|Amendments proposed to the Children and Adoption Bill [lords], As Amended - continued||House of Commons|
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Lord Chancellor's pilot scheme|
NC23To move the following Clause:
'(1) The Lord Chancellor shall require the President of the Family Division to run a pilot scheme which will intervene before a court makes a child contact order.
(2) The President of the Family Division shall designate courts to participate within the scheme.
(3) Courts designated under this subsection must issue
(5) The pilot scheme shall start no later than six months after this Act receives Royal Assent and shall run for no longer than two years and no less than eighteen months.
(6) Within six months of the end of the pilot scheme the President of the Family Division must present to the Lord Chancellor an evaluation of the advantages and disadvantages of such a scheme.'.
Presumption of reasonable contact in the absence of good reason to the contrary
NC24To move the following Clause:
(1B) In determining what 'reasonable contact' is in respect of subsection (1A) above the court shall have regard to the desirability of
Default contact arrangements
NC25*To move the following Clause:
Mr David Kidney
15Page 2, line 12 [Clause 1], at end insert
'(5A) Any information or advice given under subsection (5)(b) about making arrangements for contact with a child by means of mediation shall be given by an accredited mediator.'.
14Page 2 [Clause 1], leave out line 14.
21Page 7, line 22 [Clause 4], at end insert
'(3A) In deciding whether a person had reasonable excuse for failing to comply with a contact order, the court shall consider
11Page 7, line 25 [Clause 4], at end insert
'(4A) When considering whether to make an enforcement order, the Court shall have regard to the principle that, subject to the welfare of the child, the court acts on the presumption that a child's welfare is best served through reasonable contact with both his parents unless good reason to the contrary is shown.'.
18Page 7, line 25 [Clause 4], at end insert
'( ) When considering whether the person has reasonable excuse the welfare of the child is to be the court's paramount consideration.'.
6Page 8, line 30 [Clause 4], leave out '18' and insert '16'.
16Page 9, line 15 [Clause 4], at end insert
'(5A) A court that proposes to make an enforcement order must order for the separate representation of the child, unless satisfied that it is not necessary to do so in order to safeguard his interests.'.
10Page 10, line 26 [Clause 5], leave out subsections (7) and (8).
7Page 11, line 17 [Clause 5], leave out '18' and insert '16'.
20Page 12, line 2, leave out Clause 7.
13Page 12, line 14 [Clause 7], leave out 'cause' and insert 'reasonable grounds'.
17Page 12, line 17 [Clause 7], at end insert
'(2A) Upon receiving a risk assessment the court should consider the need for the separate representation of the child and his interests within the proceedings.'.
19Page 12, line 20 [Clause 7], after 'child', insert 'and an assessment of the differential impact upon the child of the options available to the court.'.
8Page 12, line 20 [Clause 7], at end insert
'(4) All risk assessments undertaken pursuant to subsection (2) shall proceed on the presumption that the child's interests are best served through reasonable contact with both his parents unless a good reason to the contrary is shown.
(5) When deciding whether there is reason to suspect that a child is at risk of harm, an officer of the service or a Welsh proceedings officer may only make a risk assessment where he has reasonable grounds to suspect that there is a significant risk of significant harm.
(6) An officer of the service or a Welsh proceedings officer may only make a risk assessment where he has reasonable grounds to suspect that the significant risk involves a risk
(8) In any risk assessment based upon the likelihood of recurrence of previous risks it shall be a requirement that no reliance is placed upon previous events or previous risks in the absence of a finding of fact that those events or risks actually occurred.'.
2Page 13, line 21 [Clause 9], leave out subsection (3) and insert
'(3) Before making an order in the case of a country or territory which is a Convention country, the Secretary of State shall consult the Hague Conference.'.
1Page 13, line 29 [Clause 9], at end insert
3Page 13, line 33 [Clause 9], after 'country', insert ', which should include an explanation of why the practices in the relevant country or territory have led him to believe that it would be contrary to public policy to further the bringing of children into the United Kingdom in the cases mentioned in subsection (2).'.
22Page 13, line 33 [Clause 9], at end insert 'to include regular reviews on why that declaration should still apply'.