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Children and Adoption Act 2006
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Valid from 08/12/2008
2Monitoring contactE+W
This section has no associated Explanatory Notes
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)).”
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