Monday 3 March 2014

Child Arrangement Orders - Can you define them?

WHOOPS on the new Children and Families Bill wording. As we approach the possible April deadline (I'm not sure I share Munby's February optimism), I've just noticed that our dear MPs and Lords seem to have left out the definition of the new child arrangements order from Section 8 (but included it in title) and left descriptions for residence and contact in (but removed them from title)?

http://www.publications.parliament.uk/pa/bills/lbill/2013-2014/0083/lbill_2013-20140083_en_1.htm - Is it me? Someone else have a look please. It's a game of drafts, and I fear someone's about to get huffed!

The definition should appear on page 140 (just after the change to the title of Section 8 orders in the Childrens Act 1989). Jump to the bottom of the link page and hit the link which says 140-149 (you don't have to wade page after page).

Just on timescales for the Bill gaining royal assent and coming into force... according to the President, it is hoped the new bill will come into force in April (yes, this year!). The Bill however is still in the ping-pong phase between the House of Lords and House of Commons, and others are predicting September.

Anyone guaranteeing April shouldn't in my opinion. As the above suggests, there may be some holes in it still... it could be me I suppose... or maybe both Houses are saying "well, Child Arrangement Orders are contact and residence orders" which suggests to me that the whole thing has been a monumental waste of time.

As for our new version of family law guides (FLAPP v.2), we're waiting to see if the deadline happens before launching, and amending just in case (albeit the final wording isn't yet agreed, nor are changes to family procedure rules on such matters as court bundles, so everyone's a bit blind at the moment).

Did anyone think that it might be an idea to have a bit of a space between final wording and implementation  as poor old litigants-in-person don't have access to Jordans.

SUBSEQUENT TO POSTING THIS

Ahha... you need to read from page 139, to page 15, to page 140. However could I have missed it! It's squirreled away in section 12 of the Bill, relating to section 8, which is not exactly sequential!