|Amendments proposed to the Children and Adoption Bill [Lords], As Amended - continued||House of Commons|
|back to previous text|
Sanctions against false allegations of violence or significant harm|
NC15To 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
Extended family: desirability of contact
NC16To move the following Clause:
(1) Where an order with respect to a child is made by the court the court must take into account the desirability of contact between the child and his extended family.
(2) Subsection (1) will not be taken into account by a court if it conflicts with any welfare requirements in Section 1."'.
NC17To move the following Clause:
Mr David Kidney
NC18To move the following Clause:
'(1) In discharging their respective functions in connection with any proceedings in which the court is considering whether to make provision about contact with a child
(2) The objectives under subsection (1) are
(4) "Reduction of the risk of harm" means that the safety of children and other persons involved in contact arrangements should be assessed and planned for and the danger of violence should be minimised.
(5) "Reasonable contact" means the promotion of ongoing contact between a child and his parents and other family members to an extent that is reasonable having regard to the facts of the individual case.
(6) In having regard to post separation parenting the court, the Children and Family Court Advisory and Support Service and the parties' legal representatives (if any) shall promote the desirability of co-operation between parents in the making of arrangements for any child contact.
(7) In applying these objectives the court, the Children and Family Court Advisory and Support Service and the parties' legal representatives (if any) shall have regard to the contribution that mediation may make to achieving them.'.
Applications for contact orders (grandparents and family carers)
Mr David Kidney
NC19To move the following Clause:
'(1) In the event of an application to a court for an order permitting contact with a child by
(2) The period of one year mentioned in subsection (1) need not be continuous but must not have begun more than three years before, or ended more than three months before, the making of the application.
(3) The Secretary of State may by regulation amend section 10 of the Children Act 1989 in accordance with the provisions of subsections (1) and (2).'.
NC20To move the following Clause:
(1) This section applies to the following functions of officers of the Service or Welsh family proceedings officers
(5) A risk assessment, in relation to a child who is at risk of suffering harm of a particular sort, is an assessment of the risk of that harm being suffered by the child.
(6) 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."'.
Recompense of those penalised by non-compliance with a contact order
NC21To move the following Clause:
(1) This section applies
(2) A court may, pursuant to subsection (1), make an order granting additional contact time between the individual parent whose contact order has been breached and in respect of the child of whom the contact order was made.
(3) An order under subsection (2) may be made only on an application by the individual claiming to have been deprived of contact time.
(4) In determining an application made under subsection (3), the burden of proof shall rest on the individual claiming to have been deprived of contact time.
(5) The additional time awarded by the court shall be either
(6) This section applies to a person if he is
(8) In exercising its powers under this section, a court shall have primary regard to the welfare of the child concerned."'.
Mediation pre-child contact order where the safety of the child is not an issue
NC22To move the following Clause:
(1) The President of the Family Division shall
(3) 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
(5) The mediator must give a certificate and report to the court when, in his opinion, the parties have