Part II Orders With Respect To Children In Family Proceedings

Family assistance orders

I116 Family assistance orders.

1

Where, in any family proceedings, the court has power to make an order under this Part with respect to any child, it may (whether or not it makes such an order) make an order requiring—

a

F1an officer of the ServiceF2or a Welsh family proceedings officer to be made available; or

b

a local authority to make an officer of the authority available,

to advise, assist and (where appropriate) befriend any person named in the order.

2

The persons who may be named in an order under this section (“a family assistance order”) are—

a

any parent F3, guardian or special guardian of the child;

b

any person with whom the child is living or F11who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact ;

c

the child himself.

3

No court may make a family assistance order unless—

a

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

it has obtained the consent of every person to be named in the order other than the child.

4

A family assistance order may direct—

a

the person named in the order; or

b

such of the persons named in the order as may be specified in the order,

to take such steps as may be so specified with a view to enabling the officer concerned to be kept informed of the address of any person named in the order and to be allowed to visit any such person.

F54A

If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a F10contact provision contained in a child arrangements order made with respect to the child, the family assistance order may direct the officer concerned to give advice and assistance as regards establishing, improving and maintaining contact to such of the persons named in the order as may be specified in the order.

F94B

In subsection (4A) “ contact provision ” means provision which regulates arrangements relating to—

a

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

b

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

5

Unless it specifies a shorter period, a family assistance order shall have effect for a period of F6twelve months beginning with the day on which it is made.

F76

If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a section 8 order made with respect to the child, the family assistance order may direct the officer concerned to report to the court on such matters relating to the section 8 order as the court may require (including the question whether the section 8 order ought to be varied or discharged).

7

A family assistance order shall not be made so as to require a local authority to make an officer of theirs available unless—

a

the authority agree; or

b

the child concerned lives or will live within their area.

F88

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F89

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