Part 9Parenting orders

General requirements

108Procedural requirements

1

Before making, varying or revoking a parenting order, a court shall—

a

having regard to the age and maturity of the child, so far as practicable—

i

give the child an opportunity to indicate whether the child wishes to express views; and

ii

if the child so wishes, give the child an opportunity to express those views;

b

give the parent the opportunity to be heard;

c

obtain information about the family circumstances of the parent and the likely effect of the order on those circumstances.

2

Before making a parenting order, the court shall explain in ordinary language—

a

the effect of the order and of the requirements proposed to be included in it;

b

the consequences of failing to comply with the order;

c

the powers the court has under section 105; and

d

the entitlement of the parent to appeal against the making of the order.

3

Before varying or revoking a parenting order, the court shall explain in ordinary language the effect of the variation or, as the case may be, revocation.

4

Subsections (2) and (3) apply only where the parent is present in court.

5

Failure to comply with subsection (2) or (3) shall not affect the validity of the order made.

6

Without prejudice to the generality of subsection (1)(a), a child who is at least 12 years of age shall be presumed to be of sufficient age and maturity to form a view.