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Family Law

The leading authority on all aspects of family law

10 SEP 2007

Children and Adoption Act 2006 Implementations

Section 6 of the Children and Adoption Act 2006, which amends s 16 of the Children Act 1989 relating to family assistance orders, and s 7 of the 2006 Act which brings into force the new s 16A of Children Act 1989 relating to risk assessments, will come into force on 1 October 2007 with the following statutory instruments.

  • The Family Proceedings (Amendment) (No 2) Rules 2007 (SI 2007/ 2187);
  • The Family Proceedings Courts (Miscellaneous Amendments) Rules 2007 (SI 2007/2188.
  • See further Legislation below.

    The President of the Family Division has also issued two Practice Directions dated 3 September 2007 in connection with the following provisions which also come into force on 1 October 2007:

    a) requiring consultation with an officer of the Service, Welsh family proceedings officer or local authority officer before making a family assistance order so that the officer can comment on whether a family assistance order would benefit the child concerned and how the order would be expected to work;
    b) specifying that where an officer of the Service or Welsh family proceedings officer carries out a risk assessment but concludes that there is no risk, the risk assessment should still be filed with the court.

    See further Practice Guidance below.

    The government will announce later when the remaining provisions of the 2006 Act relating to contact activity directions and conditions, warning notices, enforcement orders and orders for financial compensation are intended to come into force.

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