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Family Law

The leading authority on all aspects of family law

12 DEC 2008

Cafcass guidance to practitioners on Children and Adoption Act 2006

The following guidance has been issued by Cafcass for Cafcass Practitioners on their roles in supporting the courts in their use of the section 11 A - P provisions, Children Act 1989 (as inserted by the Children and Adoption Act 2006).

On 8 December 2008, sections 1-5 and 8 of Part 1 of the Children and Adoption Act 2006 came into force. Their effect is to amend section 11 of the Children Act 1989, by inserting sections 11A-11P into the 1989 Act. These provisions confer additional powers on the courts, when they are dealing with applications for contact orders made under section 8 (Children Act 1989). The provisions also place a number of specific new duties on Cafcass.

This guidance describes the new provisions, in terms of what Cafcass officers should do in supporting the work of the courts. The guidance has been drafted in consultation with the Magistrates' Association, the Association of HM District Judges and the President of the Family Division, Sir Mark Potter, who has disseminated this guidance to the judiciary, with his endorsement of its contents. This means that the courts will be anticipating that Cafcass will undertake its work in the ways described in the attached guidance.

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