Restrictions on activity directions CA 1989 s. 11B
CA 1989 s. 11B: activity directions only if dispute, no child participants unless parent, excluded for certain orders, requires habitual residence in E&W.
11B A court may not make an activity direction under section 11A(2) in connection with any matter mentioned in section 11A(1A) unless there is a dispute as regards the provision about that matter that the court is considering whether to make in the proceedings. A court may not make an activity direction requiring an individual who is a child to take part in an activity unless the individual is a parent of the child in relation to whom the court is considering provision about a matter mentioned in section 11A(1A) . A court may not make an activity activity direction in connection with the making, variation or discharge of a child arrangements order , if the child arrangements order is, or would if made be, an excepted order. A child arrangements order with respect to a child is an excepted order if— it is made in proceedings that include proceedings on an application for a relevant adoption order in respect of the child; or it makes provision as regards contact between the child and a person who would be a parent or relative of the child but for the child's adoption by an order falling within subsection (5). An order falls within this subsection if it is— a relevant adoption order; an adoption order, within the meaning of section 72(1) of the Adoption Act 1976, other than an order made by virtue of section 14 of that Act on the application of a married couple one of whom is the mother or the father of the child; a Scottish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made— by virtue of section 14 of the Adoption (Scotland) Act 1978 on the application of a married couple one of whom is the mother or the father of the child, or by virtue of section 15(1)(aa) of that Act; or by virtue of an application under section 30 of the Adoption and Children (Scotland) Act 2007 where subsection (3) of that section applies; or a Northern Irish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made by virtue of Article 14 of the Adoption (Northern Ireland) Order 1987 on the application of a married couple one of whom is the mother or the father of the child. A relevant adoption order is an adoption order, within the meaning of section 46(1) of the Adoption and Children Act 2002, other than an order made— on an application under section 50 of that Act by a couple (within the meaning of that Act) one of whom is the mother or the father of the person to be adopted, or on an application under section 51(2) of that Act. A court may not make an activity direction in relation to an individual unless the individual is habitually resident in England and Wales; and a direction ceases to have effect if the individual subject to the direction ceases to be habitually resident in England and Wales.
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
An activity direction under section 11A(2) cannot be made unless the court is dealing with a dispute about the specific matter. The court cannot require a child to take part in an activity unless that child is a parent of the child the order is about.
Activity directions are also prohibited when they are linked to a child arrangements order that is an 'excepted order'. Excepted orders are those made in proceedings for a relevant adoption order, or orders that provide contact between the child and a person who would be a parent or relative but for the child's adoption by certain adoption orders listed in subsection (5).
Finally, the individual subject to the direction must be habitually resident in England and Wales at the time the direction is made. If the individual later stops being habitually resident in England and Wales, the direction ceases to have effect.
When it applies
- A parent seeks a contact order and the court considers requiring the other parent to attend a parenting programme; the court must check if there is a dispute about contact before making such an activity direction.
- A child is required to attend a mediation session as part of a child arrangements order, but the child is not a parent of the child in question; the court cannot make that direction.
- A child arrangements order is made in adoption proceedings where the child is being adopted by a step-parent; that order is an excepted order, so no activity direction can be made in connection with it.
- A parent living in Scotland is subject to an activity direction; the direction ceases when the parent moves back to Scotland because they are no longer habitually resident in England and Wales.
What this section does not say
- It does not cover activity conditions under section 11C or enforcement orders under section 11J.
- It does not apply to all child arrangements orders, only those that are not excepted orders.
- It does not define what constitutes a 'dispute' – that is for the court to determine.
- It does not set out the content of activity directions; that is covered in sections 11A and 11E.
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This page reproduces the text of CA 1989 s. 11B 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.