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| |
| |
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| | “(c) | subject to good reason to the contrary, where the safety of the |
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| | child is not an issue, the non-resident parent will be allowed |
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| | frequent and continuing contact with the child.”’. |
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| |
| | Sanctions against false allegations of violence or significant harm |
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| To move the following Clause:— |
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| | ‘After section 10 of the Children Act 1989 (c. 41) insert— |
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| | “10A | Sanctions against false allegations of violence or significant harm |
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| | (1) | The Secretary of State may make regulations to require the court to act in |
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| | accordance with subsection (2). |
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| | (2) | Where during the course of contact proceedings— |
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| | (a) | a person makes an allegation of violence or significant harm |
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| | against another person, and |
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| | (b) | the allegation is found by the court upon investigation to have |
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| | |
| | the court must have regard to this finding when considering any |
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| | representations by either person about contact arrangements with a child |
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| | and may treat it as an aggravating factor when considering whether to |
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| | make an order under sections 11J to 11N.” ’. |
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| |
| | Extended family: desirability of contact |
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| To move the following Clause:— |
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| | ‘After section 5 of the Children Act 1989 (c. 41) insert— |
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| | “5A | Extended family: desirability of contact |
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| | (1) | Where an order with respect to a child is made by the court the court must |
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| | take into account the desirability of contact between the child and his |
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| | |
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| |
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| | (2) | Subsection (1) will not be taken into account by a court if it conflicts with |
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| | any welfare requirements in Section 1.”’. |
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| | Negatived on division nc17 |
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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 importance of sustaining a relationship between the child and |
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| | a non-residential parent.” ’. |
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| To move the following Clause:— |
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| | ‘(1) | In discharging their respective functions in connection with any proceedings in |
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| | which the court is considering whether to make provision about contact with a |
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| | |
| | |
| | (b) | the Children and Family Court Advisory and Support Service; and |
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| | (c) | the parties’ legal representatives (if any) |
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| | | must, so far as is reasonably possible, act in a way that is compatible with the |
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| | objectives set out in subsection (2). |
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| | (2) | The objectives under subsection (1) are— |
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| | (a) | the welfare of the child; |
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| | (b) | reduction of the risk of harm; |
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| | (c) | reasonable contact; and |
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| | (d) | post separation parenting. |
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| | (3) | The welfare of the child applies in all respects as set out in section 1 of the |
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| | |
| | (4) | “Reduction of the risk of harm” means that the safety of children and other |
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| | persons involved in contact arrangements should be assessed and planned for and |
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| | the danger of violence should be minimised. |
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| | (5) | “Reasonable contact” means the promotion of ongoing contact between a child |
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| | and his parents and other family members to an extent that is reasonable having |
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| | regard to the facts of the individual case. |
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| | (6) | In having regard to post separation parenting the court, the Children and Family |
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| | Court Advisory and Support Service and the parties’ legal representatives (if any) |
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| |
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| | shall promote the desirability of co-operation between parents in the making of |
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| | arrangements for any child contact. |
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| | (7) | In applying these objectives the court, the Children and Family Court Advisory |
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| | and Support Service and the parties’ legal representatives (if any) shall have |
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| | regard to the contribution that mediation may make to achieving them.’. |
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| |
| | Applications for contact orders (grandparents and family carers) |
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| To move the following Clause:— |
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| | ‘(1) | In the event of an application to a court for an order permitting contact with a |
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| | (a) | a grandparent of the child; or |
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| | (b) | a relative with whom the child has lived for a period of at least one year, |
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| | the application may be made without the leave of the court. |
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| | (2) | The period of one year mentioned in subsection (1) need not be continuous but |
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| | must not have begun more than three years before, or ended more than three |
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| | months before, the making of the application. |
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| | (3) | The Secretary of State may by regulation amend section 10 of the Children Act |
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| | 1989 in accordance with the provisions of subsections (1) and (2).’. |
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| To move the following Clause:— |
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| | ‘After section 16 of the Children Act 1989 (c.41) insert— |
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| | |
| | (1) | This section applies to the following functions of officers of the Service |
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| | or Welsh family proceedings officers— |
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| | (a) | any function in connection with family proceedings in which the |
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| | court has power to make an order under this Part with respect to |
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| | a child or in which a question with respect to such an order arises; |
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| | (b) | any function in connection with an order made by the court in |
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| | |
| | (2) | If, in carrying out any function to which this section applies, an officer of |
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| | the Service or a Welsh family proceedings officer is given reasonable |
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| | grounds to suspect that the child concerned is at risk of significant harm, |
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| | |
| | (a) | make a risk assessment in relation to the child, and |
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| | (b) | provide the risk assessment to the court. |
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| | (3) | In respect of subsection (2), significant risk involves a risk— |
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| | (a) | to the child’s physical safety, or |
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| | |
| | (4) | All risk assessments undertaken pursuant to subsection (2) shall proceed |
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| | on the presumption that the child’s interests are best served through |
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| | reasonable contact with both parents unless good reason to the contrary |
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| | is shown and the safety of a child is not an issue. |
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| | (5) | A risk assessment, in relation to a child who is at risk of suffering harm |
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| | of a particular sort, is an assessment of the risk of that harm being |
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| | |
| | (6) | In any risk assessment based upon the likelihood of recurrence of |
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| | previous risks it shall be a requirement that no reliance is placed upon |
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| | previous events or previous risks in the absence of a finding of fact that |
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| | those events or risks actually occurred.”’. |
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| |
| | Recompense of those penalised by non-compliance with a contact order |
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| To move the following Clause:— |
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| | ‘After section 11P of the Children Act 1989 insert— |
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| | “11Q | Recompense of those penalised by non-compliance with a contact |
