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| | Children and Adoption Bill [Lords], As Amended
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State must issue guidance for separating parents called parenting |
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| | | time plans (“the guidance”). |
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| | | (2) | The guidance must outline the kind of contact orders the court is likely to impose |
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| | | in a range of circumstances if parents are unable to reach agreement regarding |
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| | | contact with their child. |
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| | | (3) | Before publishing guidance under subsection (1), the Secretary of State shall |
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| | | consult and seek approval from— |
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| | | (a) | the family courts of England and Wales, |
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| | | (b) | child development experts, and |
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| | | (c) | any other person who appears to him to have an interest in the issue. |
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| | | (4) | The Secretary of State may not issue the guidance unless a draft of it has been laid |
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| | | before, and approved by resolution of, each House of Parliament. |
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| | | (5) | The Secretary of State may, from time to time, revise the guidance and the |
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| | | guidance does not come into force until the Secretary of State lays it before |
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| | | (6) | Where either House, before the end of the period of 40 days beginning with the |
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| | | day on which a revised version of the guidance is laid before it, by resolution |
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| | | disapproves that version— |
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| | | (a) | the Secretary of State must, under subsection (5), make such further |
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| | | revisions to the guidance as appear to him to be required in the |
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| | | (b) | before the end of the period of 40 days beginning with the date on which |
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| | | the resolution is made, lay a further revised version of the guidance |
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| | | (7) | In reckoning any period of 40 days for the purposes of subsection (6), no account |
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| | | is to be taken of any time during which— |
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| | | (a) | Parliament is dissolved or prorogued, or |
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| | | (b) | both Houses are adjourned for more than four days. |
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| | | (8) | The Secretary of State must arrange for any revised guidance under this section |
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| | | to be published in such a manner as he considers appropriate.’. |
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| | | Registration of private foster parents |
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| | To move the following Clause:— |
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| | | ‘After section 67(1) of the Children Act 1989 (c. 41) insert— |
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| | | “(1A) | Every local authority shall keep a register of persons who act as private |
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| | | foster parents within their area. |
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| | | (1B) | A local authority shall not register any person as a private foster parent |
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| | | unless it is satisfied that he is fit to act as a private foster parent. |
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| | | (1C) | The Secretary of State shall by regulation make provision as to the |
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| | | considerations to which a local authority is to have regard in reaching a |
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| | | decision as to whether to register a person as a private foster parent. |
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| | | (1D) | A local authority shall cancel the registration of any person under |
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| | | (a) | it appears to it that the circumstances of the case are such that it |
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| | | would be justified in refusing to register that person as a private |
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| | | (b) | the care provided by that person for any privately fostered child |
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| | | is, in the opinion of the authority, inadequate, having regard to |
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| | | the needs of that child; or |
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| | | (c) | the premises in which any privately fostered child is or would be |
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| | | accommodated are not suitable for that purpose. |
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| | | (1E) | No person shall act as a private foster parent unless he is registered under |
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| | | (1F) | A person who contravenes subsection (1E) shall be guilty of an offence. |
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| | | (1G) | A person guilty of an offence under subsection (1F) shall be liable on |
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| | | summary conviction to imprisonment for a term not exceeding six |
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| | | months, or to a fine not exceeding level 5 on the standard scale, or to both. |
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| | | (1H) | A person aggrieved by the refusal of a local authority to register him as a |
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| | | private foster parent may appeal to the court in accordance with |
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| | | paragraph 8 of Schedule 8 to this Act. |
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| | | (1I) | In dealing with private foster arrangements the Local Authority must |
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| | | have regard to the arrangements for safeguarding children.”’. |
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| | | Parental responsibility prior to adoption abroad |
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| | To move the following Clause:— |
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| | | ‘(1) | At the end of section 84 of the Adoption and Children Act 2002 (c. 38) insert— |
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| | | “(8) | Subsection (4) does not prevent an application being made if the court |
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| | | (2) | At the end of section 141 of the Adoption and Children Act 2002 (c. 38) insert— |
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| | | “(7) | Rules made in respect of proceedings under section 84 of the Act may |
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| | | (a) | conditions in respect of which the court must be satisfied before |
