§ ' .—(1) Where—
- (a) a residence order is in force with respect to a child in favour of any person; and
- (b) any other person (including one in whose favour the order is also in force) is in breach of the arrangements settled by that order,
§ the person mentioned in paragraph (a) may, as soon as the requirement in subsection (2) is complied with, enforce the order under section 63(3) of the Magistrates' Courts Act 1980 as if it were an order requiring the other person to produce the child to him.
§ (2) The requirement is that a copy of the residence order has been served on the other person.
631§ (3) Subsection (1) is without prejudice to any other remedy open to the person in whose favour the residence order is in force.'.—[The Solicitor-General.]
§ Brought up, and read the First time.
§ The Solicitor-GeneralI beg to move, That the clause be read a Second time.
The new clause gives a person with benefit of a residence order a means of enforcing that order in a magistrates court under section 63 of the Magistrates' Courts Act 1980. That means that a magistrates court may order a person acting in breach of the order to pay a sum not exceeding £50 for evey day during which he is in default or a maximum sum of £2,000 in total, or it may commit him to custody until he has remedied his default or for a period not exceeding two months. The person in breach must first be served with a copy of the order so there is no chance of him attracting penalties in ignorance.
I have referred to magistrates courts, but breaches of orders in higher courts could be dealt with as contempts. I commend the new clause to the House.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.