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Children Act 1989

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GeneralE+W

8 [F1Child arrangements orders] and other orders with respect to children.E+W

(1)In this Act —

  • "[F2child arrangements order" means an order regulating arrangements relating to any of the following—

    (a)

    with whom a child is to live, spend time or otherwise have contact, and

    (b)

    when a child is to live, spend time or otherwise have contact with any person;]

  • F3...

  • a prohibited steps order” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court;

  • F3...

  • a specific issue order” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.

(2)In this Act “a section 8 order” means any of the orders mentioned in subsection (1) and any order varying or discharging such an order.

(3)For the purposes of this Act “family proceedings” means any proceedings—

(a)under the inherent jurisdiction of the High Court in relation to children; and

(b)under the enactments mentioned in subsection (4),

but does not include proceedings on an application for leave under section 100(3).

(4)The enactments are—

(a)Parts I, II and IV of this Act;

(b)the M1Matrimonial Causes Act 1973;

[F4(ba)Schedule 5 to the Civil Partnership Act 2004;]

[F5(c) the M2 Domestic Violence and Matrimonial Proceedings Act 1976;

(d)the Adoption and Children Act 2002;]

(e)the M3Domestic Proceedings and Magistrates’ Courts Act 1978;

[F6(ea)Schedule 6 to the Civil Partnership Act 2004;]

[F5(f) sections 1 and 9 of the M4 Matrimonial Homes Act 1983; ]

(g)Part III of the M5Matrimonial and Family Proceedings Act 1984.

F7 [( h )the Family Law Act 1996]

[F8(i)sections 11 and 12 of the Crime and Disorder Act 1998.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 8 heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 3; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F2Words in s. 8(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 12(3), 139(6); S.I. 2014/889, art. 4(b) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F3Words in s. 8(1) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 12(2), 139(6); S.I. 2014/889, art. 4(b) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F8S. 8(4)(i) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 68; S.I. 1998/2327, art. 2(1)(y)(2)(u) (subject to arts. 5-8)

Commencement Information

I1S. 8 wholly in force at the 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

9 Restrictions on making section 8 orders.E+W

(1)No court shall make any section 8 order, other than a [F9child arrangements order to which subsection (6B) applies], with respect to a child who is in the care of a local authority.

(2)No application may be made by a local authority for a [F10child arrangements] order and no court shall make such an order in favour of a local authority.

(3)A person who is, or was at any time within the last six months, a local authority foster parent of a child may not apply for leave to apply for a section 8 order with respect to the child unless—

(a)he has the consent of the authority;

(b)he is a relative of the child; or

(c)the child has lived with him for at least [F11one year] preceding the application.

(4)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)No court shall exercise its powers to make a specific issue order or prohibited steps order—

(a)with a view to achieving a result which could be achieved by making a [F13child arrangements] order [F14 or an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact)]; or

(b)in any way which is denied to the High Court (by section 100(2)) in the exercise of its inherent jurisdiction with respect to children.

(6)[F15No court shall make a [F16section 8] order ] which will end after the child has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.

[F17(6A)Subsection (6) does not apply to a child arrangements order to which subsection (6B) applies.

(6B)This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.]

(7)No court shall make any section 8 order, other than one varying or discharging such an order, with respect to a child who has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9Words in s. 9(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F10Words in s. 9(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F11Words in s. 9(3)(c) substituted (30.12.2005) by 2002 c. 38, ss. 113(a), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F13Words in s. 9(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F14Words in s. 9(5)(a) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 9(7), 139(6); S.I. 2014/889, art. 4(a) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F15Words in s. 9(6) substituted (1.9.2009) for the words from the beginning to "which" by virtue of Children and Young Persons Act 2008 (c. 23), ss. 37(1), 44; S.I. 2009/1921, art. 2(b); S.I. 2009/2273, art. 2(2)(k)

F16Words in s. 9(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F17S. 9(6A)(6B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I2S. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

10 Power of court to make section 8 orders.E+W

(1)In any family proceedings in which a question arises with respect to the welfare of any child, the court may make a section 8 order with respect to the child if—

(a)an application for the order has been made by a person who—

(i)is entitled to apply for a section 8 order with respect to the child; or

(ii)has obtained the leave of the court to make the application; or

(b)the court considers that the order should be made even though no such application has been made.

(2)The court may also make a section 8 order with respect to any child on the application of a person who—

(a)is entitled to apply for a section 8 order with respect to the child; or

(b)has obtained the leave of the court to make the application.

(3)This section is subject to the restrictions imposed by section 9.

