Children Act 1989, section 11H

Monitoring contact and shared residence

Part II Orders With Respect To Children In Family Proceedings

(1)This section applies if in any family proceedings the court makes—

[F135 (a)a child arrangements order containing provision of a kind mentioned in section 11C(1)(a)(i), (ii) or (iii), or

(b)an order varying a child arrangements order so as to add, vary or omit provision of any of those kinds.F135]

(2)The court may ask an officer of the Service or a Welsh family proceedings officer—

(a)to monitor whether an individual falling within subsection (3) complies with [F136 each provision of any of those kinds that is contained in the child arrangements order (or in the child arrangements order as varied); F136]

(b)to report to the court on such matters relating to the individual's compliance as the court may specify in the request.

(3)An individual falls within this subsection if the [F137 child arrangements order F137] so made (or the [F137 child arrangements order F137] as so varied)—

[F138 (za)provides for the child concerned to live with different persons at different times and names the individual as one of those persons;

(a)imposes requirements on the individual with regard to the child concerned spending time or otherwise having contact with some other person;

(b)names the individual as a person with whom the child concerned is to spend time or otherwise have contact; orF138]

(4)If the [F139 child arrangements orderF139] (or the [F139 child arrangements orderF139] as varied) includes [F140 an activityF140] condition, a request under subsection (2) is to be treated as relating to the provisions of the order other than [F141 the activityF141] condition.

(5)The court may make a request under subsection (2)—

(a)on making the [F142 child arrangements orderF142] (or the order varying the [F142 child arrangements orderF142] ), or

(b)at any time during the subsequent course of the proceedings as they relate to contact with the child concerned [F143 or to the child's living arrangementsF143] .

(6)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.

(7)It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2).

(8)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).

(9)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.

(10)A court may not make a request under subsection (2) in relation to a [F144 dfnchild arrangementsF144] order that is an excepted order (within the meaning given by section 11B(4)).F133]

Definitions used in section 11H 8

family proceedings

“family proceedings” has the meaning given by section 8(3);

Defined in s.105(1) · see it in the full Act

(3) For the purposes of this Act “family proceedings” means any proceedings—

(a)under the inherent jurisdiction of the High Court in relation to children; and

(b)under the enactments mentioned in subsection (4),

Defined in s.8(3) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
child arrangements order

"child arrangements order " means an order regulating arrangements relating to any of the following—

(a)

with whom a child is to live, spend time or otherwise have contact, and

(b)

when a child is to live, spend time or otherwise have contact with any person;

Defined in s.8(1) · see it in the full Act

“child arrangements order” has the meaning given by section 8(1);

Defined in s.105(1) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
officer of the Service

“officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000 ;

Defined in s.105(1) · see it in the full Act
Welsh family proceedings officer

“Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004 .

Defined in s.105(1) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act

Cases considering section 11H 3

M (Children) (Rev 1)

[2017] EWCA Civ 891 · 29 June 2017Defines

The judgment treated section 11H as concerning monitoring compliance with a contact order, not the provision or supervision of contact itself. (see para [43])

JEG v IS

[2014] EWHC 287 (Fam) · 13 February 2014

The judgment confirms that monitoring of orders made after the welfare decision may be provided by Cafcass under section 11 H. The provision is identified as a practical means of supporting implementation of the court’s orders. (see para [74])

RK v SV

[2013] EWHC 4386 (Fam) · 28 November 2013

Applies the provision to monitor the contact arrangements for one year and support the implementation of the contact order through a named Cafcass officer (see para [41]).

What each judgment says about section 11H is in the case-law panel in the full Act.

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F133S. 11H inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 2, 17; S.I. 2008/2870, art. 2(2)(b)
  2. F134Words in s. 11H heading inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  3. F135S. 11H(1)(a)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  4. F136Words in s. 11H(2)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  5. F137Words in s. 11H(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  6. F138S. 11H(3)(a)(b)(za) substituted for s. 11H(3)(a)(b) (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  7. F139Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  8. F140Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  9. F141Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  10. F142Words in s. 11H(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(6)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  11. F143Words in s. 11H(5)(b) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(6)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  12. F144Words in s. 11H(10) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.