House of Commons portcullis
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:—


 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 21 June 2006