Section 11H: Monitoring contact and shared residence, Children Act 1989

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)).

Section 11H: Monitoring contact and shared residence

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