(4)The following persons are entitled to apply to the court for any section 8 order with respect to a child—

(a)any parent [F18, guardian or special guardian] of the child;

[F19(aa)any person who by virtue of section 4A has parental responsibility for the child;]

[F20(b)any person who is named, in a child arrangements order that is in force with respect to the child, as a person with whom the child is to live.]

(5)The following persons are entitled to apply for a [F21child arrangements] order with respect to a child—

(a)any party to a marriage (whether or not subsisting) in relation to whom the child is a child of the family;

[F22(aa)any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;]

(b)any person with whom the child has lived for a period of at least three years;

(c)any person who—

[F23(i)in any case where a child arrangements order in force with respect to the child regulates arrangements relating to with whom the child is to live or when the child is to live with any person, has the consent of each of the persons named in the order as a person with whom the child is to live;]

(ii)in any case where the child is in the care of a local authority, has the consent of that authority; or

(iii)in any other case, has the consent of each of those (if any) who have parental responsibility for the child.

[F24(d)any person who has parental responsibility for the child by virtue of provision made under section 12(2A).]

[F25(5A)A local authority foster parent is entitled to apply for a [F26child arrangements order to which subsection (5C) applies ] with respect to a child if the child has lived with him for a period of at least one year immediately preceding the application.]

[F27(5B)A relative of a child is entitled to apply for a [F28child arrangements order to which subsection (5C) applies ] with respect to the child if the child has lived with the relative for a period of at least one year immediately preceding the application.]

[F29(5C)This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.]

(6)A person who would not otherwise be entitled (under the previous provisions of this section) to apply for the variation or discharge of a section 8 order shall be entitled to do so if—

(a)the order was made on his application; or

(b)in the case of a [F30child arrangements] order, he is named in [F31provisions of the order regulating arrangements relating to—

(i)with whom the child concerned is to spend time or otherwise have contact, or

(ii)when the child is to spend time or otherwise have contact with any person.]

(7)Any person who falls within a category of person prescribed by rules of court is entitled to apply for any such section 8 order as may be prescribed in relation to that category of person.

[F32(7A)If a special guardianship order is in force with respect to a child, an application for a [F33child arrangements order to which subsection (7B) applies ] may only be made with respect to him, if apart from this subsection the leave of the court is not required, with such leave.]

[F34(7B)This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.]

(8)Where the person applying for leave to make an application for a section 8 order is the child concerned, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application for the section 8 order.

(9)Where the person applying for leave to make an application for a section 8 order is not the child concerned, the court shall, in deciding whether or not to grant leave, have particular regard to—

(a)the nature of the proposed application for the section 8 order;

(b)the applicant’s connection with the child;

(c)any risk there might be of that proposed application disrupting the child’s life to such an extent that he would be harmed by it; and

(d)where the child is being looked after by a local authority—

(i)the authority’s plans for the child’s future; and

(ii)the wishes and feelings of the child’s parents.

(10)The period of three years mentioned in subsection (5)(b) need not be continuous but must not have begun more than five years before, or ended more than three months before, the making of the application.

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Amendments (Textual)

F18Words in s. 10(4)(a) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 56(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F19S. 10(4)(aa) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 56(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F20S. 10(4)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F21Words in s. 10(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F23S. 10(5)(c)(i) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F24S. 10(5)(d) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F26Words in s. 10(5A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F28Words in s. 10(5B) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F29S. 10(5C) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F30Words in s. 10(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(6)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F31Words in s. 10(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(6)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F33Words in s. 10(7A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F34S. 10(7B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I3S. 10 wholly in force at the 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

11 General principles and supplementary provisions.E+W

(1)In proceedings in which any question of making a section 8 order, or any other question with respect to such an order, arises, the court shall (in the light of any [F35provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) ]

(a)draw up a timetable with a view to determining the question without delay; and

(b)give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.

(2)Rules of court may—

(a)specify periods within which specified steps must be taken in relation to proceedings in which such questions arise; and

(b)make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that such questions are determined without delay.

(3)Where a court has power to make a section 8 order, it may do so at any time during the course of the proceedings in question even though it is not in a position to dispose finally of those proceedings.

F36(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where—

(a)a [F37child arrangements] order has been made with respect to a child; and

(b)[F38the child has] two parents who each have parental responsibility for him,

the[F39order, so far as it has the result that there are times when the child lives or is to live with one of the parents,] shall cease to have effect if the parents live together for a continuous period of more than six months.

(6)[F40A child arrangements order made with respect to a child, so far as it provides for the child to spend time or otherwise have contact with one of the child's parents at times when the child is living with the child's other parent, ] shall cease to have effect if the parents live together for a continuous period of more than six months.

