SCHEDULES

SCHEDULE 2Child arrangements orders: amendments

PART 1Amendments of the Children Act 1989

40I1

1

Schedule 1 (financial provision for children) is amended as follows.

2

In paragraph 1 (power of court to make orders on application of parent, guardian, special guardian or person in whose favour residence order in force)—

a

in sub-paragraph (1) for the words from “in whose favour” to “to a child” substitute “ who is named in a child arrangements order as a person with whom a child is to live ”,

b

in sub-paragraph (6)—

i

omit “a residence order or”, and

ii

after “special guardianship order” insert “ , or on making, varying or discharging provision in a child arrangements order with respect to the living arrangements of a child, ” and

c

after sub-paragraph (6) insert—

6A

For the purposes of sub-paragraph (6) provision in a child arrangements order is with respect to the living arrangements of a child if it regulates arrangements relating to—

a

with whom the child is to live, or

b

when the child is to live with any person.

3

In paragraph 8 (circumstances in which court may revoke financial relief order under other enactment)—

a

in sub-paragraph (1) for “residence order” substitute “ child arrangements order to which sub-paragraph (1A) applies ”, and

b

after sub-paragraph (1) insert—

1A

This sub-paragraph applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

a

with whom the child concerned is to live, and

b

when the child is to live with any person.

c

in sub-paragraph (2)(b)—

i

after “any person” insert “ who is named in a child arrangements order as a person with whom the child is to live or ”, and

ii

omit “a residence order or”.

4

In paragraph 15 (local authority may contribute to maintenance of child living with person as a result of residence order) for “residence order” substitute “ child arrangements order ”.