Limits on activity conditions CA 1989 s. 11D
Activity conditions in child arrangements orders cannot be imposed on non-parent children, non-residents, or excepted orders under section 11B(4).
11D A child arrangements order may not impose an activity condition on an individual who is a child unless the individual is a parent of the child concerned. If a child arrangements order is an excepted order (within the meaning given by section 11B(4, it may not impose (and it may not be varied so as to impose) a an activity condition. A child arrangements order may not impose an activity condition on an individual unless the individual is habitually resident in England and Wales; and a condition ceases to have effect if the individual subject to the condition 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
This section sets strict limits on who can be required to complete an activity condition attached to a child arrangements order. A court cannot impose an activity condition on a child unless that young person is a parent of the child who is the subject of the order.
In addition, an activity condition can only be imposed on an individual who habitually resides in England and Wales. If the individual moves away and stops residing in England or Wales, the condition automatically stops having effect. Finally, if the court order is an excepted order under section 11B(4), an activity condition cannot be imposed or added by variation.
When it applies
- A family court considering an activity condition for a teenage mother involved in a child arrangements dispute over her baby.
- A parent subject to a contact activity condition who relocates permanently outside England and Wales.
- An application seeking an activity condition against a minor relative who is not a parent of the child concerned.
What this section does not say
- Rules governing activity directions rather than activity conditions.
- Financial assistance for individuals required to attend court-ordered activities.
- Enforcement orders or financial compensation for breaching a child arrangements order.
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This page reproduces the text of CA 1989 s. 11D 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.