Care of Children Act 2004

55 Content and explanation of parenting orders

• (1) An order under section 48(1)—

  • (a) must contain an explanation, based on the precise terms of the particular order, of—

    • (i) the effect of the order (for example, of the obligations the order creates); and

    • (ii) any processes for the monitoring and review of the order, and the means by which the order can be varied or discharged; and

    • (iii) the consequences that may follow if the order is not complied with; and

  • (b) without limiting paragraph (a), must be accompanied by general information, in the prescribed form, about the matters stated in paragraph (a)(i) to (iii).

  (2) A lawyer acting for, or other person representing, a party to an order under section 48(1) must explain to the party the effect of the order.

  (3) Explanations required by subsections (1)(a) and (2) must be given in a manner and in language that the recipients of those explanations understand.

  (4) A lawyer acting for, or other person representing, a child, must take all reasonable steps to ensure that the effect of an order under section 48(1) is explained to the child, to an extent and in a manner and in language that the child understands.

  (5) A failure to comply with a requirement imposed by this section does not affect the validity of the order concerned.

  Compare: 1989 No 24 s 10; 1995 No 86 s 87