(7)A section 8 order may—

(a)contain directions about how it is to be carried into effect;

(b)impose conditions which must be complied with by any person—

[F41(i)who is named in the order as a person with whom the child concerned is to live, spend time or otherwise have contact;]

(ii)who is a parent of the child F42...;

(iii)who is not a parent of his but who has parental responsibility for him; or

(iv)with whom the child is living,

and to whom the conditions are expressed to apply;

(c)be made to have effect for a specified period, or contain provisions which are to have effect for a specified period;

(d)make such incidental, supplemental or consequential provision as the court thinks fit.

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Amendments (Textual)

F35Words in s. 11(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(5), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F36S. 11(4) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F37Words in s. 11(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F38Words in s. 11(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F39Words in s. 11(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F40Words in s. 11(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F41S. 11(7)(b)(i) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F42Word in s. 11(7)(b)(ii) omiited (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Modifications etc. (not altering text)

C1S. 11(3) restricted (14. 10. 1991) by S.I. 1991/1395, r.28

Commencement Information

I4S. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F4411AF43... Activity directionsE+W

[F45(1)Subsection (2) applies in proceedings in which the court is considering whether to make provision about one or more of the matters mentioned in subsection (1A) by making—

(a)a child arrangements order with respect to the child concerned, or

(b)an order varying or discharging a child arrangements order with respect to the child concerned.

(1A)The matters mentioned in this subsection are—

(a)with whom a child is to live,

(b)when a child is to live with any person,

(c)with whom a child is to spend time or otherwise have contact, and

(d)when a child is to spend time or otherwise have contact with any person.

(2)The court may make an activity direction in connection with the provision that the court is considering whether to make.

(2A)Subsection (2B) applies in proceedings in which subsection (2) does not apply and in which the court is considering—

(a)whether a person has failed to comply with a provision of a child arrangements order, or

(b)what steps to take in consequence of a person's failure to comply with a provision of a child arrangements order.

(2B)The court may make an activity direction in connection with that provision of the child arrangements order.

(3)An activity direction is a direction requiring an individual who is a party to the proceedings concerned to take part in an activity that would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of—

(a)that individual, or

(b)another individual who is a party to the proceedings.]

(4)The direction is to specify the activity and the person providing the activity.

(5)The activities that may be so required include, in particular—

(a)programmes, classes and counselling or guidance sessions of a kind that—

(i)may assist a person as regards establishing, maintaining or improving [F46involvement in a child's life];

(ii)may, by addressing a person's violent behaviour, enable or facilitate [F47involvement in a child's life];

(b)sessions in which information or advice is given as regards making or operating arrangements for [F48involvement in a child's life], including making arrangements by means of mediation.

(6)No individual may be required by [F49an] activity direction—

(a)to undergo medical or psychiatric examination, assessment or treatment;

(b)to take part in mediation.

(7)A court may not on the same occasion—

(a)make [F50an activity direction under subsection (2) ], and

(b)dispose finally of the proceedings as they relate to [F51the matters mentioned in subsection (1A) in connection with which the activity direction is made].

(8)[F52Each of subsections (2) and (2B)] has effect subject to the restrictions in sections 11B and 11E.

(9)In considering whether to make [F53an]activity direction, the welfare of the child concerned is to be the court's paramount consideration.]

[F54(7A)A court may not on the same occasion—

(a)make an activity direction under subsection (2B), and

(b)dispose finally of the proceedings as they relate to failure to comply with the provision in connection with which the activity direction is made.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F43Word in s. 11A(9) omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(9); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F45Ss. 11A(1)(1A)(2)(2A)(2B)(3) substituted for ss. 11A(1)-(3) (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F46Words in s. 11A(5)(a)(i) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F47Words in s. 11A(5)(a)(ii) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F48Words in s. 11A(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F49Word in s. 11A(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F50Words in s. 11A(7)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F51Words in s. 11A(7)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F52Words in s. 11A(8) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F53Word in s. 11A(9) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F54S. 11A(7A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F5611BF55... Activity directions: further provisionE+W

(1)A court may not make [F57an activity direction under section 11A(2) in connection with any matter mentioned in section 11A(1A) ] unless there is a dispute as regards the provision [F58about that matter] that the court is considering whether to make in the proceedings.

(2)A court may not make [F59an] activity direction requiring an individual who is a child to take part in an activity unless the individual is a parent of the child in relation to whom the court is considering provision [F60about a matter mentioned in section 11A(1A)].

(3)A court may not make [F61an activity] activity direction in connection with the making, variation or discharge of a [F62child arrangements order ], if the[F62child arrangements order ] is, or would if made be, an excepted order.

