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Children Act 1989

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[F111HMonitoring contact [F2and shared residence]E+W

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

[F3(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 [F4each 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 [F5child arrangements order ] so made (or the [F5child arrangements order ] as so varied)—

[F6(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 [F7child arrangements order] (or the [F7child arrangements order] as varied) includes [F8an activity] condition, a request under subsection (2) is to be treated as relating to the provisions of the order other than [F9the activity] condition.

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

(a)on making the [F10child arrangements order](or the order varying the [F10child arrangements order]), or

(b)at any time during the subsequent course of the proceedings as they relate to contact with the child concerned [F11or 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 [F12child arrangements] order that is an excepted order (within the meaning given by section 11B(4)).]

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Amendments (Textual)

F2Words 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)

F3S. 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)

F4Words 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)

F5Words 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)

F6S. 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)

F7Words 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)

F8Words 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)

F9Words 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)

F10Words 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)

F11Words 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)

F12Words 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)

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