
(4) The Secretary of State may not issue the guidance unless a draft of it has been laid before, and approved by resolution of, each House of Parliament.
(5) The Secretary of State may, from time to time, revise the guidance.
(6) A revised version of the guidance shall not come into force until the Secretary of State lays it before Parliament.
(7) Where either House, before the end of the period of 40 days beginning with the day on which a revised version of the guidance is laid before it, by resolution disapproves that version
(8) In reckoning any period of 40 days for the purposes of subsection (7), no account is to be taken of any time during which
(9) The Secretary of State must arrange for any revised guidance under this section to be published in such a manner as he considers appropriate.'.
Pilot scheme on early intervention
NC3To move the following Clause:
'(1) The Lord Chancellor shall run a pilot scheme better to protect the post-divorce and post-separation family ties of children by providing for intervention before the court makes a contact order with respect to the child.
(2) The order shall designate courts to participate within the scheme.
(3) When a designated court is approached to make a contact order, the court must provide to the parties
as decided by the court appointed mediator, before the parties may continue with any application for a contact order, and
(4) Parties who do not wish to ask the court to make a contact order may also make use of the mediation and education facilities of the pilot scheme.
(5) The court shall take into account the willingness of each parent to participate in the scheme.
(6) The pilot scheme must start no later than six months after this Act receives Royal Assent and must run for no longer than two years.
(7) The Lord Chancellor must direct the President of the Family Division to report to him as to the operation of the pilot scheme.
(8) The report under subsection (6) must include an assessment of the extent to which the pilot scheme has achieved the objectives set out in this section.'.
Registration of private foster parents
NC4To move the following Clause:
'For section 69 of the Children Act 1989 (c. 41) substitute
"69 Registration of private foster parents
(1) Every local authority shall keep a register of persons who act as private foster parents within their area.
(2) A local authority shall not register any person as a private foster parent unless it is satisfied that he is fit to act as a private foster parent.
(3) The Secretary of State shall by regulations make provision as to the considerations to which a local authority is to have regard in reaching a decision as to whether to register a person as a private foster parent.
(4) A local authority shall cancel the registration of any person under subsection (1) if
(5) No person shall act as a private foster parent unless he is registered under subsection (1).
(6) A person who contravenes subsection (5) shall be guilty of an offence.
(7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.
(8) A person aggrieved by the refusal of a local authority to register him as a private foster parent may appeal to the court in accordance with paragraph 8 of Schedule 8 to this Act.
(9) In dealing with private foster arrangements a local authority must have regard to the arrangements for safeguarding children.".'.
Sanctions against false allegations of violence or significant harm
NC5To move the following Clause:
'After section 10 of the Children Act 1989 (c. 41) insert
"10A Sanctions against false allegations of violence or significant harm
(1) The Secretary of State may make regulations to require the court to act in accordance with subsection (2).
(2) Where during the course of contact proceedings
the court must have regard to this finding when considering any representations by either person about contact arrangements with a child and may treat it as an aggravating factor when considering whether to make an order under sections 11J to 11N.".'.
NC6To move the following Clause:
'After section 11P of the Children Act 1989 insert
"11Q Compensatory contact
(1) This section applies if a contact order with respect to a child has been made.
(2) If the court is satisfied that
it may make an order granting additional contact time between the person and the child concerned with a view to mitigating the effect of the breach.
(3) The court may not make an order under subsection (2) if it is satisfied that the individual in breach 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 individual claiming to have had a reasonable excuse.
(5) An order under subsection (2) may be made only on an application by the person who claims to have been deprived of contact time.
(6) A person falls within this subsection if he is
(7) Where the person proposing to apply for an order under subsection (2) is the child concerned, the child must obtain the leave of the court before making such an application.
(8) The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.
(9) Subsection (2) has effect subject to the restrictions in section 11S.
(10) Proceedings in which any question of making an order under subsection (2) arises are to be regarded for the purposes of section 11(1) and (2) as proceedings in which a question arises with respect to a section 8 order.
(11) In exercising its powers under this section, a court must treat as paramount the interests of the child concerned.".'.