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| | |
| | (1) | This section applies— |
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| | (a) | in circumstances where a contact order has been made in regard |
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| | |
| | (b) | where the actions of an individual bound by a contact order have |
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| | resulted in another individual— |
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| | (i) | bound by the same contact order, |
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| | (ii) | falling under subsection (5), or |
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| | (iii) | applying under subsection (3), |
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| | | being deprived of the contact time specified in the contact order. |
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| | (2) | A court may, pursuant to subsection (1), make an order granting |
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| | additional contact time between the individual parent whose contact |
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| | order has been breached and in respect of the child of whom the contact |
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| | |
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| |
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| | (3) | An order under subsection (2) may be made only on an application by the |
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| | individual claiming to have been deprived of contact time. |
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| | (4) | In determining an application made under subsection (3), the burden of |
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| | proof shall rest on the individual claiming to have been deprived of |
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| | |
| | (5) | The additional time awarded by the court shall be either— |
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| | |
| | |
| | | the amount of time that the individual applying under subsection (3) has |
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| | |
| | (6) | This section applies to a person if he is— |
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| | (a) | the person whose contact with the child concerned is provided |
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| | for under the contact order, or |
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| | (b) | an individual subject to a condition imposed by the contact order. |
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| | (7) | The court may not make an order under subsection (2) if it is of the |
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| | opinion that the individual in breach had a reasonable excuse for failing |
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| | to comply with the contact order. |
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| | (8) | In exercising its powers under this section, a court shall have primary |
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| | regard to the welfare of the child concerned.”’. |
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| |
| | Mediation pre-child contact order where the safety of the child is not an issue |
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| | Negatived on division nc22 |
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| To move the following Clause:— |
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| | ‘Before section 8 of the Children Act 1989 (c.41) insert— |
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| | “7A | Mediation pre-child contact order |
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| | (1) | The President of the Family Division shall— |
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| | (a) | keep a register of mediators, |
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| | (b) | make regulations about the qualifications and conduct required |
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| | for registration as a mediator under this subsection. |
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| | (2) | No person may act as a mediator for the purposes of this section unless |
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| | |
| | (3) | Before the court makes an order under section 8 about contact in cases |
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| | where the safety of the child is not an issue, it must give a direction |
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| | requiring each party to attend a meeting with a mediator arranged in |
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| | accordance with the direction for the purpose of— |
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| | (a) | enabling the mediator to explain the facilities and options open |
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| | to the parents regarding parent education, parenting plans, |
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| | dispute resolution and mediation in relation to disputes over |
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| | |
| | (b) | enabling parents to resolve the dispute about contact by reaching |
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| | an agreement for the child to have reasonable contact with both |
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| | |
| | (4) | A party’s failure to attend the mediation must stand on their court record |
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| | and may form part of the basis on which the court makes an order under |
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| | |
| | (5) | The mediator must give a certificate and report to the court when, in his |
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| | opinion, the parties have— |
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| | (a) | reached a satisfactory solution, or |
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| | (b) | have failed to reach a satisfactory solution and it is clear to the |
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| | mediator that they will not. |
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| | | In either event, the parties may then continue with any application to the |
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| | court for an order under section 8.”’. |
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| |
| | Lord Chancellor’s pilot scheme |
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| To move the following Clause:— |
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| | ‘(1) | The Lord Chancellor shall require the President of the Family Division to run a |
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| | pilot scheme which will intervene before a court makes a child contact order. |
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| | (2) | The President of the Family Division shall designate courts to participate within |
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| | |
| | (3) | Courts designated under this subsection must issue— |
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| | (a) | a set of guidelines, indicating in broad terms the levels of contact |
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| | appropriate in the main categories of cases, in the absence of good reason |
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| | to the contrary, accompanied by an enjoinder to maintain reasonable |
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| | contact wherever possible; |
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| | (b) | the date of the first hearing; |
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| | (c) | an instruction to attend a meeting with a court-appointed mediator to |
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| | develop a parenting plan which must include the amount of time each |
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| | party will spend with the child; |
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| | (d) | an explanation that parties who do not file the agreed parenting plan must |
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| | |
| | (i) | attend a parent education meeting, and |
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| | (ii) | attend contact-focused dispute resolution and mediation as |
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| | decided by the court appointed mediator, |
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| | | before the parties may continue with any application for a contact order; |
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| | |
| | (e) | a statement that litigation should be a last resort. |
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| |
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| | (4) | The court shall take into account the willingness of each parent to participate in |
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| | the scheme when making subsequent child contact orders. |
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| | (5) | The pilot scheme shall start no later than six months after this Act receives Royal |
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| | Assent and shall run for no longer than two years and no less than eighteen |
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| | |
| | (6) | Within six months of the end of the pilot scheme the President of the Family |
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| | Division must present to the Lord Chancellor an evaluation of the advantages and |
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| | disadvantages of such a scheme.’. |
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| |
| | Presumption of reasonable contact in the absence of good reason to the contrary |
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| |
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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, subject to good reason to the contrary |
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| | and where the safety of the child is not an issue, the court shall act on the |
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| | presumption that the child’s interests are best served through reasonable |
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| | contact with both of his parents whether or not he is resident with either |
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| | |
| | (1B) | In determining what “reasonable contact” is in respect of subsection (1A) |
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| | the court shall have regard to the desirability of— |
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| | (a) | contact facilitating a positive and fulfilling relationship between |
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| | the parent and the child; |
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| | |
| | (c) | contact lasting for lengthy time periods; |
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| | (d) | contact with siblings; and |
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| | (e) | contact with extended family.”’. |
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| |
| | Default contact arrangements |
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| To move the following Clause:— |
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|