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Children Act 1989, Section 11A is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F3(1)Subsection (2) applies in proceedings in which the court is considering whether to make provision about one or more of the matters mentioned in subsection (1A) by making—
(a)a child arrangements order with respect to the child concerned, or
(b)an order varying or discharging a child arrangements order with respect to the child concerned.
(1A)The matters mentioned in this subsection are—
(a)with whom a child is to live,
(b)when a child is to live with any person,
(c)with whom a child is to spend time or otherwise have contact, and
(d)when a child is to spend time or otherwise have contact with any person.
(2)The court may make an activity direction in connection with the provision that the court is considering whether to make.
(2A)Subsection (2B) applies in proceedings in which subsection (2) does not apply and in which the court is considering—
(a)whether a person has failed to comply with a provision of a child arrangements order, or
(b)what steps to take in consequence of a person's failure to comply with a provision of a child arrangements order.
(2B)The court may make an activity direction in connection with that provision of the child arrangements order.
(3)An activity direction is a direction requiring an individual who is a party to the proceedings concerned to take part in an activity that would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of—
(a)that individual, or
(b)another individual who is a party to the proceedings.]
(4)The direction is to specify the activity and the person providing the activity.
(5)The activities that may be so required include, in particular—
(a)programmes, classes and counselling or guidance sessions of a kind that—
(i)may assist a person as regards establishing, maintaining or improving [F4involvement in a child's life];
(ii)may, by addressing a person's violent behaviour, enable or facilitate [F5involvement in a child's life];
(b)sessions in which information or advice is given as regards making or operating arrangements for [F6involvement in a child's life], including making arrangements by means of mediation.
(6)No individual may be required by [F7an] activity direction—
(a)to undergo medical or psychiatric examination, assessment or treatment;
(b)to take part in mediation.
(7)A court may not on the same occasion—
(a)make [F8an activity direction under subsection (2) ], and
(b)dispose finally of the proceedings as they relate to [F9the matters mentioned in subsection (1A) in connection with which the activity direction is made].
(8)[F10Each of subsections (2) and (2B)] has effect subject to the restrictions in sections 11B and 11E.
(9)In considering whether to make [F11an]activity direction, the welfare of the child concerned is to be the court's paramount consideration.]
[F12(7A)A court may not on the same occasion—
(a)make an activity direction under subsection (2B), and
(b)dispose finally of the proceedings as they relate to failure to comply with the provision in connection with which the activity direction is made.]
Textual Amendments
F1Word in s. 11A(9) omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(9); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F2S. 11A inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)
F3Ss. 11A(1)(1A)(2)(2A)(2B)(3) substituted for ss. 11A(1)-(3) (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F4Words in s. 11A(5)(a)(i) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F5Words in s. 11A(5)(a)(ii) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F6Words in s. 11A(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F7Word in s. 11A(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F8Words in s. 11A(7)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F9Words in s. 11A(7)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F10Words in s. 11A(8) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F11Word in s. 11A(9) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F12S. 11A(7A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
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