Children and Adoption Bill [Lords]

With this it will be convenient to discuss the following: New clause 9—Reasonable contact: no order principle— ‘After section 1(5) of the Children Act 1989 (c. 41) insert— ““(6) The ““no order”” principle in section 5 shall be construed subject to section 1A of this Act whereby it shall be presumed that making an order for reasonable contact with the parents is, in the absence of good reason to the contrary, better for the child than making no order at all.””'. New clause 11— Provision as to family assistance orders— ‘In the circumstances where a family assistance order is made, the officer concerned will proceed on the presumption that the child's interests are best served through reasonable contact with both his parents unless good reason to the contrary is shown.'. New clause 12— Reasonable contact: welfare checklist— ‘After section 1(3)(g) of the Children Act 1989 (c. 41) insert— ““(h) the desirability of reasonable contact between the child and the non-resident parent in the absence of good reason to the contrary.”” '. New clause 13— Presumption of reasonable contact— ‘After section 1(1) of the Children Act 1989 (c. 41) insert— ““(1A) In respect of subsection 1(1) above and subject to the welfare of the child, the court shall act on the presumption that the child's interests are best served through reasonable contact with both his parents in the absence of good reason to the contrary.”” '. New clause 16— Extended family: desirability of contact— ‘After section 5 of the Children Act 1989 (c. 41) insert— ““5A Extended family: desirability of contact (1) Where an order with respect to a child is made by the court the court must take into account the desirability of contact between the child and his extended family. (2) Subsection (1) will not be taken into account by a court if it conflicts with any welfare requirements in Section 1.””'. New clause 17— Non-resident parents— ‘After section 1(3)(g) of the Children Act 1989 (c. 41) insert— ““(h) the importance of sustaining a relationship between the child and a non-residential parent.”” '. New clause 18— Statutory objectives— ‘(1) In discharging their respective functions in connection with any proceedings in which the court is considering whether to make provision about contact with a child— (a) the court; (b) the Children and Family Court Advisory and Support Service; and (c) the parties' legal representatives (if any) must, so far as is reasonably possible, act in a way that is compatible with the objectives set out in subsection (2). (2) The objectives under subsection (1) are— (a) the welfare of the child; (b) reduction of the risk of harm; (c) reasonable contact; and (d) post separation parenting. (3) The welfare of the child applies in all respects as set out in section 1 of the Children Act 1989. (4) ““Reduction of the risk of harm”” means that the safety of children and other persons involved in contact arrangements should be assessed and planned for and the danger of violence should be minimised. (5) ““Reasonable contact”” means the promotion of ongoing contact between a child and his parents and other family members to an extent that is reasonable having regard to the facts of the individual case. (6) In having regard to post separation parenting the court, the Children and Family Court Advisory and Support Service and the parties' legal representatives (if any) shall promote the desirability of co-operation between parents in the making of arrangements for any child contact. (7) In applying these objectives the court, the Children and Family Court Advisory and Support Service and the parties' legal representatives (if any) shall have regard to the contribution that mediation may make to achieving them.'. New clause 19— Applications for contact orders (grandparents and family carers)— ‘(1) In the event of an application to a court for an order permitting contact with a child by— (a) a grandparent of the child; or (b) a relative with whom the child has lived for a period of at least one year, the application may be made without the leave of the court. (2) The period of one year mentioned in subsection (1) need not be continuous but must not have begun more than three years before, or ended more than three months before, the making of the application. (3) The Secretary of State may by regulation amend section 10 of the Children Act 1989 in accordance with the provisions of subsections (1) and (2).'. New clause 24— Presumption of reasonable contact in the absence of good reason to the contrary— ‘After section 1(1) of the Children Act 1989 (c.41) insert— ““(1A) In respect of subsection 1(1) above, subject to good reason to the contrary and where the safety of the child is not an issue, the court shall act on the presumption that the child's interests are best served through reasonable contact with both of his parents whether or not he is resident with either parent. (1B) In determining what ““reasonable contact”” is in respect of subsection (1A) the court shall have regard to the desirability of— (a) contact facilitating a positive and fulfilling relationship between the parent and the child; (b) frequent contact; (c) contact lasting for lengthy time periods; (d) contact with siblings; and (e) contact with extended family.””'