sc0962103.236-242

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B.  Standing Committee Proceedings: 21st March 2006
236

Children and Adoption Bill–[ [], continued

(b)
a person falling within subsection (6) has been deprived of

contact time by reason of the breach,


it may make an order granting additional contact time between the person

and the child concerned with a view to mitigating the effect of the breach.

(3)
The court may not make an order under subsection (2) if it is satisfied that

the individual in breach had a reasonable excuse for failing to comply

with the contact order.

(4)
The burden of proof as to the matter mentioned in subsection (3) lies on

the individual claiming to have had a reasonable excuse.

(5)
An order under subsection (2) may be made only on an application by the

person who claims to have been deprived of contact time.

(6)
A person falls within this subsection if he is—

(a)
the person who is, for the purposes of the contact order, the

person with whom the child concerned lives or is to live,

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

for in the contact order,

(c)
an individual subject to a condition under section 11(7)(b) or a

contact activity condition imposed by the contact order, or

(d)
the child concerned.

(7)
Where the person proposing to apply for an order under subsection (2) is

the child concerned, the child must obtain the leave of the court before

making such an application.

(8)
The court may grant leave to the child concerned only if it is satisfied that

he has sufficient understanding to make the proposed application.

(9)
Subsection (2) has effect subject to the restrictions in section 11S.

(10)
Proceedings in which any question of making an order under subsection

(2) arises are to be regarded for the purposes of section 11(1) and (2) as

proceedings in which a question arises with respect to a section 8 order.

(11)
In exercising its powers under this section, a court must treat as

paramount the interests of the child concerned.”’.

Orders under section 11(2): further provision

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Not called  NC7

To move the following Clause:—

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

S.C.B.  Standing Committee Proceedings: 21st March 2006
237

Children and Adoption Bill–[ [], continued

“11R
Orders under section 11Q: further provision

(1)
A court may not make an order under section 11Q(2) granting additional

contact time between a person and the child concerned following the

failure by an individual to comply with a contact order unless it is

satisfied that before the failure occurred the individual had been given (in

accordance with rules of court) a copy of, or otherwise informed of the

terms of—

(a)
in the case of a failure to comply with a contact order that was

varied before the failure occurred, a notice under seciton 11I

relating to the order varying the contact order or, where more

than one such order has been made, the last order proceeding the

failure in question, and

(b)
in any other case, a notice under section 11I relating to the

contact order.

(2)
A court may make an order under section 11Q(2) in pursuance of a failure

by an individual to comply with a contact order where the failure

occurred before the individual attained the age of 18.

(3)
A court may not make an order under section 11Q(2) in respect of a

failure by an individual to comply with a contact order that is an excepted

order (within the meaning given in section 11B(4)).”’.

Presumption in favour of co-parenting

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Read a second time on division  NC8

To move the following Clause:—

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

“(1A)
In respect of subsection (1)(a) the court shall, unless a contrary reason be

shown, act on the presumption that a child’s welfare is best served

through residence with his parents and, if his parents are not living

together, through residence with one of them and through both of them

being as fully and equally involved in his parenting as possible.”’.

S.C.B.  Standing Committee Proceedings: 21st March 2006
238

Children and Adoption Bill–[ [], continued

Frequent and continuing contact

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Not selected  NC9

To move the following Clause:—

‘After section 11(1)(9)(b) of the Children Act 1989 (c. 41) insert—

“(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.”’.

Reasonable contact

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Not called  NC11

To move the following Clause:—

‘In section 8(1) of the Children Act 1989 (c. 41), for the definition of “a contact

order”, substitute—

““a contact order” means an order requiring the person with whom a child

lives, or is to live, to have reasonable contact with the person named in

the order in the absence of good reason to the contrary and subject to

section 1(1A) of this Act.”’.

Reasonable contact: no order principle

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Not called  NC12

To move the following Clause:—

‘After section 1(5) of the Children Act 1989 (c. 41) insert—

“(6)
The “no order” principle in section 1(5) shall be construed subject to

section 1(1A) of this Act whereby it shall be presumed that making

making an order for reasonable contact with the parents is, in the absence

S.C.B.  Standing Committee Proceedings: 21st March 2006
239

Children and Adoption Bill–[ [], continued

of good reason to the contrary, better for the child than making no order

at all.”’.

Pre-court dispute resolution and mediation when the safety of the child is not an issue

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Not called  nc13

To move the following Clause:—

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

“7A
Dispute resolution and mediation before making a child contact order

(1)
The President of the Family Division shall keep a register of mediators.

(2)
The President may make regulations about the qualifications and conduct

required for registration as a mediator under subsection (1).

(3)
A person may not act as a mediator for the purposes of this section unless

he is on the register.

(4)
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 parties regarding parent education, parenting plans,

dispute resolution and mediation in relation to disputes over

child contact, and

(b)
enabling a timetable for dispute resolution and mediation

discussions with a mediator regarding reasonable child contact

for both parents.

