Children and Adoption Act 2006

Valid from 08/12/2008

2Monitoring contactE+W

After section 11G of the Children Act 1989 (c. 41) (as inserted by section 1) insert—

“11HMonitoring contact

(1)This section applies if in any family proceedings the court makes—

(a)a contact order with respect to a child in favour of a person, or

(b)an order varying such a contact order.

(2)The court may ask an officer of the Service or a Welsh family proceedings officer—

(a)to monitor whether an individual falling within subsection (3) complies with the contact order (or the contact order as varied);

(b)to report to the court on such matters relating to the individual's compliance as the court may specify in the request.

(3)An individual falls within this subsection if the contact order so made (or the contact order as so varied)—

(a)requires the individual to allow contact with the child concerned;

(b)names the individual as having contact with the child concerned; or

(c)imposes a condition under section 11(7)(b) on the individual.

(4)If the contact order (or the contact order as varied) includes a contact activity condition, a request under subsection (2) is to be treated as relating to the provisions of the order other than the contact activity condition.

(5)The court may make a request under subsection (2)—

(a)on making the contact order (or the order varying the contact order), or

(b)at any time during the subsequent course of the proceedings as they relate to contact with the child concerned.

(6)In making a request under subsection (2), the court is to specify the period for which the officer of the Service or Welsh family proceedings officer is to monitor compliance with the order; and the period specified may not exceed twelve months.

(7)It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2).

(8)The court may order any individual falling within subsection (3) to take such steps as may be specified in the order with a view to enabling the officer of the Service or Welsh family proceedings officer to comply with the court's request under subsection (2).

(9)But the court may not make an order under subsection (8) with respect to an individual who is a child unless he is a parent of the child with respect to whom the order falling within subsection (1) was made.

(10)A court may not make a request under subsection (2) in relation to a contact order that is an excepted order (within the meaning given by section 11B(4)).”

Valid from 08/12/2008

3Contact orders: warning noticesE+W

After section 11H of the Children Act 1989 (c. 41) (as inserted by section 2) insert—

“11IContact orders: warning notices

Where the court makes (or varies) a contact order, it is to attach to the contact order (or the order varying the contact order) a notice warning of the consequences of failing to comply with the contact order.”

Valid from 08/12/2008

4Enforcement ordersE+W

(1)After section 11I of the Children Act 1989 (as inserted by section 3) insert—

“11JEnforcement orders

(1)This section applies if a contact order 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 the contact 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 contact order.

(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 contact order only on the application of—

(a)the person who is, for the purposes of the contact order, the person with whom the child concerned lives or is to live;

(b)the person whose contact with the child concerned is provided for in the contact order;

(c)any individual subject to a condition under section 11(7)(b) or a contact activity condition imposed by the contact order; or

(d)the child concerned.

(6)Where the person proposing to apply for an enforcement order in relation to a contact 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.

(13)This section is without prejudice to section 63(3) of the Magistrates' Courts Act 1980 as it applies in relation to contact orders.

11KEnforcement orders: further provision

(1)A court may not make an enforcement order against a person in respect of a failure to comply with a contact order unless it is satisfied that before the failure occurred the person had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of—

(a)in the case of a failure to comply with a contact order that was varied before the failure occurred, a notice under section 11I relating to the order varying the contact order or, where more than one such order has been made, the last order preceding the failure in question;

(b)in any other case, a notice under section 11I relating to the contact order.

(2)A court may not make an enforcement order against a person in respect of any failure to comply with a contact order occurring before the person attained the age of 18.

(3)A court may not make an enforcement order against a person in respect of a failure to comply with a contact order that is an excepted order (within the meaning given by section 11B(4)).

(4)A court may not make an enforcement order against a person unless the person is habitually resident in England and Wales; and an enforcement order ceases to have effect if the person subject to the order ceases to be habitually resident in England and Wales.

11LEnforcement orders: making

(1)Before making an enforcement order as regards a person in breach of a contact order, the court must be satisfied that—

(a)making the enforcement order proposed is necessary to secure the person's compliance with the contact order or any contact order that has effect in its place;

(b)the likely effect on the person of the enforcement order proposed to be made is proportionate to the seriousness of the breach of the contact order.

