Explanatory Notes

Children and Adoption Act 2006

2006 CHAPTER 20

21 June 2006

Commentary on Sections and Schedules

Schedule 1 - Enforcement orders

Section 6 - Provision as to family assistance orders

45.Section 6 amends section 16 of the 1989 Act so as to enable family assistance orders (FAOs) to be used more often and for a longer duration. The requirement that FAOs be made only in exceptional circumstances is removed, and the maximum duration of such orders is extended from six to twelve months.

46.The amendments also provide that where an FAO is to be in force at the same time as a contact order with respect to a particular child, the FAO may direct the CAFCASS or local authority officer carrying it out to give advice and assistance about improving and maintaining contact.

47.Finally, the amendment made to section 16(6) of the 1989 Act by subsection (5) provides that FAOs may direct the CAFCASS or local authority officer concerned to report to the court on matters regarding any section 8 order(2) which is in force at the same time, including whether the order ought to be varied or discharged.

2

A section 8 order is an order under section 8 of the 1989 Act. A contact order is a section 8 order.