Children and Adoption Act 2006

An Act to make provision as regards contact with children; to make provision as regards family assistance orders; to make provision about risk assessments; to make provision as regards adoptions with a foreign element; and for connected purposes.

 

 

 

 

Reference: In the APA referencing system, Acts of Parliament do not need including in the reference list. On the first mention of the Act, a full citation is given in the text (ie. the name of the Act with date)

 

commentary

 

Summary;


Part 1 - Orders with respect to children in family proceedings


Part 1 of the Act adds to the powers of the courts when dealing with cases involving contact with children.

During the proceedings a court may, even if it does not make a contact order, direct a party to take part in an activity that would promote contact with a child. It may make similar provision by means of a condition in a contact order.

The courts' powers in cases involving breach of a contact order are increased by adding:

a power to make an enforcement order imposing an unpaid work requirement;

a power to order one person to pay compensation to another for a financial loss caused by a breach.

These powers are in addition to their powers as to contempt and their ability to alter the residence and contact arrangements as regards a child.

Part 1 also includes provision to reform the courts' existing power to make family assistance orders and imposes a duty on the Children and Family Court Advisory and Support Service (CAFCASS) and Welsh family proceedings officers to carry out risk assessments where they suspect a child is at risk of harm.

 

Part 2 - Adoptions with a foreign element


Part 2 makes provision for the Secretary of State to suspend intercountry adoptions from a country if he has concerns about the practices there in connection with the adoption of children.

It also makes other provision for the following other matters relating to intercountry adoption:

providing a power for the Secretary of State and the National Assembly for Wales to charge a fee to adopters or prospective adopters for services provided in relation to intercountry adoptions;

preventing an overlap of functions by local authorities where a child is brought into the country for the purposes of intercountry adoption; and

amending section 83 of the Adoption and Children Act 2002 to make it harder for intercountry adopters to circumvent restrictions on bringing children into the UK.

 

Part 3 - Miscellaneous and final


Part 3 makes a number of miscellaneous and final provisions, including provision about the operation of orders and regulations made under the Act, and provision about commencement and extent.

It also provides for Schedules 2 and 3, which make provision for minor and consequential amendments and repeals, to have effect.

 

 

 

Acts of parliament are continuously updated (revised) to reflect subsequent acts that impact them; the pdf we hold is the original act as printed. The following link is the latest revised version;

 

Children and Adoption Act 2006 - latest revised version

 

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Crown copyright material is reproduced here under the Open Government Licence for public sector information.

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