Where the court makes (or varies) a [F147 dfnchild arrangementsF147] order, it is to attach to the [F147 dfnchild arrangementsF147] order (or the order varying the contact order) a notice warning of the consequences of failing to comply with the [F147 dfnchild arrangementsF147] order.F145]
Definitions used in section 11I 3
- 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
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- 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
Cases considering section 11I 6
A (A Child)
The court interpreted the provision as requiring an enforcement warning to accompany every contact order and as removing judicial discretion over whether to attach such a warning (see para [13]).
O (A Child)
Interprets s.11I as requiring a warning notice where the court makes a contact order. The court held that it was arguable that the provision did not authorise a warning notice attached to a shared residence order. (see paras [13]–[16])
CH v CT
Interprets the statutory warning notice as distinct from a contempt penal notice. The warning notice must accompany every child arrangements order, but does not itself satisfy the separate requirements for committal enforcement (see paras [17], [31]-[34]).
What each judgment says about section 11I is in the case-law panel in the full Act.
Amendments and notes
3 notes from legislation.gov.uk
Amendments
- F145S. 11I inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 3, 17 (with s. 8); S.I. 2008/2870, art. 2(2)(b)
- F146Words in s. 11I heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 15(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.
- F147Words in s. 11I substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 15(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.