The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2008

Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

This adran has no associated Memorandwm Esboniadol

13.  In Schedule 1—

(a)in the list of forms—

(i)in the entry for Form C1, in the third column, for “for an order”, substitute “Children Act 1989 except section 8 orders and orders related to enforcement of a contact order”; and

(ii)after the entry for Form C1, in the first column insert “C100”, in the second column “Application”, and in the third column “under the Children Act 1989 for a residence, contact or other section 8 order”;

(b)for Forms C1 and C7, substitute the forms set out in Schedule 1;

(c)after Form C1, insert Form C100 set out in Schedule 2.

(d)in Form C42 (family assistance order), in paragraph (b) of the section that begins “Where” omit “who has been”; and

(e)in Form C43 (order)—

(i)immediately after the section headed “The Court orders” insert—

Where—

(a)there are no proceedings pending under Part 2 Children Act 1989;

(b)an officer of the service or Welsh family proceedings officer who remains involved with the case is given cause to suspect, whilst this order is in force, that the child concerned is at risk of harm; and

(c)as a result that officer makes a risk assessment under section 16A of that Act,

the officer may apply to the court for it to revive the previous proceedings and to consider that risk assessment and give such directions as the court thinks necessary.; and

(ii)in the section headed “Warning” after “without the leave of the Court”, insert—

Where a contact order is in force: if you do not comply with this contact order–

(a)you may be committed to prison or fined; and/or

(b)the Court may make an order requiring you to undertake unpaid work (“an enforcement order”) and/or an order that you pay financial compensation..