HL Deb 08 November 1989 vol 512 c730

36 After Clause 12, insert the following new clause —

'Enforcement of residence orders.

. —(1) Where —

  1. (a) a residence order is in force with respect to a child in favour of any person; and
  2. (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.

(3) Subsection (1) is without prejudice to any other remedy open to the person in whose favour the residence order is in force.'

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 36. The new clause provides a remedy in the magistrates' courts for the person who has a residence order in his favour where another person breaches the arrangements settled by the order.

Moved, That the House do agree with the Commons in the said amendment. —(The Lord Chancellor.)

On Question, Motion agreed to.