(4)A [F63child arrangements order ] with respect to a child is an excepted order if—

(a)it is made in proceedings that include proceedings on an application for a relevant adoption order in respect of the child; or

(b)it makes provision as regards contact between the child and a person who would be a parent or relative of the child but for the child's adoption by an order falling within subsection (5).

(5)An order falls within this subsection if it is—

(a)a relevant adoption order;

(b)an adoption order, within the meaning of section 72(1) of the Adoption Act 1976, other than an order made by virtue of section 14 of that Act on the application of a married couple one of whom is the mother or the father of the child;

(c)a Scottish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made—

(i)by virtue of section 14 of the Adoption (Scotland) Act 1978 on the application of a married couple one of whom is the mother or the father of the child, or

(ii)by virtue of section 15(1)(aa) of that Act; or

[F64(iii) by virtue of an application under section   30 of the Adoption and Children (Scotland) Act 2007 where subsection   (3) of that section applies; or ]

(d)a Northern Irish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made by virtue of Article 14 of the Adoption (Northern Ireland) Order 1987 on the application of a married couple one of whom is the mother or the father of the child.

(6)A relevant adoption order is an adoption order, within the meaning of section 46(1) of the Adoption and Children Act 2002, other than an order made—

(a)on an application under section 50 of that Act by a couple (within the meaning of that Act) one of whom is the mother or the father of the person to be adopted, or

(b)on an application under section 51(2) of that Act.

(7)A court may not make [F65an] activity direction in relation to an individual unless the individual is habitually resident in England and Wales; and a direction ceases to have effect if the individual subject to the direction ceases to be habitually resident in England and Wales.]

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Amendments (Textual)

F55Word in s. 11B omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F57Words in s. 11B(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F58Words in s. 11B(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F59Word in s. 11B(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F60Words in s. 11B(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F61Words in s. 11B(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F62Words in s. 11B(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F63Words in s. 11B(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F65Word in s. 11B(7) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F6611CF67... Activity conditionsE+W

(1)This section applies if in any family proceedings the court makes—

[F68(a)a child arrangements order containing—

(i)provision for a child to live with different persons at different times,

(ii)provision regulating arrangements relating to with whom a child is to spend time or otherwise have contact, or

(iii)provision regulating arrangements relating to when a child is to spend time or otherwise have contact with any person; or

(b)an order varying a child arrangements order so as to add, vary or omit provision of a kind mentioned in paragraph (a)(i), (ii) or (iii).]

(2)The [F69child arrangements order ] may impose, or the [F69child arrangements order ] may be varied so as to impose, a condition [F70(an “activity condition”) ] requiring an individual falling within subsection (3) to take part in an activity that [F71would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of—

(a)that individual, or

(b)another individual who is a party to the proceedings.]

(3)An individual falls within this subsection if he is—

(a)for the purposes of the [F72child arrangements order] so made or varied, [F73a person] with whom the child concerned lives or is to live;

(b)[F74a person] whose contact with the child concerned is provided for in that order; or

(c)a person upon whom that order imposes a condition under section 11(7)(b).

(4)The condition is to specify the activity and the person providing the activity.

(5)Subsections (5) and (6) of section 11A have effect as regards the activities that may be required by [F75an] activity condition as they have effect as regards the activities that may be required by [F75an] activity direction.

(6)Subsection (2) has effect subject to the restrictions in sections 11D and 11E.]

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Amendments (Textual)

F67Word in s. 11C omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F68S. 11C(1)(a)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F69Words in s. 11C(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F70Words in s. 11C(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F71Words in s. 11C(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F72Words in s. 11C(3)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(4)(a)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F73Words in s. 11C(3)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(4)(a)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F74Words in s. 11C(3)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F75Word in s. 11C(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F7611DF77... Activity conditions: further provisionE+W

(1)A [F78child arrangements order] may not impose [F79an activity ] condition on an individual who is a child unless the individual is a parent of the child concerned.

(2)If a [F80child arrangements order] is an excepted order (within the meaning given by section 11B(4)), it may not impose (and it may not be varied so as to impose) a [F81an activity] condition.

(3)A [F82child arrangements order] may not impose [F83an activity ] condition on an individual unless the individual is habitually resident in England and Wales; and a condition ceases to have effect if the individual subject to the condition ceases to be habitually resident in England and Wales.]

