(1)This section applies if a [F2child 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 [F3a 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 [F4provision ].
(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 [F5child arrangements order ] only on the application of—
(a)[F6a person] who is, for the purposes of the [F5child arrangements order ], the person with whom the child concerned lives or is to live;
(b)[F7a person] whose contact with the child concerned is provided for in the [F5child arrangements order ];
(c)any individual subject to a condition under section 11(7)(b) or [F8an activity] condition imposed by the [F5child arrangements order ]; or
(d)the child concerned.
(6)Where the person proposing to apply for an enforcement order in relation to a [F9child 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.]
F10(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 11J inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 4(1), 17 (with s. 8); S.I. 2008/2870, art. 2(2)(c)
F2Words 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)
F3Words 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)
F4Word 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)
F5Words 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)
F6Words 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)
F7Words 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)
F8Words 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)
F9Words 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)
F10S. 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)