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| | | granting leave under subsection (8); and |
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| | | (b) | for the court to permit the applicants to take the child who is the |
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| | | subject of the application out of the UK for such period or |
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| | | periods and subject to such conditions as the court thinks fit.”’. |
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| | | Presumption in favour of co-parenting |
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| | | Negatived on division nc4 |
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| | To move the following Clause:— |
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| | | ‘After section 1(1) of the Children Act 1989 (c. 41) insert— |
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| | | “(1A) | In respect of subsection (1)(a) the court shall, unless a contrary reason be |
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| | | shown, act on the presumption that a child’s welfare is best served |
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| | | through residence with his parents and, if his parents are not living |
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| | | together, through residence with one of them and through both of them |
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| | | being as fully and equally involved in his parenting as possible.”’. |
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| | | Orders under section 11(2): further provision |
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| | To move the following Clause:— |
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| | | ‘After section 11Q of the Children Act 1989 insert— |
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| | | “11R | Orders under section 11Q: further provision |
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| | | (1) | A court may not make an order under section 11Q(2) granting additional |
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| | | contact time between a person and the child concerned following the |
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| | | failure by an individual to comply with a contact order unless it is |
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| | | satisfied that before the failure occurred the individual had been given (in |
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| | | accordance with the rules of court) a copy of, or otherwise informed of, |
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| | | (a) | in the case of a failure to comply with a contact order that was |
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| | | varied before the failure occurred, a notice under section 11I |
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| | | relating to the order varying the contact order or, where more |
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| | | than one such order has been made, the last order proceeding the |
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| | | (b) | in any other case, a notice under section 11I relating to the |
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| | | (2) | A court may make an order under section 11Q(2) in pursuance of a failure |
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| | | by an individual to comply with a contact order where the failure |
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| | | occurred before the individual attained the age of 18. |
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| | | (3) | A court may not make an order under section 11Q(2) in respect of a |
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| | | failure by an individual to comply with a contact order that is an excepted |
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| | | order (within the meaning given in section 11B(4)).”’. |
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| | | Reasonable contact: no order principle |
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| | To move the following Clause:— |
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| | | ‘After section 1(5) of the Children Act 1989 (c. 41) insert— |
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| | | “(6) | The “no order” principle in section 5 shall be construed subject to section |
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| | | 1A of this Act whereby it shall be presumed that making an order for |
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| | | reasonable contact with the parents is, in the absence of good reason to |
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| | | the contrary, better for the child than making no order at all.”’. |
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| | To move the following Clause:— |
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| | | ‘In section 8(1) of the Children Act 1989 (c. 41), for the definition of “a contact |
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| | | ““a contact order” means an order requiring the person with whom a child |
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| | | lives, or is to live, to have reasonable contact with the person named in |
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| | | the order in the absence of good reason to the contrary and subject to |
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| | | section 1(1A) of this Act.”’. |
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| | | Provision as to family assistance orders |
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| | To move the following Clause:— |
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| | | ‘In the circumstances where a family assistance order is made, the officer |
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| | | concerned will proceed on the presumption that the child’s interests are best |
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| | | served through reasonable contact with both his parents unless good reason to the |
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| | | Reasonable contact: welfare checklist |
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| | To move the following Clause:— |
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| | | ‘After section 1(3)(g) of the Children Act 1989 (c. 41) insert— |
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| | | “(h) | the desirability of reasonable contact between the child and the |
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| | | non-resident parent in the absence of good reason to the |
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| | | Presumption of reasonable contact |
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| | To move the following Clause:— |
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| | | ‘After section 1(1) of the Children Act 1989 (c. 41) insert— |
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| | | “(1A) | In respect of subsection 1(1) above and subject to the welfare of the child, |
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| | | the court shall act on the presumption that the child’s interests are best |
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| | | served through reasonable contact with both his parents in the absence of |
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| | | good reason to the contrary.” ’. |
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| | | Frequent and continuing contact |
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| | To move the following Clause:— |
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| | | ‘After section 11(I)(9)(b) of the Children Act 1989 (c. 41) insert— |
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