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Amendments (Textual)

F77Word in s. 11D omiited (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F78Words in s. 11D(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F79Words in s. 11D(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F80Words in s. 11D(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F81Words in s. 11D(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F82Words in s. 11D(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F83Words in s. 11D(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F8511EF84...Activity directions and conditions: makingE+W

(1)Before making [F86an activity] direction (or imposing [F86an activity] condition by means of a [F87child arrangements order ]), the court must satisfy itself as to the matters falling within subsections (2) to (4).

(2)The first matter is that the activity proposed to be specified is appropriate in the circumstances of the case.

(3)The second matter is that the person proposed to be specified as the provider of the activity is suitable to provide the activity.

(4)The third matter is that the activity proposed to be specified is provided in a place to which the individual who would be subject to the direction (or the condition) can reasonably be expected to travel.

(5)Before making such a direction (or such an order), the court must obtain and consider information about the individual who would be subject to the direction (or the condition) and the likely effect of the direction (or the condition) on him.

(6)Information about the likely effect of the direction (or the condition) may, in particular, include information as to—

(a)any conflict with the individual's religious beliefs;

(b)any interference with the times (if any) at which he normally works or attends an educational establishment.

(7)The court may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) to (5); and it shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any such request.

(8) In this section “ specified ” means specified in [F88an] activity direction (or in [F88an] activity condition). ]

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Amendments (Textual)

F84Word in s. 11E heading omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F86Words in s. 11E(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F87Words in s. 11E(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F88Word in s. 11E(8) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F8911FF90... Activity directions and conditions: financial assistanceE+W

(1)The Secretary of State may by regulations make provision authorising him to make payments to assist individuals falling within subsection (2) in paying relevant charges or fees.

(2)An individual falls within this subsection if he is required by [F91an activity] direction or condition to take part in an activity that [F92is expected to help to establish, maintain or improve the involvement of that or another individual in the life of ] a child, not being a child ordinarily resident in Wales.

(3)The National Assembly for Wales may by regulations make provision authorising it to make payments to assist individuals falling within subsection (4) in paying relevant charges or fees.

(4)An individual falls within this subsection if he is required by [F91an activity] direction or condition to take part in an activity that [F93is expected to help to establish, maintain or improve the involvement of that or another individual in the life of ] a child who is ordinarily resident in Wales.

(5)A relevant charge or fee, in relation to an activity required by [F91an activity] direction or condition, is a charge or fee in respect of the activity payable to the person providing the activity.

(6)Regulations under this section may provide that no assistance is available to an individual unless—

(a)the individual satisfies such conditions as regards his financial resources as may be set out in the regulations;

(b)the activity in which the individual is required by [F91an activity] direction or condition to take part is provided to him in England or Wales;

(c)where the activity in which the individual is required to take part is provided to him in England, it is provided by a person who is for the time being approved by the Secretary of State as a provider of activities required by [F91an activity] direction or condition;

(d)where the activity in which the individual is required to take part is provided to him in Wales, it is provided by a person who is for the time being approved by the National Assembly for Wales as a provider of activities required by a [F91an activity] direction or condition.

(7)Regulations under this section may make provision—

(a)as to the maximum amount of assistance that may be paid to or in respect of an individual as regards an activity in which he is required by a [F91an activity] direction or condition to take part;

(b)where the amount may vary according to an individual's financial resources, as to the method by which the amount is to be determined;

(c)authorising payments by way of assistance to be made directly to persons providing activities required by [F91an activity] direction or condition.]

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Amendments (Textual)

F90Word in s. 11F heading omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F91Words in s. 11F substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F92Words in s. 11F(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F93Words in s. 11F(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F9511GF94... Activity directions and conditions: monitoringE+W

(1)This section applies if in any family proceedings the court—

(a)makes [F96an activity ] direction in relation to an individual, or

(b)makes a [F97child arrangements order ] that imposes, or varies a [F97child arrangements order ] so as to impose, [F96an activity ] condition on an individual.

(2)The court may on making the direction (or imposing the condition by means of a [F98child arrangements order ]) ask an officer of the Service or a Welsh family proceedings officer—

(a)to monitor, or arrange for the monitoring of, the individual's compliance with the direction (or the condition);

(b)to report to the court on any failure by the individual to comply with the direction (or the condition).

(3)It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F94Word in s. 11G heading omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F96Words in s. 11G(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F97Words in s. 11G(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F98Words in s. 11G(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F9911HMonitoring contact [F100and shared residence]E+W

(1)This section applies if in any family proceedings the court makes—

[F101(a)a child arrangements order containing provision of a kind mentioned in section 11C(1)(a)(i), (ii) or (iii), or

(b)an order varying a child arrangements order so as to add, vary or omit provision of any of those kinds.]

