|Amendments proposed to the Children and Adoption Bill [Lords] - continued||House of Commons|
|back to previous text|
Registration of private foster parents|
NC4To move the following Clause:
(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
(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:
(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
NC6To move the following Clause:
(1) This section applies if a contact order with respect to a child has been made.
(2) If the court is satisfied that
(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
(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."'.
Orders under section 11(2): further provision
NC7To move the following Clause:
(1) A court may not make an order under section 11Q(2) granting additional contact time between a person and the child concerned following the failure by an individual to comply with a contact order unless it is satisfied that before the failure occurred the individual had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of
(3) A court may not make an order under section 11Q(2) in respect of a failure by an individual to comply with a contact order that is an excepted order (within the meaning given in section 11B(4))."'.
Presumption in favour of co-parenting
NC8To move the following Clause:
Frequent and continuing contact
NC9To move the following Clause:
NC11To move the following Clause:
Reasonable contact: no order principle
NC12To move the following Clause:
Pre-court dispute resolution and mediation when the safety of the child is not an issue
NC13To move the following Clause:
(1) The President of the Family Division shall keep a register of mediators.
(2) The President may make regulations about the qualifications and conduct required for registration as a mediator under subsection (1).
(3) A person may not act as a mediator for the purposes of this section unless he is on the register.
(4) Before the court makes an order under section 8 about contact in cases where the safety of the child is not an issue, it must give a direction requiring each party to attend a meeting with a mediator arranged in accordance with the direction for the purpose of
(6) The court may not issue a direction under subsection (4) unless it has issued a parenting time plan to each party, as provided for in section (Parenting time plans) of the Children and Adoption Act 2006.
(7) After a meeting held pursuant to a direction under subsection (4), the parties must attend such a course of dispute resolution and mediation as the mediator considers appropriate.
(8) A party's failure to attend the mediation will stand on their court record and may form part of the basis on which the court makes an order under section 8.
(9) The mediator must give a certificate when, in his opinion, the parties have