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| | | ‘Schedule (New Schedule 1) (which makes provision for default contact |
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| | | arrangements) has effect.’. |
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| | Page 2, line 10 [Clause 1], at end insert— |
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| | | ‘(5A) | Any information or advice given under subsection (5)(b) about making |
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| | | arrangements for contact with a child by means of mediation shall be given by an |
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| | Page 2 [Clause 1], leave out line 14. |
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| | Page 7, line 22 [Clause 4], at end insert— |
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| | | ‘(3A) | In deciding whether a person had reasonable excuse for failing to comply with a |
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| | | contact order, the court shall consider— |
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| | | (a) | the wishes and feelings of the child; |
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| | | (b) | any concerns about the safety of the child; and |
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| | | (c) | any concerns about the safety of any member of the child’s family.’. |
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| | Page 7, line 25 [Clause 4], at end insert— |
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| | | ‘(4A) | When considering whether to make an enforcement order, the Court shall have |
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| | | regard to the principle that, subject to the welfare of the child, the court acts on |
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| | | the presumption that a child’s welfare is best served through reasonable contact |
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| | | with both his parents unless good reason to the contrary is shown.’. |
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| | Page 7, line 25 [Clause 4], at end insert— |
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| | | ‘( ) | When considering whether the person has a reasonable excuse the welfare of the |
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| | | child is to be the court’s paramount consideration.’. |
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| | Page 8, line 30 [Clause 4], leave out ‘18’ and insert ‘16’. |
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| | Page 9, line 15 [Clause 4], at end insert— |
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| | | ‘(5A) | A court that proposes to make an enforcement order must order for the separate |
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| | | representation of the child, unless it is satisfied that it is not necessary to do so in |
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| | | order to safeguard his interests.’. |
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| | Page 10, line 26 [Clause 5], leave out subsections (7) and (8). |
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| | Page 11, line 17 [Clause 5], leave out ‘18’ and insert ‘16’. |
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| | Page 12, line 2, leave out Clause 7. |
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| | Page 12, line 14 [Clause 7], leave out ‘cause’ and insert ‘reasonable grounds’. |
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| | Page 12, line 17 [Clause 7], at end insert— |
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| | | ‘(2A) | Upon receiving a risk assessment the court should consider the need for the |
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| | | separate representation of the child and his interests within the proceedings.’. |
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| | Page 12, line 20 [Clause 7], after ‘child’, insert ‘and an assessment of the |
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| | differential impact upon the child of the options available to the court’. |
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| | Page 12, line 20 [Clause 7], at end insert— |
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| | | ‘(4) | All risk assessments undertaken pursuant to subsection (2) shall proceed on the |
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| | | presumption that the child’s interests are best served through reasonable contact |
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| | | with both his parents unless a good reason to the contrary is shown. |
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| | | (5) | When deciding whether there is reason to suspect that a child is at risk of harm, |
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| | | an officer of the service or a Welsh proceedings officer may only make a risk |
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| | | assessment where he has reasonable grounds to suspect that there is a significant |
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| | | risk of significant harm. |
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| | | (6) | An officer of the service or a Welsh proceedings officer may only make a risk |
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| | | assessment where he has reasonable grounds to suspect that the significant risk |
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| | | (a) | to the child’s physical safety, or |
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| | | (7) | In all other circumstances than those outlined in subsections (5) and (6), the |
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| | | Officer of the Service or a Welsh proceedings officer shall not undertake a risk |
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| | | assessment except where directed to do so by a court. |
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| | | (8) | In any risk assessment based upon the likelihood of recurrence of previous risks |
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| | | it shall be a requirement that no reliance is placed upon previous events or |
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| | | previous risks in the absence of a finding of fact that those events or risks actually |
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| | Page 13, line 21 [Clause 9], leave out subsection (3) and insert— |
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| | | ‘(3) | Before making an order in the case of a country or territory which is a Convention |
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| | | country, the Secretary of State shall consult the Hague Conference.’. |
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| | Page 13, line 29 [Clause 9], at end insert— |
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| | | ‘(c) | the central authority in the country or territory to which restrictions are to |
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| | Page 13, line 33 [Clause 9], after ‘country’, insert ‘, which should include an |
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| | explanation of why the practices in the relevant country or territory have led him to |
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| | believe that it would be contrary to public policy to further the bringing of children into |
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| | the United Kingdom in the cases mentioned in subsection (2).’. |
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| | Page 13, line 33 [Clause 9], at end insert ‘to include regular reviews on why that |
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| | declaration should still apply’. |
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| | Page 13, line 38 [Clause 9], at end insert— |
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| | | ‘(9A) | The Secretary of State must establish an appeals procedure to consider appeals |
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| | | against the decision to impose special restrictions on adoptions from abroad.’. |
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| | Page 14, line 17 [Clause 10], at end insert ‘, and |
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| | | (c) | prescribed organisations involved in adoption.’. |
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| | Page 16, line 22 [Clause 13], at end insert ‘and in so doing must have regard to the |
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| | financial circumstances of the prospective adopter.’. |
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| | Page 16, line 27 [Clause 13], at end insert— |
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| | | ‘(c) | provide a detailed breakdown of what costs have been borne to give rise |
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| | Page 17, line 28 [Clause 16], leave out from ‘(2)’ to ‘House’ in line 29 and insert |
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| | ‘shall not be made unless a draft of the instrument has been laid before, and approved by |
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| | Page 17, line 36 [Clause 17], leave out ‘Children and’ and insert ‘Child Contact |
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| | To move the following Schedule:— |
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| | | ‘Default contact arrangements |
