Monitoring contact and shared residence CA 1989 s. 11H
Court can request CAFCASS officer to monitor compliance with contact and shared residence order provisions up to 12 months, and order steps to assist.
11H This section applies if in any family proceedings the court makes— a child arrangements order containing provision of a kind mentioned in section 11C(1)(a)(i), (ii) or (iii), or an order varying a child arrangements order so as to add, vary or omit provision of any of those kinds. The court may ask an officer of the Service or a Welsh family proceedings officer— to monitor whether an individual falling within subsection (3) complies with each provision of any of those kinds that is contained in the child arrangements order (or in the child arrangements order as varied); to report to the court on such matters relating to the individual's compliance as the court may specify in the request. An individual falls within this subsection if the child arrangements order so made (or the child arrangements order as so varied)— provides for the child concerned to live with different persons at different times and names the individual as one of those persons; imposes requirements on the individual with regard to the child concerned spending time or otherwise having contact with some other person; names the individual as a person with whom the child concerned is to spend time or otherwise have contact; or If the child arrangements order (or the child arrangements order as varied) includes an activity condition, a request under subsection (2) is to be treated as relating to the provisions of the order other than the activity condition. The court may make a request under subsection (2)— on making the child arrangements order (or the order varying the child arrangements order ), or at any time during the subsequent course of the proceedings as they relate to contact with the child concerned or to the child's living arrangements . 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. It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2). 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). 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. A court may not make a request under subsection (2) in relation to a child arrangements order that is an excepted order (within the meaning given by section 11B(4.
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 gives the court power, in family proceedings, to ask a CAFCASS officer (or Welsh equivalent) to keep an eye on whether a person is obeying certain parts of a child arrangements order. Those parts cover where the child lives (if it's shared between different people), contact time, or other contact requirements. The officer must report back to the court on how well the person is complying.
The court can make this request when it first makes the order or later, but the monitoring period cannot be longer than 12 months. The court can also order the person being monitored to take specific steps to help the officer do their job, but cannot order a child to do that unless that child is a parent of the child in the order. Importantly, the court cannot ask for monitoring if the order is an 'excepted order' as defined in section 11B(4) (e.g., orders made without notice or by consent).
When it applies
- A father is ordered to have contact every Saturday but often cancels; the mother asks the court to have CAFCASS monitor whether he actually attends.
- After a shared residence order is made, the parents live far apart and the child is late being returned; the court requests monitoring of compliance with the handover times.
- A parent is required by a child arrangements order to attend a contact centre, but fails to go; the court asks an officer to monitor that requirement.
- Following a variation of a contact order, a new schedule is put in place; the court wants to check that both parents follow it and orders monitoring for three months.
- A mother claims the father is not exercising contact as ordered, while the father says she prevents him; the court orders CAFCASS to monitor contact for six months.
What this section does not say
- This section does not allow the court to change the contact or shared residence order itself; that is done under section 11 or other variation provisions.
- It does not impose any penalty for non-compliance – enforcement is handled under sections 11J to 11O (enforcement orders and compensation).
- It does not cover monitoring of activity conditions (e.g., anger management courses); those are monitored under section 11G.
- It does not apply to excepted orders as defined in section 11B(4), such as orders made without notice or where both parties agree.
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This page reproduces the text of CA 1989 s. 11H 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.