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Children Act 1989
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12 Residence orders and parental responsibility.E+W
(1)Where the court makes a residence order in favour of the father of a child it shall, if the father would not otherwise have parental responsibility for the child, also make an order under section 4 giving him that responsibility.
(2)Where the court makes a residence order in favour of any person who is not the parent or guardian of the child concerned that person shall have parental responsibility for the child while the residence order remains in force.
(3)Where a person has parental responsibility for a child as a result of subsection (2), he shall not have the right—
(a)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)to agree, or refuse to agree, to the making of an adoption order, or an order under [F2section 84 of the Adoption and Children Act 2002], with respect to the child; or
(c)to appoint a guardian for the child.
(4)Where subsection (1) requires the court to make an order under section 4 in respect of the father of a child, the court shall not bring that order to an end at any time while the residence order concerned remains in force.
[F3(5)The power of a court to make a residence order in favour of any person who is not the parent or guardian of the child concerned includes power to direct, at the request of that person, that the order continue in force until the child reaches the age of eighteen (unless the order is brought to an end earlier); and any power to vary a residence order is exercisable accordingly.
(6)Where a residence order includes such a direction, an application to vary or discharge the order may only be made, if apart from this subsection the leave of the court is not required, with such leave]
Textual Amendments
F1S. 12(3)(a) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 57(a), Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(a)
F2Words in s. 12(3)(b) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 57(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F3S. 12(5)(6) inserted (30.12.2005) by 2002 c. 38, ss. 114(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
Commencement Information
I1S. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
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