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| | | 1 (1) | This Schedule applies where two persons having parental responsibility for a |
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| | | child under the age of 14 years are at the commencement of this Act living or |
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| | | thereafter commence to live in separate households from each other. |
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| | | (2) | In this Schedule the “resident parent” means that person with parental |
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| | | responsibility for a child specified under sub-paragraph (1) who is principally |
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| | | resident in the same household as the child; the “non-resident parent” shall |
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| | | mean the other person, with whom the child does not reside. |
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| | | (3) | The provisions of this Schedule are entirely without prejudice to the |
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| | | responsibility of the resident and non-resident parents in any case to which this |
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| | | Schedule applies to make such agreed arrangements for contact with the child |
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| | | as they may decide are appropriate in the child’s best interests. |
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| | | (4) | In any case to which this Schedule applies in it shall be the responsibility of |
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| | | both the resident and the non-resident parents— |
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| | | (a) | to endeavour to reach agreement as to such arrangements for contact |
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| | | (b) | if they are to give effect to the default contact arrangements set out in |
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| | | paragraph 4 below, to endeavour— |
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| | | (i) | to ensure that the default contact arrangements operate |
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| | | (ii) | to reach agreement as to the detailed implementation of the |
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| | | default contact arrangements; and |
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| | | (iii) | to reach agreement as to such variations to the default contact |
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| | | arrangements with regard to dates, times and delivery and |
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| | | collection arrangements as may be appropriate to suit the |
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| | | circumstances and commitments of the child, any sibling of |
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| | | the child, the resident parent and the non-resident parent. |
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| | | (5) | On any application to a court for contact with any child the way in which the |
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| | | resident and non-resident parent have each discharged the responsibility set |
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| | | out in paragraph 1(4) shall be a circumstance which it shall be relevant for the |
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| | | 2 | In any case where the resident parent and the non-resident parent commence |
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| | | living in separate households after the commencement of this Act they shall be |
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| | | deemed to have agreed upon such separation to the arrangements for contact |
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| | | between the child and the non-resident parent set out in paragraph 4 below |
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| | | (“the default contact arrangements”) and such arrangements shall be put into |
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| | | effect from the date of such separation unless and until either— |
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| | | (a) | the resident parent and the non-resident parent have agreed alternative |
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| | | arrangements for such contact; or |
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| | | (b) | a court otherwise orders. |
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| | | 3 | In any case where the resident parent and the non-resident parent are already |
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| | | living in separate households at the commencement of this Act they shall be |
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| | | deemed to have agreed at the date of such commencement to the arrangements |
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| | | for contact betwen the child and the non-resident parent set out in paragraph 4 |
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| | | below (“the default contact arrangements”) and such arrangements shall be put |
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| | | into effect unless and until either— |
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| | | (a) | the resident parent and the non-resident parent have agreed alternative |
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| | | arrangements for such contact; or |
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| | | (b) | a court otherwise orders. |
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| | | 4 | The default contact arrangements to which paragraphs 2 and 3 above refer shall |
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| | | (1) | In the case of an infant under one year old, the child shall visit the non-resident |
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| | | parent every Sunday between 9 a.m. and 5 p.m.; and the resident and non- |
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| | | resident parents shall share responsibility for transport of the child between |
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| | | |
| | | (2) | In the case of any child who has attained the age of one year but is not yet in |
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| | | full-time education, the child shall— |
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| | | (a) | stay with the non-resident parent on alternate weekends from 10 a.m. |
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| | | on Saturday until 5 p.m. on Sunday; |
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| | | (b) | visit the non-resident parent from 2 p.m. until 5 p.m. every |
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| | | (c) | stay with the non-resident parent for seven weeks’ holiday per year, on |
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| | | dates to be agreed between the resident and non-resident parents or, in |
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| | | default of such an agreement, determined by a court; and |
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| | | (d) | the resident and non-resident parents shall share responsibility for |
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| | | transport of the child between their homes. |
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| | | (3) | In the case of any child in full-time education who has not yet attained the age |
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| | | of fourteen years, the child shall— |
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| | | (a) | stay with the non-resident parent on alternate weekends from after the |
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| | | child finishes school on Friday until 6 p.m. on Sunday; |
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| | | (b) | visit the non-resident parent from 4 p.m. until 6 p.m. every |
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| | | (c) | stay with the non-resident parent for seven weeks’ holiday per year, of |
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| | | which at least ten days shall be in the Christmas school holidays, ten |
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| | | days shall be in the Easter school holidays; and the balance in the |
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| | | summer school holidays, the precise dates to be agreed between the |
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| | | resident and non-resident parents or, in default of such agreements, |
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| | | determined by a court; and |
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| | | (d) | the resident and non-resident parents shall share responsibility for |
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| | | transport of the child between their homes and/or the child’s school. |
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| | | 5 | This Schedule shall not apply in circumstances where allegations of child |
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| | | abuse are made in such form as the Secretary of State may by order prescribe.’. |
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| | | Bill read the third time on division and passed with an Amendment. |
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