NOTICES OF AMENDMENTS
given up to and including
Friday 16th June 2006
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
CHILDREN AND ADOPTION BILL [LORDS], AS AMENDED
NEW CLAUSES
Parenting time plans
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
NC1
To 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 if parents are 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—
| (a) | the family courts of England and Wales, |
| (b) | child development experts, and |
| (c) | any other person who appears to him to have an interest in the issue. |
(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 and the guidance does not come into force until the Secretary of State lays it before Parliament.
(6) 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—
| (a) | the Secretary of State must, under subsection (5), make such further revisions to the guidance as appear to him to be required in the circumstances; and |
| (b) | before the end of the period of 40 days beginning with the date on which the resolution is made, lay a further revised verson of the guidance before Parliament. |
(7) In reckoning any period of 40 days for the purposes of subsection (7), no account is to be taken of any time during which—
| (a) | parliament is dissolved or prorogued, or |
| (b) | both Houses are adjourned for more than four days. |
(8) The Secretary of State must arrange for any revised guidance under this section to be published in such a manner he considers appropriate.'.
Registration of private foster parents
Tim Loughton
Mrs Maria Miller
Jeremy Wright
Mr Stewart Jackson
Mr David Evennett
Annette Brooke
NC2
To move the following Clause:—
'After section 67(1) of the Children Act 1989 (c. 41) insert—
"(1A) Every local authority shall keep a register of persons who act as private foster parents within their area.
(1B) 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.
(1C) 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.
(1D) A local authority shall cancel the registration of any person under subsection (1) if—
| (a) | it appears to them that the circumstances of the case are such that they would be justified in refusing to register that person as a private foster parent; |
| (b) | the case provided by that person for any privately fostered child is, in the opinion of the authority, inadequate, having regard to the needs of that child; or |
| (c) | the premises in which any privately fostered child is or would be accommodated are not suitable for that purpose. |
(1E) No person shall act as a private foster parent unless he is registered under subsection (1A).
(1F) A person who contravenes subsection (1E) shall be guilty of an offence.
(1G) A person guilty of an offence under subsection (1F) shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
(1H) 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.
(1I) In dealing with private foster arrangements the Local Authority must have regard to the arrangements for safeguarding children."'.
Parental responsibility prior to adoption abroad
Annette Brooke
Mark Williams
NC3
To move the following Clause:—
'(1) At the end of section 84 of the Adoption and Children Act 2002 (c. 38) insert—
"(8) Subsection (4) does not prevent an application being made if the court gives leave to make it."
(2) At the end of section 141 of the Adoption and Children Act 2002 (c. 38) insert—
"(6) Rules made in respect of proceedings under section 84 of the Act may prescribe—
| (a) | conditions in respect of which the court must be satisfied before granting leave under subsection (8); and |
| (b) | for the court to permit the applicants to take the child who is the subject of the application out of the UK for such period or periods and subject to such conditions as the court thinks fit."'. |
Presumption in favour of co-parenting
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
NC4
To move the following Clause:—
'After section 1(1) of the Children Act 1989 (c. 41) insert—
"(1A) In respect of subsection (1)(a) the court shall, unless a contrary reason be shown, act on the presumption that a child's welfare is best served through residence with his parents and, if his parents are not living together, through residence with one of them and through both of them being as fully and equally involved in his parenting as possible."'.
Orders under section 11(2): further provision
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
NC7
To move the following Clause:—
'After section 11R of the Children Act 1989 insert—
"11R Orders under section 11Q: further provision
(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—
| (a) | in the case of a failure to comply with a contact order that was varied before the failure occurred, a notice under section 11I relating to the order varying the contact order or, where more than one such order has been made, the last order proceeding the failure in question, and |
| (b) | in any other case, a notice under section 11I relating to the contact order. |
(2) A court may make an order under section 11Q(2) in pursuance of a failure by an individual to comply with a contact order where the failure occurred before the individual attained the age of 18.
(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))."'.
Reasonable contact: no order principle
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
NC9
To move the following Clause:—
'After section 1(5) of the Children Act 1989 (c. 41) insert—
"(6) The "no order" principle in section 1(5) shall be construed subject to section 1(1A) of this Act whereby it shall be presumed that making an order for reasonable contact with the parents is, in the absence of good reason to the contrary, better for the child than making no order at all."'.
Reasonable contact
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
NC10
To move the following Clause:—
'In section 8(1) of the Children Act 1989 (c. 41), for the definition of "a contact order", substitute—
""a contact order" means an order requiring the person with whom a child lives, or is to live, to have reasonable contact with the person named in the order in the absence of good reason to the contrary and subject to section 1(1A) of this Act."'.
Provision as to family assistance orders
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
NC11
To move the following Clause:—
'In the circumstances where a family assistance order is made, the officer concerned will proceed on the presumption that the child's interests are best served through reasonable contact with both his parents unless good reason to the contrary is shown.'.
Reasonable contact: welfare checklist
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
NC12
To move the following Clause:—
'After section 1(3)(g) of the Children Act 1989 (c. 41) insert—
| "(h) | the desirability of reasonable contact between the child and the non-resident parent in the absence of good reason to the contrary." '. |
Presumption of reasonable contact
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
NC13
To move the following Clause:—
'After section 1(1) of the Children Act 1989 (c. 41) insert—
"(1A) In respect of subsection 1(1) above and subject to the welfare of the child, the court shall act on the presumption that the child's interests are best served through reasonable contact with both his parents in the absence of good reason to the contrary." '.
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