(2)Before making an enforcement order, the court must satisfy itself that provision for the person to work under an unpaid work requirement imposed by an enforcement order can be made in the local justice area in which the person in breach resides or will reside.

(3)Before making an enforcement order as regards a person in breach of a contact order, the court must obtain and consider information about the person and the likely effect of the enforcement order on him.

(4)Information about the likely effect of the enforcement order may, in particular, include information as to—

(a)any conflict with the person's religious beliefs;

(b)any interference with the times (if any) at which he normally works or attends an educational establishment.

(5)A court that proposes to make an enforcement order may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) and (3).

(6)It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.

(7)In making an enforcement order in relation to a contact order, a court must take into account the welfare of the child who is the subject of the contact order.

11MEnforcement orders: monitoring

(1)On making an enforcement order in relation to a person, the court is to ask an officer of the Service or a Welsh family proceedings officer—

(a)to monitor, or arrange for the monitoring of, the person's compliance with the unpaid work requirement imposed by the order;

(b)to report to the court if a report under paragraph 8 of Schedule A1 is made in relation to the person;

(c)to report to the court on such other matters relating to the person's compliance as may be specified in the request;

(d)to report to the court if the person is, or becomes, unsuitable to perform work under the requirement.

(2)It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.

11NEnforcement orders: warning notices

Where the court makes an enforcement order, it is to attach to the order a notice warning of the consequences of failing to comply with the order.”

(2)Schedule 1 (which contains a Schedule to be inserted before Schedule 1 to the Children Act 1989 (c. 41)) has effect.

Valid from 08/12/2008

5Compensation for financial lossE+W

After section 11N of the Children Act 1989 (as inserted by section 4) insert—

“11OCompensation for financial loss

(1)This section applies if a contact order with respect to a child has been made.

(2)If the court is satisfied that—

(a)an individual has failed to comply with the contact order, and

(b)a person falling within subsection (6) has suffered financial loss by reason of the breach,

it may make an order requiring the individual in breach to pay the person compensation in respect of his financial loss.

(3)But the court may not make an order under subsection (2) if it is satisfied that the individual in breach had a reasonable excuse for failing to comply with the contact order.

(4)The burden of proof as to the matter mentioned in subsection (3) lies on the individual claiming to have had a reasonable excuse.

(5)An order under subsection (2) may be made only on an application by the person who claims to have suffered financial loss.

(6)A person falls within this subsection if he is—

(a)the person who is, for the purposes of the contact order, the person with whom the child concerned lives or is to live;

(b)the person whose contact with the child concerned is provided for in the contact order;

(c)an individual subject to a condition under section 11(7)(b) or a contact activity condition imposed by the contact order; or

(d)the child concerned.

(7)Where the person proposing to apply for an order under subsection (2) is the child concerned, the child must obtain the leave of the court before making such an application.

(8)The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.

(9)The amount of compensation is to be determined by the court, but may not exceed the amount of the applicant's financial loss.

(10)In determining the amount of compensation payable by the individual in breach, the court must take into account the individual's financial circumstances.

(11)An amount ordered to be paid as compensation may be recovered by the applicant as a civil debt due to him.

(12)Subsection (2) has effect subject to the restrictions in section 11P.

(13)Proceedings in which any question of making an order under subsection (2) 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.

(14)In exercising its powers under this section, a court is to take into account the welfare of the child concerned.

11POrders under section 11O(2): further provision

(1)A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a contact order unless it is satisfied that before the failure occurred the individual had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of—

(a)in the case of a failure to comply with a contact order that was varied before the failure occurred, a notice under section 11I relating to the order varying the contact order or, where more than one such order has been made, the last order preceding the failure in question;

(b)in any other case, a notice under section 11I relating to the contact order.

(2)A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a contact order where the failure occurred before the individual attained the age of 18.

(3)A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a contact order that is an excepted order (within the meaning given by section 11B(4)).”