(2)The court may ask an officer of the Service or a Welsh family proceedings officer—

(a)to monitor whether an individual falling within subsection (3) complies with [F102each provision of any of those kinds that is contained in the child arrangements order (or in the child arrangements order as varied); ]

(b)to report to the court on such matters relating to the individual's compliance as the court may specify in the request.

(3)An individual falls within this subsection if the [F103child arrangements order ] so made (or the [F103child arrangements order ] as so varied)—

[F104(za)provides for the child concerned to live with different persons at different times and names the individual as one of those persons;

(a)imposes requirements on the individual with regard to the child concerned spending time or otherwise having contact with some other person;

(b)names the individual as a person with whom the child concerned is to spend time or otherwise have contact; or]

(4)If the [F105child arrangements order] (or the [F105child arrangements order] as varied) includes [F106an activity] condition, a request under subsection (2) is to be treated as relating to the provisions of the order other than [F107the activity] condition.

(5)The court may make a request under subsection (2)—

(a)on making the [F108child arrangements order](or the order varying the [F108child arrangements order]), or

(b)at any time during the subsequent course of the proceedings as they relate to contact with the child concerned [F109or to the child's living arrangements].

(6)In making a request under subsection (2), the court is to specify the period for which the officer of the Service or Welsh family proceedings officer is to monitor compliance with the order; and the period specified may not exceed twelve months.

(7)It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2).

(8)The court may order any individual falling within subsection (3) to take such steps as may be specified in the order with a view to enabling the officer of the Service or Welsh family proceedings officer to comply with the court's request under subsection (2).

(9)But the court may not make an order under subsection (8) with respect to an individual who is a child unless he is a parent of the child with respect to whom the order falling within subsection (1) was made.

(10)A court may not make a request under subsection (2) in relation to a [F110child arrangements] order that is an excepted order (within the meaning given by section 11B(4)).]

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Amendments (Textual)

F100Words in s. 11H heading inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F101S. 11H(1)(a)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F102Words in s. 11H(2)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F103Words in s. 11H(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F104S. 11H(3)(a)(b)(za) substituted for s. 11H(3)(a)(b) (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F105Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F106Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F107Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F108Words in s. 11H(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(6)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F109Words in s. 11H(5)(b) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(6)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F110Words in s. 11H(10) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F11111I[F112Child arrangements ] orders: warning noticesE+W

Where the court makes (or varies) a [F113child arrangements] order, it is to attach to the [F113child arrangements] order (or the order varying the contact order) a notice warning of the consequences of failing to comply with the [F113child arrangements] order.]

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Amendments (Textual)

F112Words in s. 11I heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 15(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F113Words in s. 11I substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 15(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F11411JEnforcement ordersE+W

(1)This section applies if a [F115child arrangements] with respect to a child has been made.

(2)If the court is satisfied beyond reasonable doubt that a person has failed to comply with [F116a provision of the child arrangements] order, it may make an order (an “enforcement order”) imposing on the person an unpaid work requirement.

(3)But the court may not make an enforcement order if it is satisfied that the person had a reasonable excuse for failing to comply with the [F117provision ].

(4)The burden of proof as to the matter mentioned in subsection (3) lies on the person claiming to have had a reasonable excuse, and the standard of proof is the balance of probabilities.

(5)The court may make an enforcement order in relation to the [F118child arrangements order ] only on the application of—

(a)[F119a person] who is, for the purposes of the [F118child arrangements order ], the person with whom the child concerned lives or is to live;

(b)[F120a person] whose contact with the child concerned is provided for in the [F118child arrangements order ];

(c)any individual subject to a condition under section 11(7)(b) or [F121an activity] condition imposed by the [F118child arrangements order ]; or

(d)the child concerned.

(6)Where the person proposing to apply for an enforcement order in relation to a [F122child arrangements] order is the child concerned, the child must obtain the leave of the court before making such an application.

(7)The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.

(8)Subsection (2) has effect subject to the restrictions in sections 11K and 11L.

(9)The court may suspend an enforcement order for such period as it thinks fit.

(10)Nothing in this section prevents a court from making more than one enforcement order in relation to the same person on the same occasion.

(11)Proceedings in which any question of making an enforcement order, or any other question with respect to such an order, 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.

(12)In Schedule A1—

(a)Part 1 makes provision as regards an unpaid work requirement;

(b)Part 2 makes provision in relation to the revocation and amendment of enforcement orders and failure to comply with such orders.]

