Amendments proposed to the Children and Adoption Bill [Lords], As Amended - continued House of Commons

back to previous text
   

Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett

4

Page     13,     line     38     [Clause     9],     at end insert—

    '(9A)   The Secretary of State must establish an appeals procedure to consider appeals against the decision to impose special restrictions on adoptions from abroad.'.


   

Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett

23

Page     14,     line     17     [Clause     10],     at end insert ', and

      (c) prescribed organisations involved in adoption.'.

   

Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett

24

Page     16,     line     22     [Clause     13],     at end insert 'and in so doing must have regard to the financial circumstances of the prospective adopter.'.

   

Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett

9

Page     16,     line     27     [Clause     13],     at end insert—

      '(c) provide a detailed breakdown of what costs have been borne to give rise to the fee.'.


   

Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett

5

Page     17,     line     28     [Clause     16],     leave out from '(2)' to 'House' in line 29 and insert 'shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each'.

   

Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett

12

Page     17,     line     36     [Clause     17],     leave out 'Children and' and insert 'Child Contact and Intercountry'.


NEW SCHEDULE

   

Annette Brooke
Mark Williams

NS1

To move the following Schedule:—

'Default contact arrangements

    (1) This Schedule applies where two persons having parental responsibility for a child under the age of 14 years are at the commencement of this Act living or thereafter commence to live in separate households from each other.

    (2) In this Schedule the "resident parent" means that person with parental responsibility for a child specified under sub-paragraph (1) who is principally resident in the same household as the child; the "non-resident parent" shall mean the other person, with whom the child does not reside.

    (3) The provisions of this Schedule are entirely without prejudice to the responsibility of the resident and non-resident parents in any case to which this Schedule applies to make such agreed arrangements for contact with the child as they may decide are appropriate in the child's best interests.

    (4) In any case to which this Schedule applies in it shall be the responsibility of both the resident and the non-resident parents—

            (a)   to endeavour to reach agreement as to such arrangements for contact or,

            (b)   if they are to give effect to the default contact arrangements set out in paragraph 4 below, to endeavour—

            (i) to ensure that the default contact arrangements operate smoothly;

            (ii) to reach agreement as to the detailed implementation of the default contact arrangements; and

            (iii) to reach agreement as to such variations to the default contact arrangements with regard to dates, times and delivery and collection arrangements as may be appropriate to suit the circumstances and commitments of the child, any sibling of the child, the resident parent and the non-resident parent.

    (5) On any application to a court for contact with any child the way in which the resident and non-resident parent have each discharged the responsibility set out in paragraph 1(4) shall be a circumstance which it shall be relevant for the court to consider.

     In any case where the resident parent and the non-resident parent commence living in separate households after the commencement of this Act they shall be deemed to have agreed upon such separation to the arrangements for contact between the child and the non-resident parent set out in paragraph 4 below ("the default contact arrangements") and such arrangements shall be put into effect from the date of such separation unless and until either—

            (a)   the resident parent and the non-resident parent have agreed alternative arrangements for such contact; or

            (b)   a court otherwise orders.

     In any case where the resident parent and the non-resident parent are already living in separate households at the commencement of this Act they shall be deemed to have agreed at the date of such commencement to the arrangements for contact betwen the child and the non-resident parent set out in paragraph 4 below ("the default contact arrangements") and such arrangements shall be put into effect unless and until either—

            (a)   the resident parent and the non-resident parent have agreed alternative arrangements for such contact; or

            (b)   a court otherwise orders.

     The default contact arrangements to which paragraphs 2 and 3 above refer shall be as follows—

    (1) In the case of an infant under one year old, the child shall visit the non-resident parent every Sunday between 9 a.m. and 5 p.m.; and the resident and non-resident parents shall share responsibility for transport of the child between their homes.

    (2) In the case of any child who has attained the age of one year but is not yet in full-time education, the child shall—

            (a)   stay with the non-resident parent on alternate weekends from 10 a.m. on Saturday until 5 p.m. on Sunday;

            (b)   visit the non-resident parent from 2 p.m. until 5 p.m. every Wednesday;

            (c)   stay with the non-resident parent for seven weeks' holiday per year, on dates to be agreed between the resident and non-resident parents or, in default of such an agreement, determined by a court; and

            (d)   the resident and non-resident parents shall share responsibility for transport of the child between their homes.

    (3) In the case of any child in full-time education who has not yet attained the age of fourteen years, the child shall—

            (a)   stay with the non-resident parent on alternate weekends from after the child finishes school on Friday until 6 p.m. on Sunday;

            (b)   visit the non-resident parent from 4 p.m. until 6 p.m. every Wednesday;

            (c)   stay with the non-resident parent for seven weeks' holiday per year, of which at least ten days shall be in the Christmas school holidays, ten days shall be in the Easter school holidays; and the balance in the summer school holidays, the precise dates to be agreed between the resident and non-resident parents or, in default of such agreements, determined by a court; and

            (d)   the resident and non-resident parents shall share responsibility for transport of the child between their homes and/or the child's school.

     This Schedule shall not apply in circumstances where allegations of child abuse are made in such form as the Secretary of State may by order prescribe.'.


ORDERS OF THE COMMITTEE [14th AND 16th MARCH 2006]

That—

    (1)   during proceedings on the Children and Adoption Bill [Lords] the Standing Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 14th March) meet—

      (a) at 4.00 p.m. on Tuesday 14th March;

      (b) at 9.00 a.m. and 1.00 p.m. on Thursday 16th March;

      (c) at 10.30a.m. and 4.00 p.m. on Tuesday 21st March;

    (2)   the proceedings shall be taken in the following order: Clauses 9 to 14; Clauses 1 to 4; Schedule 1; Clauses 5 to 8; Clause 15; Schedules 2 and 3; Clauses 16 and 17; new Clauses; new Schedules; remaining proceedings on the Bill;

    (3)   the proceedings shall (so far as not previously concluded) be brought to a conclusion at 7.00 p.m. on Tuesday 21st March.


 
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