Children Act 1989, section 11K

Enforcement orders: further provision

Part II Orders With Respect To Children In Family Proceedings

(1)A court may not make an enforcement order against a person in respect of a failure to comply with a [F159 provision of a child arrangements order F159] unless it is satisfied that before the failure occurred the person had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of—

(a)in the case of a failure to comply with [F160 a provision of a child arrangements order where the order F160] was varied before the failure occurred, a notice under section 11I relating to the order varying [F161 the dfnchild arrangementsF161] order or, where more than one such order has been made, the last order preceding the failure in question;

(b)in any other case, a notice under section 11I relating to the [F162 dfnchild arrangementsF162] order.

(2)A court may not make an enforcement order against a person in respect of any failure to comply with a [F163 provision of a dfnchild arrangementsF163] order occurring before the person attained the age of 18.

(3)A court may not make an enforcement order against a person in respect of a failure to comply with a [F164 provision of a child arrangements order where the child arrangements orderF164] is an excepted order (within the meaning given by section 11B(4)).

(4)A court may not make an enforcement order against a person unless the person is habitually resident in England and Wales; and an enforcement order ceases to have effect if the person subject to the order ceases to be habitually resident in England and Wales.F158]

Definitions used in section 11K 5

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
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
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
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

Cases considering section 11K 4

W-B (A Child), Re

[2012] EWCA Civ 592 · 18 April 2012Limits

The court applied the habitual-residence restriction to conclude that a section 11L enforcement order could not be made against the mother. (see para [8])

O (A Child)

[2009] EWCA Civ 1266 · 2 November 2009

Confirms that attachment and service of a warning notice are required before the relevant statutory sanction can be applied. (see para [8])

CH v CT

[2018] EWHC 1310 (Fam) · 25 May 2018

Confirms that an enforcement order cannot be made unless the person in breach has received the statutory warning notice. The judgment contrasted this requirement with the separate penal-notice regime (see para [17]).

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

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F158S. 11K 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. F159Words in s. 11K(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(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.
  3. F160Words in s. 11K(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(b)(i); 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. F161Words in s. 11K(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(b)(ii); 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. F162Words in s. 11K(1)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(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.
  6. F163Words in s. 11K(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(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.
  7. F164Words in s. 11K(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(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.