(5)
The parties shall be required to attend the same meeting unless the court

considers separate meetings to be more appropriate.

(6)
The court may not issue a direction under subsection (4) unless it has

issued a parenting time plan to each party, as provided for in section

(Parenting time plans) of the Children and Adoption Act 2006.

(7)
After a meeting held pursuant to a direction under subsection (4), the

parties must attend such a course of dispute resolution and mediation as

the mediator considers appropriate.

(8)
A party’s failure to attend the mediation will stand on their court record

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

section 8.

(9)
The mediator must give a certificate when, in his opinion, the parties

have—

(a)
reached a satisfactory solution, or

S.C.B.  Standing Committee Proceedings: 21st March 2006
240

Children and Adoption Bill–[ [], continued

(b)
failed to reach a satisfactory solution.


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

court for an order under section 8.”’.

Welfare of the child: contact with parents

Annette Brooke

Sandra Gidley

Not called  nc14

To move the following Clause:—

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

“(h)
the right of the child who is separated from one or both parents to

maintain personal relations and direct contact with both parents on a

regular basis, except if it is contrary to the child’s best interests.”’.

Default contact arrangements

Annette Brooke

Sandra Gidley

Not selected  nc15

To move the following Clause:—

‘(1)
In the case of any child, following the separation of those having parental

responsibility for that child, default contact arrangements appropriate for that

child shall be deemed to have been agreed between those having parental

responsibility for the child unless and until either—

(a)
those with parental responsibility for the child agree any other contact

arrangements for the child (with or without the assistance of a mediator

or other outside agency), or

(b)
the court otherwise determines having regard to section 1(1) of the

Children Act 1989 (c. 41).

(2)
Those having parental responsiblity, in making an agreement on contact

arrangements, and the court in making any order, shall have regard to the child’s

right for its views to be heard under article 12 of the United Nations Convention

on the Rights of the Child.

(3)
If a person having parental responsibility for a child applies for an order which

would have the effect of excluding contact between the child and any other such

person, the court shall deal with any such application as quickly as reasonably

practicable, (having regard to the requirements of section 7 of the Children Act

1989).’.

S.C.B.  Standing Committee Proceedings: 21st March 2006
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Children and Adoption Bill–[ [], continued

UN Convention on the Rights of the Child

Annette Brooke

Sandra Gidley

Not called  nc16

To move the following Clause:—

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

“(h)
Article 9 of the UN Convention on the Rights of the Child.”’.

Allocation of cases

Mr David Kidney

Not called  nc17

To move the following Clause:—

‘(1)
In any family proceedings in which a court has power to make an order with

respect to a child, when allocating proceedings the court shall, upon receipt of an

application relating to a child, have regard to—

(a)
minimising delay to proceedings, and

(b)
minimising the cost of proceedings, as far as is reasonably practicable.

(2)
In deciding how to allocate proceedings in accordance with subsection (1), a court

shall have regard to the availability of—

(a)
mediation provided by an independent third party,

(b)
mediation and conciliation provided in court,

(c)
court time for the early determination of any disputed questions that arise

within the proceedings, and

(d)
the range of provisions available for providing the court with further

information before making any decision.

(3)
In deciding how to allocate proceedings in accordance with this section, a court

shall have regard to any risk assessment provided in acccordance with section

16A of the Children Act 1989 (c. 41) and shall, in the absence of such an

assessment, consider whether to request such an assessment before proceeding.

(4)
Rules of court may be made in order to set out the procedure for arranging

hearings and making decisions in accordance with this section, including—

(a)
the making of any application to a court,

(b)
the arrangements for any hearing,

(c)
the timing of hearings,

(d)
the notification of any decisions made to the parties involved and others,

and

(e)
any other matter ancillary thereto.

(5)
At any stage in any family proceedings to which this section relates the court may,

upon the application of any party or of its own motion, arrange a further hearing

to consider further the arrangements for the allocation of the case.’.

S.C.B.  Standing Committee Proceedings: 21st March 2006
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Children and Adoption Bill–[ [], continued

Provision as to family assistance orders

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Not called  nc18

To move the following Clause:—

‘In the circumstances where a family assistance order is made, the officer

concerned will proceed on the presumption that the child’s interests are best

served through reasonable contact with both his parents unless good reason to the

contrary is shown.’.

Presumption of reasonable contact

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Not called  nc19

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 and subject to the welfare of the child,

the court shall act on the presumption that the child’s interest are best

served through reasonable contact with both his parents in the absence of

good reason to the contrary.”’.

Reasonable contact: welfare checklist

Tim Loughton

Mrs Maria Miller

Mr Stewart Jackson

Jeremy Wright

Mr David Evennett

Not called  nc20

To move the following Clause:—

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