Activity directions in child arrangements: CA 1989 s. 11A
Under CA 1989 s. 11A, courts may direct a party in child arrangements proceedings to attend activities that promote involvement in a child's life.
11A Subsection (2) applies in proceedings in which the court is considering whether to make provision about one or more of the matters mentioned in subsection (1A) by making— a child arrangements order with respect to the child concerned, or an order varying or discharging a child arrangements order with respect to the child concerned. The matters mentioned in this subsection are— with whom a child is to live, when a child is to live with any person, with whom a child is to spend time or otherwise have contact, and when a child is to spend time or otherwise have contact with any person. The court may make an activity direction in connection with the provision that the court is considering whether to make. Subsection (2B) applies in proceedings in which subsection (2) does not apply and in which the court is considering— whether a person has failed to comply with a provision of a child arrangements order, or what steps to take in consequence of a person's failure to comply with a provision of a child arrangements order. The court may make an activity direction in connection with that provision of the child arrangements order. An activity direction is a direction requiring an individual who is a party to the proceedings concerned to take part in an activity that would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of— that individual, or another individual who is a party to the proceedings. The direction is to specify the activity and the person providing the activity. The activities that may be so required include, in particular— programmes, classes and counselling or guidance sessions of a kind that— may assist a person as regards establishing, maintaining or improving involvement in a child's life ; may, by addressing a person's violent behaviour, enable or facilitate involvement in a child's life ; sessions in which information or advice is given as regards making or operating arrangements for involvement in a child's life , including making arrangements by means of mediation. No individual may be required by an activity direction— to undergo medical or psychiatric examination, assessment or treatment; to take part in mediation. A court may not on the same occasion— make an activity direction under subsection (2) , and dispose finally of the proceedings as they relate to the matters mentioned in subsection (1A) in connection with which the activity direction is made . Each of subsections (2) and (2B) has effect subject to the restrictions in sections 11B and 11E. In considering whether to make an activity direction, the welfare of the child concerned is to be the court's paramount consideration. A court may not on the same occasion— make an activity direction under subsection (2B), and dispose finally of the proceedings as they relate to failure to comply with the provision in connection with which the activity direction is made.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 11A of the Children Act 1989 empowers a court to make an activity direction during family court proceedings concerning child arrangements or non-compliance with a child arrangements order. This direction requires a party to the proceedings to participate in a specified activity designed to establish, maintain, or improve involvement in the child's life.
Qualifying activities include parenting programmes, guidance sessions, classes, or information sessions regarding arrangements or mediation. It also includes programmes addressing violent behaviour to facilitate contact. However, an activity direction cannot compel an individual to undergo medical or psychiatric examination, assessment, or treatment, nor can it force someone to participate in mediation.
When considering whether to issue an activity direction, the court must treat the welfare of the child as the paramount consideration. The court cannot make an activity direction and dispose finally of the relevant proceedings on the same occasion.
When it applies
- A court directs a parent seeking contact to attend a parenting course aimed at improving parent-child involvement during child arrangements proceedings.
- A court orders a parent to take part in a programme addressing violent behaviour to enable safe contact with a child.
- A court directs a party who failed to follow a child arrangements order to participate in an information session on operating contact arrangements.
What this section does not say
- Forcing a parent to undergo medical or psychiatric assessment or treatment (explicitly excluded under section 11A).
- Compelling a party to take part in mediation (explicitly prohibited under section 11A).
- Issuing an activity direction while simultaneously disposing finally of the proceedings.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of CA 1989 s. 11A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.