Part II Orders With Respect To Children In Family Proceedings
General
11JF1Enforcement orders
1
This section applies if a F3child arrangements 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 F4a provision of the child arrangements 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 F5provision .
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 F6child arrangements order only on the application of—
a
b
c
d
the child concerned.
6
Where the person proposing to apply for an enforcement order in relation to a F10child arrangements 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.
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