Part IIOrders With Respect To Children In Family Proceedings
31 provisions
- CA 1989 s. 8 Child arrangements, prohibited steps orders Section 8 of CA 1989 defines child arrangements orders, prohibited steps orders, specific issue orders, and what counts as family proceedings under the Act.
- CA 1989 s. 9 Restrictions on section 8 orders CA 1989 s. 9 bars local authority applications for section 8 orders, restricts orders for children in care, and limits orders for children aged sixteen.
- CA 1989 s. 10 Who Can Apply for Section 8 Orders CA 1989 s. 10 specifies who may apply for a section 8 order, such as parents or carers of three years, and rules for when court leave is required.
- CA 1989 s. 11 Timetables,directions,conditions s8 orders – CA 1989 s.11 CA 1989 s.11:court must timetable s.8 order proceedings without delay; may impose conditions; child arrangements orders stop if parents live together >6 months.
- CA 1989 s. 11A Activity directions in child arrangements 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.
- CA 1989 s. 11B Restrictions on activity directions CA 1989 s. 11B: activity directions only if dispute, no child participants unless parent, excluded for certain orders, requires habitual residence in E&W.
- CA 1989 s. 11C Activity conditions Activity conditions under CA 1989 s. 11C: individuals required to take part in activities to improve child involvement in family proceedings.
- CA 1989 s. 11D Limits on activity conditions Activity conditions in child arrangements orders cannot be imposed on non-parent children, non-residents, or excepted orders under section 11B(4).
- CA 1989 s. 11E Requirements for Making Activity Orders Before making an activity direction or condition, courts must check suitability, travel distance, and consider information on work and religion impacts.
- CA 1989 s. 11F Activity direction cost payments CA 1989 s. 11F permits payments to individuals for activity direction/condition costs, with conditions on resources, location, and approved providers.
- CA 1989 s. 11G Monitoring activity directions Under CA 1989 s. 11G, courts can request a family proceedings officer to monitor compliance with activity directions or conditions and report any breaches.
- CA 1989 s. 11H Monitoring contact and shared residence Court can request CAFCASS officer to monitor compliance with contact and shared residence order provisions up to 12 months, and order steps to assist.
- CA 1989 s. 11I Warning notice on child arrangements orders When making or varying a child arrangements order, the court must attach a warning notice about consequences of non-compliance. CA 1989 s. 11I.
- CA 1989 s. 11J Section 11J Children Act 1989: enforcing a child arrangements order Section 11J CA 1989 lets the court impose an unpaid work requirement where a child arrangements order has been breached without reasonable excuse.
- CA 1989 s. 11L Court conditions before enforcement order Court must find enforcement order necessary and proportionate, and local unpaid work possible; consider religious beliefs, work/education times, child's welfare
- CA 1989 s. 11M Monitoring enforcement orders Court asks officer to monitor unpaid work compliance, report on paragraph 8 Schedule A1 reports, and other specified matters. Officer must comply.
- CA 1989 s. 11N Enforcement order warning notice When a court makes an enforcement order under CA 1989, it must attach a warning notice about the consequences of non-compliance. CA 1989 s. 11N.
- CA 1989 s. 11O Compensation for breach of child arrangements order s. 11O Compensation for breach of child arrangements order if no reasonable excuse. Actual loss; court considers breacher's finances and child's welfare.
- CA 1989 s. 11P Conditions for compensation order s.11O(2 Court can only order compensation under s.11O(2) for child arrangement order breach if warning notice given, individual 18+, order not excepted.
- CA 1989 s. 12 PR under child arrangements orders CA 1989 s. 12 requires courts to grant parental responsibility when making live with child arrangements orders for certain parents or non parents.
- CA 1989 s. 13 Section 13 Children Act 1989: changing a child's surname or taking them abroad Section 13 CA 1989: where a "lives with" child arrangements order is in force, a change of surname or removal from the UK needs everyone's written consent or the court's leave.
- CA 1989 s. 14A Section 14A Children Act 1989: special guardianship orders Section 14A CA 1989 creates the special guardianship order - who can apply, the three months' notice to the local authority, and the report the court must have.
- CA 1989 s. 14B Pre-order considerations for special guardianship. s. 14B Court must consider contact, existing orders, enforcement, activity directions before SGO. May also grant name change or s.14C(3)(b) leave. CA 1989 s.14B.
- CA 1989 s. 14C Effect of special guardianship orders Under CA 1989 s. 14C, a special guardian gains primary parental responsibility and may take the child abroad for under three months without written consent.
- CA 1989 s. 14D Vary or discharge special guardianship CA 1989 s. 14D sets who can apply to vary or discharge a special guardianship order and when parents, children, or others need leave of the court first.
- CA 1989 s. 14E Special Guardianship Court Timetables CA 1989 s. 14E requires courts to set timetables without delay for special guardianship proceedings and allows orders to apply for a specified period.
- CA 1989 s. 14F Special guardianship support services Local authorities must arrange special guardianship support services (including counselling, advice, information, and financial support) and assess needs.
- CA 1989 s. 14G Special guardianship support complaints Local authorities must set up procedures for handling complaints and representations about special guardianship support services under CA 1989 s. 14G.
- CA 1989 s. 15 Orders for financial relief (children CA 1989 s. 15 enables courts to make financial orders for children under Schedule 1, re-enacting earlier maintenance provisions.
- CA 1989 s. 16 Family assistance orders under Court may order a family assistance officer to advise, assist, befriend named persons for 12 months, with consent of all named except child. CA 1989 s.16.
- CA 1989 s. 16A Officer's risk assessment of child When a CAFCASS officer or Welsh family proceedings officer suspects a child is at risk of harm, they must assess and report that risk to the court.