F123(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F115Words in s. 11J(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F116Words in s. 11J(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F117Word in s. 11J(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F118Words in s. 11J(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F119Words in s. 11J(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F120Words in s. 11J(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F121Words in s. 11J(5)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F122Words in s. 11J(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F123S. 11J(13) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 103; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F12411KEnforcement orders: further provisionE+W

(1)A court may not make an enforcement order against a person in respect of a failure to comply with a [F125provision of a child arrangements order ] unless it is satisfied that before the failure occurred the person 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 [F126a provision of a child arrangements order where the order ] was varied before the failure occurred, a notice under section 11I relating to the order varying [F127the child arrangements] order or, where more than one such order has been made, the last order preceding the failure in question;

(b)in any other case, a notice under section 11I relating to the [F128child arrangements] order.

(2)A court may not make an enforcement order against a person in respect of any failure to comply with a [F129provision of a child arrangements]order occurring before the person attained the age of 18.

(3)A court may not make an enforcement order against a person in respect of a failure to comply with a [F130provision of a child arrangements order where the child arrangements order] is an excepted order (within the meaning given by section 11B(4)).

(4)A court may not make an enforcement order against a person unless the person is habitually resident in England and Wales; and an enforcement order ceases to have effect if the person subject to the order ceases to be habitually resident in England and Wales.]

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Amendments (Textual)

F125Words in s. 11K(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F126Words in s. 11K(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F127Words in s. 11K(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F128Words in s. 11K(1)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F129Words in s. 11K(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F130Words in s. 11K(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F13111LEnforcement orders: makingE+W

(1)Before making an enforcement order as regards a person in breach of [F132a provision of a child arrangements ] order, the court must be satisfied that—

(a)making the enforcement order proposed is necessary to secure the person's compliance with the[F133child arrangements ] order or any [F133child arrangements ] order that has effect in its place;

(b)the likely effect on the person of the enforcement order proposed to be made is proportionate to the seriousness of the breach F134....

(2)Before making an enforcement order, the court must satisfy itself that provision for the person to work under an unpaid work requirement imposed by an enforcement order can be made in the local justice area in which the person in breach resides or will reside.

(3)Before making an enforcement order as regards a person in breach of a [F135provision of a child arrangements] order, the court must obtain and consider information about the person and the likely effect of the enforcement order on him.

(4)Information about the likely effect of the enforcement order may, in particular, include information as to—

(a)any conflict with the person's religious beliefs;

(b)any interference with the times (if any) at which he normally works or attends an educational establishment.

(5)A court that proposes to make an enforcement order may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) and (3).

(6)It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.

(7)In making an enforcement order in relation to a [F136child arrangements] order, a court must take into account the welfare of the child who is the subject of the contact order.]

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Amendments (Textual)

F132Words in s. 11L(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F133Words in s. 11L(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F134Words in s. 11L(1)(b) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F135Words in s. 11L(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F136Words in s. 11L(7) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F13711MEnforcement orders: monitoringE+W

(1)On making an enforcement order in relation to a person, the court is to ask an officer of the Service or a Welsh family proceedings officer—

(a)to monitor, or arrange for the monitoring of, the person's compliance with the unpaid work requirement imposed by the order;

(b)to report to the court if a report under paragraph 8 of Schedule A1 is made in relation to the person;

(c)to report to the court on such other matters relating to the person's compliance as may be specified in the request;

(d)to report to the court if the person is, or becomes, unsuitable to perform work under the requirement.

(2)It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.]

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Amendments (Textual)

[F13811NEnforcement orders: warning noticesE+W

Where the court makes an enforcement order, it is to attach to the order a notice warning of the consequences of failing to comply with the order.]

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Amendments (Textual)

[F13911OCompensation for financial lossE+W

(1)This section applies if a [F140child arrangements] order with respect to a child has been made.

(2)If the court is satisfied that—

(a)an individual has failed to comply with [F141a provision of the child arrangements] order, and

(b)a person falling within subsection (6) has suffered financial loss by reason of the breach,

it may make an order requiring the individual in breach to pay the person compensation in respect of his financial loss.

(3)But 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 [F142particular provision of the child arrangements] 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 suffered financial loss.

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

(a)[F143a person] who is, for the purposes of the [F144child arrangements order], [F143a person] with whom the child concerned lives or is to live;

(b)[F145a person] whose contact with the child concerned is provided for in the [F144child arrangements order];

(c)an individual subject to a condition under section 11(7)(b) or [F146an 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)The amount of compensation is to be determined by the court, but may not exceed the amount of the applicant's financial loss.

(10)In determining the amount of compensation payable by the individual in breach, the court must take into account the individual's financial circumstances.

(11)An amount ordered to be paid as compensation may be recovered by the applicant as a civil debt due to him.

