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Family Law

The leading authority on all aspects of family law

17 APR 2014

Family Proceedings: The Children and Families Act 2014 (Transitional Provisions) (SI 2014/1042)

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Family Proceedings: The Children and Families Act 2014 (Transitional Provisions) (SI 2014/1042)

1. This Order may be cited as the Children and Families Act 2014 (Transitional Provisions) Order 2014 and comes into force on 22nd April 2014.

2.-(1) In this Order-

"the 1989 Act" means the Children Act 1989;

"the 2014 Act" means the Children and Families Act 2014;

"a care order" has the same meaning as in the 1989 Act;

"a child arrangements order" means a child arrangements order as defined by section 8(1) of the 1989 Act;

"the commencement date" means the 22nd April 2014;

"a contact order" means a contact order as defined by section 8(1) of the 1989 Act prior to section 12 of the 2014 Act coming into force;

"a court officer" means a member of the court staff;

"residence order" means a residence order as defined by section 8(1) of the 1989 Act prior to section 12 of the 2014 Act coming into force;

"a section 31A plan" means a care plan prepared in accordance with section 31A of the 1989 Act;

"a supervision order" has the same meaning as in the 1989 Act.

(2) For the purposes of this Order, proceedings are issued on the date entered on the application form by the court officer.

This Order makes transitional provisions in connection with the coming into force of provisions in Part 1 and Part 2 of the Children and Families Act 2014 ("the 2014 Act"), which were brought into force by S.I.s 2014/793 and 2014/889on 22nd April 2014.

Article 3 provides that the court's ability to make an order for post adoption contact as provided for in section 51A of the Adoption and Children Act 2002 ("the 2002 Act") will not apply in relation to an application for a post adoption contact order under section 8 of the Children Act 1989 ("the 1989 Act") commenced but not disposed of prior to 22nd April 2014. Section 51A of the 2002 Act will only be disapplied in relation to proceedings that have arisen out of an application for a contact order as defined by section 8 of the 1989 Act.

Article 4 provides that section 9(7) of the 2014 Act which amends section 9(5)(a) of the 1989 Act will not apply in relation to family proceedings which commenced prior to 22nd April 2014 but have not been disposed of before that date.

Article 5 sets out transitional arrangements relating to the requirement to attend a family mediation information and assessment meeting contained in section 10 of the 2014 Act.

Article 6 deems contact orders and residence orders that were made under section 8 of the 1989 Act prior to 22nd April 2014, as child arrangements orders. It also deems applications for contact orders and residence orders that were made before the 22nd April but are still in progress on 22nd April 2014, as applications for child arrangements orders.

Article 7 makes clear that where a person has failed to comply with provision about contact that was contained in a contact order made before the 22nd April 2014, notwithstanding that the contact order will be deemed to be a child arrangements order from 22nd April onwards, sections 11J, 11L and 11O of the 1989 Act (which relate to enforcement and compensation), will only apply in respect of the failure to comply with that contact provision. Article 7 does not affect the operation of these sections in relation to provision contained in a child arrangements order (that was previously a contact order) that were added to, or varied, by the court on or after 22nd April.

Article 8 provides transitional provision in relation to the timetable drawn up by virtue of section 32(1) of the 1989 Act for proceedings under Part 4 of that Act.

Article 9 provides a time period by which an interim care or supervision order made before the 22nd April 2014, that does not specify a date by which it is to expire, will cease to have effect.

Article 10 makes transitional arrangements in relation to the duty of the court under section 31 of the 1989 Act to consider a care plan made under section 31A of that Act, before it makes a care order.

Article 11 makes transitional arrangements in relation to section 17 of the 2014 Act.

The SI is available to download here.

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