rs0962006.705-711

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 20th June 2006
705

Children and Adoption Bill–[ [], continued

“(c)
subject to good reason to the contrary, where the safety of the

child is not an issue, the non-resident parent will be allowed

frequent and continuing contact with the child.”’.

Sanctions against false allegations of violence or significant harm

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Not selected  NC15

To move the following Clause:—

‘After section 10 of the Children Act 1989 (c. 41) insert—

“10A
Sanctions against false allegations of violence or significant harm

(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—

(a)
a person makes an allegation of violence or significant harm

against another person, and

(b)
the allegation is found by the court upon investigation to have

been fabricated,

the court must have regard to this finding when considering any

representations by either person about contact arrangements with a child

and may treat it as an aggravating factor when considering whether to

make an order under sections 11J to 11N.” ’.

Extended family: desirability of contact

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Not called  NC16

To move the following Clause:—

‘After section 5 of the Children Act 1989 (c. 41) insert—

“5A
Extended family: desirability of contact

(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.

Report Stage Proceedings: 20th June 2006
706

Children and Adoption Bill–[ [], continued

(2)
Subsection (1) will not be taken into account by a court if it conflicts with

any welfare requirements in Section 1.”’.

Non-resident parents

Annette Brooke

Mark Williams

Negatived on division  nc17

To move the following Clause:—

‘After section 1(3)(g) of the Children Act 1989 (c. 41) insert—

“(h)
the importance of sustaining a relationship between the child and

a non-residential parent.” ’.

Statutory objectives

Mr David Kidney

Annette Brooke

Mark Williams

Not called  nc18

To 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—

(a)
the court;

(b)
the Children and Family Court Advisory and Support Service; and

(c)
the parties’ legal representatives (if any)


must, so far as is reasonably possible, act in a way that is compatible with the

objectives set out in subsection (2).

(2)
The objectives under subsection (1) are—

(a)
the welfare of the child;

(b)
reduction of the risk of harm;

(c)
reasonable contact; and

(d)
post separation parenting.

(3)
The welfare of the child applies in all respects as set out in section 1 of the

Children Act 1989.

(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)

Report Stage Proceedings: 20th June 2006
707

Children and Adoption Bill–[ [], continued

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

Not called  nc19

To move the following Clause:—

‘(1)
In the event of an application to a court for an order permitting contact with a

child by—

(a)
a grandparent of the child; or

(b)
a relative with whom the child has lived for a period of at least one year,

the application may be made without the leave of the court.

(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).’.

Risk assessments

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Withdrawn  nc20

To move the following Clause:—

‘After section 16 of the Children Act 1989 (c.41) insert—

“16A
Risk assessments

(1)
This section applies to the following functions of officers of the Service

or Welsh family proceedings officers—

(a)
any function in connection with family proceedings in which the

court has power to make an order under this Part with respect to

a child or in which a question with respect to such an order arises;

(b)
any function in connection with an order made by the court in

such proceedings.

(2)
If, in carrying out any function to which this section applies, an officer of

the Service or a Welsh family proceedings officer is given reasonable

Report Stage Proceedings: 20th June 2006
708

Children and Adoption Bill–[ [], continued

grounds to suspect that the child concerned is at risk of significant harm,

he must—

(a)
make a risk assessment in relation to the child, and

(b)
provide the risk assessment to the court.

(3)
In respect of subsection (2), significant risk involves a risk—

(a)
to the child’s physical safety, or

(b)
of sexual abuse.

(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 parents unless good reason to the contrary

is shown and the safety of a child is not an issue.

(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

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Withdrawn  nc21

To move the following Clause:—

‘After section 11P of the Children Act 1989 insert—

“11Q
Recompense of those penalised by non-compliance with a contact

order

(1)
This section applies—

(a)
in circumstances where a contact order has been made in regard

to a child, and

(b)
where the actions of an individual bound by a contact order have

resulted in another individual—

(i)
bound by the same contact order,

(ii)
falling under subsection (5), or

(iii)
applying under subsection (3),


being deprived of the contact time specified in the contact order.

(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.

Report Stage Proceedings: 20th June 2006
709

Children and Adoption Bill–[ [], continued

(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—

(a)
equal to, or

(b)
more than


the amount of time that the individual applying under subsection (3) has

been deprived of.

(6)
This section applies to a person if he is—

(a)
the person whose contact with the child concerned is provided

for under the contact order, or

(b)
an individual subject to a condition imposed by the contact order.

(7)
The court may not make an order under subsection (2) if it is of the

opinion that the individual in breach had a reasonable excuse for failing

to comply with the contact order.

(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

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Negatived on division  nc22

To move the following Clause:—

‘Before section 8 of the Children Act 1989 (c.41) insert—

“7A
Mediation pre-child contact order

(1)
The President of the Family Division shall—

(a)
keep a register of mediators,

(b)
make regulations about the qualifications and conduct required

for registration as a mediator under this subsection.

(2)
No person may act as a mediator for the purposes of this section unless

he is on the register.

(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—

(a)
enabling the mediator to explain the facilities and options open

to the parents regarding parent education, parenting plans,

Report Stage Proceedings: 20th June 2006
710

Children and Adoption Bill–[ [], continued

dispute resolution and mediation in relation to disputes over

child contact, and

(b)
enabling parents to resolve the dispute about contact by reaching

an agreement for the child to have reasonable contact with both

parents.

(4)
A party’s failure to attend the mediation must stand on their court record

and may form part of the basis on which the court makes an order under

section 8.

(5)
The mediator must give a certificate and report to the court when, in his

opinion, the parties have—

(a)
reached a satisfactory solution, or

(b)
have failed to reach a satisfactory solution and it is clear to the

mediator that they will not.


In either event, the parties may then continue with any application to the

court for an order under section 8.”’.

Lord Chancellor’s pilot scheme

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Not selected  nc23

To 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—

(a)
a set of guidelines, indicating in broad terms the levels of contact

appropriate in the main categories of cases, in the absence of good reason

to the contrary, accompanied by an enjoinder to maintain reasonable

contact wherever possible;

(b)
the date of the first hearing;

(c)
an instruction to attend a meeting with a court-appointed mediator to

develop a parenting plan which must include the amount of time each

party will spend with the child;

(d)
an explanation that parties who do not file the agreed parenting plan must

then—

(i)
attend a parent education meeting, and

(ii)
attend contact-focused dispute resolution and mediation as

decided by the court appointed mediator,


before the parties may continue with any application for a contact order;

and

(e)
a statement that litigation should be a last resort.

Report Stage Proceedings: 20th June 2006
711

Children and Adoption Bill–[ [], continued

(4)
The court shall take into account the willingness of each parent to participate in

the scheme when making subsequent child contact orders.

(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

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Not called  nc24

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, subject to good reason to the contrary

and where the safety of the child is not an issue, the court shall act on the

presumption that the child’s interests are best served through reasonable

contact with both of his parents whether or not he is resident with either

parent.

(1B)
In determining what “reasonable contact” is in respect of subsection (1A)

the court shall have regard to the desirability of—

(a)
contact facilitating a positive and fulfilling relationship between

the parent and the child;

(b)
frequent contact;

(c)
contact lasting for lengthy time periods;

(d)
contact with siblings; and

(e)
contact with extended family.”’.

Default contact arrangements

Annette Brooke

Mark Williams

Not called  nc25

To move the following Clause:—