Part 9

Parenting orders

General requirements

Procedural requirements
108
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.