Children Act 1989, section 11J

Enforcement orders

Part II Orders With Respect To Children In Family Proceedings

(1)This section applies if a [F149 child arrangementsF149] with respect to a child has been made.

(2) If the court is satisfied beyond reasonable doubt that a person has failed to comply with [F150 a provision of the dfnchild arrangements F150] order, it may make an order (an “enforcement order”) imposing on the person an unpaid work requirement.

(3)But the court may not make an enforcement order if it is satisfied that the person had a reasonable excuse for failing to comply with the [F151 provision F151] .

(4)The burden of proof as to the matter mentioned in subsection (3) lies on the person claiming to have had a reasonable excuse, and the standard of proof is the balance of probabilities.

(5)The court may make an enforcement order in relation to the [F152 child arrangements order F152] only on the application of—

(a)[F153 a personF153] who is, for the purposes of the [F152 child arrangements order F152] , the person with whom the child concerned lives or is to live;

(b)[F154 a personF154] whose contact with the child concerned is provided for in the [F152 child arrangements order F152] ;

(c)any individual subject to a condition under section 11(7)(b) or [F155 an activityF155] condition imposed by the [F152 child arrangements order F152] ; or

(d)the child concerned.

(6)Where the person proposing to apply for an enforcement order in relation to a [F156 dfnchild arrangementsF156] order is the child concerned, the child must obtain the leave of the court before making such an application.

(7)The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.

(8)Subsection (2) has effect subject to the restrictions in sections 11K and 11L.

(9)The court may suspend an enforcement order for such period as it thinks fit.

(10)Nothing in this section prevents a court from making more than one enforcement order in relation to the same person on the same occasion.

(11)Proceedings in which any question of making an enforcement order, or any other question with respect to such an order, 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.

(12)In Schedule A1—

(a)Part 1 makes provision as regards an unpaid work requirement;

(b)Part 2 makes provision in relation to the revocation and amendment of enforcement orders and failure to comply with such orders.F148]

F157(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 11J 6

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 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
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
unpaid work requirement

3A (1) In this Part of this Schedule “unpaid work requirement”, in relation to an enforcement order, means a requirement that the relevant person must perform unpaid work in accordance with the instructions of the responsible officer as to—

(a) the work to be performed, and

(b) the times ... at which the person is to perform it.

Defined in Sch.A1 para.3A(1) · see it in the full Act
enforcement order

“enforcement order” has the meaning given by section 11J;

Defined in s.105(1) · 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

Cases considering section 11J 6

L-W (Children), Re

[2010] EWCA Civ 1253 · 4 November 2010Interprets

An enforcement order requires proof beyond reasonable doubt that the person failed to comply with the contact order. The court held that this requires construction of the actual obligation and proof of breach on the particular occasion (see paras [35]; [38]-[40]; [76]-[84]). Reasonable excuse arises only after a failure to comply has been established. Inability to perform what a mandatory order requires goes to whether there was a breach, rather than being a reasonable excuse (see paras [39]-[40]; [76]). Once breach is proved, the person relying on reasonable excuse bears the burden of proving it on the balance of probabilities. That allocation does not alter the applicant’s prior criminal burden to prove breach (see paras [35]; [39]).

O (A Child)

[2009] EWCA Civ 1266 · 2 November 2009Limits

Limits enforcement orders to failures to comply with contact orders and treats the statutory warning notice as a precondition to enforcement. (see paras [8], [15]–[16]) Limits an enforcement order to a person who has failed to comply with a contact order. The provision made the validity of the enforcement order dependent on the validity of the warning notice. (see para [15])

JB v DJ

[2021] EWHC 3524 (Fam) · 28 October 2021

Applies the statutory enforcement framework to child arrangements orders, requiring the court to address breach and reasonable excuse as distinct questions before considering consequences. (see para [16]) Applies the requirement that alleged non-compliance with a child arrangements order be proved beyond reasonable doubt by the party asserting the breach. (see para [16]) Applies the reasonable-excuse stage of enforcement: after breach is proved, the alleged non-compliant party may establish reasonable excuse on the balance of probabilities. (see para [16])

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

Amendments and notes

10 notes from legislation.gov.uk

Amendments

  1. F148S. 11J inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 4(1), 17 (with s. 8); S.I. 2008/2870, art. 2(2)(c)
  2. F149Words in s. 11J(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(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.
  3. F150Words in s. 11J(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(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.
  4. F151Word in s. 11J(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(4); 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. F152Words in s. 11J(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(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.
  6. F153Words in s. 11J(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(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.
  7. F154Words in s. 11J(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(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.
  8. F155Words in s. 11J(5)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(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.
  9. F156Words in s. 11J(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(6); 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. F157S. 11J(13) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 103; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)