(12)Subsection (2) has effect subject to the restrictions in section 11P.

(13)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.

(14)In exercising its powers under this section, a court is to take into account the welfare of the child concerned.]

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Amendments (Textual)

F140Words in s. 11O(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F141Words in s. 11O(2)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F142Words in s. 11O(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F143Words in s. 11O(6)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F144Words in s. 11O(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F145Words in s. 11O(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F146Words in s. 11O(6)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F14711POrders under section 11O(2): further provisionE+W

(1)A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a [F148provision of a child arrangements 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 [F149 a provision of a child arrangements order where the order]was varied before the failure occurred, a notice under section 11I relating to the order varying [F150the child arrangements] order or, where more than one such order has been made, the last order preceding the failure in question;

(b)in any other case, a notice under section 11I relating to the [F151child arrangements] order.

(2)A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a [F152provision of a child arrangements ] order where the failure occurred before the individual attained the age of 18.

(3)A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a [F153provision of a child arrangements order where the child arrangements order] is an excepted order (within the meaning given by section 11B(4)).]

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Amendments (Textual)

F148Words in s. 11P(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F149Words in s. 11P(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F150Words in s. 11P(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F151Words in s. 11P(1)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F152Words in s. 11P(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F153Words in s. 11P(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

12[F154Child arrangements] orders and parental responsibility.E+W

[F155(1)Where—

(a)the court makes a child arrangements order with respect to a child,

(b)the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to live, and

(c)the father, or the woman, would not otherwise have parental responsibility for the child,

the court must also make an order under section 4 giving the father, or under section 4ZA giving the woman, that responsibility.

(1A)Where—

(a)the court makes a child arrangements order with respect to a child,

(b)the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to spend time or otherwise have contact but is not named in the order as a person with whom the child is to live, and

(c)the father, or the woman, would not otherwise have parental responsibility for the child,

the court must decide whether it would be appropriate, in view of the provision made in the order with respect to the father or the woman, for him or her to have parental responsibility for the child and, if it decides that it would be appropriate for the father or the woman to have that responsibility, must also make an order under section 4 giving him, or under section 4ZA giving her, that responsibility.]

(2)Where the court makes a [F156child arrangements order and a person who is not a] parent or guardian of the child concerned [F157 is named in the order as a person with whom the child is to live, ]that person shall have parental responsibility for the child while the [F158order remains in force so far as providing for the child to live with that person].

[F159(2A)Where the court makes a child arrangements order and—

(a)a person who is not the parent or guardian of the child concerned is named in the order as a person with whom the child is to spend time or otherwise have contact, but

(b)the person is not named in the order as a person with whom the child is to live,

the court may provide in the order for the person to have parental responsibility for the child while paragraphs (a) and (b) continue to be met in the person's case.]

(3)Where a person has parental responsibility for a child as a result of subsection (2) [F160or (2A) ], he shall not have the right—

(a)F161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)to agree, or refuse to agree, to the making of an adoption order, or an order under [F162section 84 of the Adoption and Children Act 2002], with respect to the child; or

(c)to appoint a guardian for the child.

(4)Where subsection (1) F163... requires the court to make an order under section 4 [F164or 4ZA] [F165in respect of a][F166parent] of a child, the court shall not bring that order to an end at any time while the [F167child arrangements order concerned remains in force so far as providing for the child to live with that parent].

(5)F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F154Words in s. 12 heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F155S. 12(1)(1A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F156Words in s. 12(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F157Words in s. 12(2) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F158Words in s. 12(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F159S. 12(2A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F160Words in s. 12(3) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F162Words in s. 12(3)(b) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 57(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F163Words in s. 12(4) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(6)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F165Words in s. 12(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(6)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F167Words in s. 12(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(6)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I5S. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

13 Change of child’s name or removal from jurisdiction.E+W

(1)Where a [F170child arrangements order to which subsection (4) applies] is in force with respect to a child, no person may—

(a)cause the child to be known by a new surname; or

(b)remove him from the United Kingdom;

without either the written consent of every person who has parental responsibility for the child or the leave of the court.

(2)Subsection (1)(b) does not prevent the removal of a child, for a period of less than one month, by [F171a person named in the child arrangements order as a person with whom the child is to live ].

(3)In making a [F172child arrangements order to which subsection (4) applies, ] the court may grant the leave required by subsection (1)(b), either generally or for specified purposes.

[F173(4)This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F170Words in s. 13(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F171Words in s. 13(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F172Words in s. 13(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F173S. 13(4) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I6S. 13 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

F17414 Enforcement of residence orders.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F174S. 14 omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 23; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

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