Part II Orders With Respect To Children In Family Proceedings
General
I112F8Child arrangements orders and parental responsibility.
F101
Where—
a
the court makes a child arrangements order with respect to a child,
b
the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to live, and
c
the father, or the woman, would not otherwise have parental responsibility for the child,
the court must also make an order under section 4 giving the father, or under section 4ZA giving the woman, that responsibility.
1A
Where—
a
the court makes a child arrangements order with respect to a child,
b
the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to spend time or otherwise have contact but is not named in the order as a person with whom the child is to live, and
c
the father, or the woman, would not otherwise have parental responsibility for the child,
the court must decide whether it would be appropriate, in view of the provision made in the order with respect to the father or the woman, for him or her to have parental responsibility for the child and, if it decides that it would be appropriate for the father or the woman to have that responsibility, must also make an order under section 4 giving him, or under section 4ZA giving her, that responsibility.
2
Where the court makes a F14child arrangements order and a person who is not a parent or guardian of the child concerned F15 is named in the order as a person with whom the child is to live, that person shall have parental responsibility for the child while the F16order remains in force so far as providing for the child to live with that person.
F72A
Where the court makes a child arrangements order and—
a
a person who is not the parent or guardian of the child concerned is named in the order as a person with whom the child is to spend time or otherwise have contact, but
b
the person is not named in the order as a person with whom the child is to live,
the court may provide in the order for the person to have parental responsibility for the child while paragraphs (a) and (b) continue to be met in the person's case.
3
Where a person has parental responsibility for a child as a result of subsection (2) F9or (2A) , he shall not have the right—
a
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
to agree, or refuse to agree, to the making of an adoption order, or an order under F2section 84 of the Adoption and Children Act 2002, with respect to the child; or
c
to appoint a guardian for the child.
4
Where subsection (1) F11... requires the court to make an order under section 4 F3or 4ZAF12in respect of aF4parent of a child, the court shall not bring that order to an end at any time while the F13child arrangements order concerned remains in force so far as providing for the child to live with that parent.
5
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6
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