New Clause 6 - Compensatory contact
Children and Adoption Bill [Lords]
‘After section 11P of the Children Act 1989 insert— “11QCompensatory contact (1)This section applies if a contact order with respect to a child has been made. (2)If the court is satisfied that— (a)an individual has failed to comply with the contact order, and (b)a person falling within subsection (6) has been deprived of contact time by reason of the breach,
“11QCompensatory contact
(1)This section applies if a contact order with respect to a child has been made.
(2)If the court is satisfied that—
(a)an individual has failed to comply with the contact order, and
it may make an order granting additional contact time between the person and the child concerned with a view to mitigating the effect of the breach.
(3)The court may not make an order under subsection (2) if it is satisfied that the individual in breach had a reasonable excuse for failing to comply with the contact order.
(4)The burden of proof as to the matter mentioned in subsection (3) lies on the individual claiming to have had a reasonable excuse.
(5)An order under subsection (2) may be made only on an application by the person who claims to have been deprived of contact time.
(6)A person falls within this subsection if he is—
(a)the person who is, for the purposes of the contact order, the person with whom the child concerned lives or is to live,
(b)the person whose contact with the child concerned is provided for in the contact order,
(c)an individual subject to a condition under section 11(7)(b) or a contact activity condition imposed by the contact order, or
(d)the child concerned.
(7)Where the person proposing to apply for an order under subsection (2) is the child concerned, the child must obtain the leave of the court before making such an application.
(8)The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.
(9)Subsection (2) has effect subject to the restrictions in section 11S.
(10)Proceedings in which any question of making an order under subsection (2) arises are to be regarded for the purposes of section 11(1) and (2) as proceedings in which a question arises with respect to a section 8 order.
(11)In exercising its powers under this section, a court must treat as paramount the interests of the child concerned.”’.—[Tim Loughton.]