. New clause 25— Default contact arrangements— ‘Schedule (New Schedule 1) (which makes provision for default contact arrangements) has effect.'. New schedule 1— Default contact arrangements— 1 (1) This Schedule applies where two persons having parental responsibility for a child under the age of14 years are at the commencement of this Act living or thereafter commence to live in separate households from each other. (2) In this Schedule the ““resident parent”” means that person with parental responsibility for a child specified under sub-paragraph (1) who is principally resident in the same household as the child; the ““non-resident parent”” shall mean the other person, with whom the child does not reside. (3) The provisions of this Schedule are entirely without prejudice to the responsibility of the resident and non-resident parents in any case to which this Schedule applies to make such agreed arrangements for contact with the child as they may decide are appropriate in the child's best interests. (4) In any case to which this Schedule applies in it shall be the responsibility of both the resident and the non-resident parents— (a) to endeavour to reach agreement as to such arrangements for contact or, (b) if they are to give effect to the default contact arrangements set out in paragraph 4 below, to endeavour— (i) to ensure that the default contact arrangements operate smoothly; (ii) to reach agreement as to the detailed implementation of the default contact arrangements; and (iii) to reach agreement as to such variations to the default contact arrangements with regard to dates, times and delivery and collection arrangements as may be appropriate to suit the circumstances and commitments of the child, any sibling of the child, the resident parent and the non-resident parent. (5) On any application to a court for contact with any child the way in which the resident and non-resident parent have each discharged the responsibility set out in paragraph 1(4) shall be a circumstance which it shall be relevant for the court to consider. 2 In any case where the resident parent and the non-resident parent commence living in separate households after the commencement of this Act they shall be deemed to have agreed upon such separation to the arrangements for contact between the child and the non-resident parent set out in paragraph 4 below (““the default contact arrangements””) and such arrangements shall be put into effect from the date of such separation unless and until either— (a) the resident parent and the non-resident parent have agreed alternative arrangements for such contact; or (b) a court otherwise orders. 3 In any case where the resident parent and the non-resident parent are already living in separate households at the commencement of this Act they shall be deemed to have agreed at the date of such commencement to the arrangements for contact between the child and the non-resident parent set out in paragraph 4 below (““the default contact arrangements””) and such arrangements shall be put into effect unless and until either— (a) the resident parent and the non-resident parent have agreed alternative arrangements for such contact; or (b) a court otherwise orders. 4 The default contact arrangements to which paragraphs 2 and 3 above refer shall be as follows— (1) In the case of an infant under one year old, the child shall visit the non-resident parent every Sunday between 9 a.m. and5 p.m.; and the resident and non-resident parents shall share responsibility for transport of the child between their homes. (2) In the case of any child who has attained the age of one year but is not yet in full-time education, the child shall— (a) stay with the non-resident parent on alternate weekends from 10 a.m. on Saturday until 5 p.m. on Sunday; (b) visit the non-resident parent from 2 p.m. until 5 p.m. every Wednesday; (c) stay with the non-resident parent for seven weeks' holiday per year, on dates to be agreed between the resident and non-resident parents or, in default of such an agreement, determined by a court; and (d) the resident and non-resident parents shall share responsibility for transport of the child between their homes. (3) In the case of any child in full-time education who has not yet attained the age of fourteen years, the child shall— (a) stay with the non-resident parent on alternate weekends from after the child finishes school on Friday until 6 p.m. on Sunday; (b) visit the non-resident parent from 4 p.m. until 6 p.m. every Wednesday; (c) stay with the non-resident parent for seven weeks' holiday per year, of which at least ten days shall be in the Christmas school holidays, ten days shall be in the Easter school holidays; and the balance in the summer school holidays, the precise dates to be agreed between the resident and non-resident parents or, in default of such agreements, determined by a court; and (d) the resident and non-resident parents shall share responsibility for transport of the child between their homes and/or the child's school. 5 This Schedule shall not apply in circumstances where allegations of child abuse are made in such form as the Secretary of State may by order prescribe.'.