Care of Children Act 2004

70 Ordering party to enter into bond

  • (1) On an application for the purpose or on its own initiative, the court may order a party who has contravened a parenting order to enter into a bond as an assurance that the party will not contravene the parenting order again.

    (2) Before making an order under subsection (1), the court must consider the extent (if any) to which the party has sufficient means to deposit an amount of money in the court.

    (3) The bond must specify—

    • (a) the amount of money to be deposited in the court; and

    • (b) the conditions the breach of which may lead to some or all of that money being forfeited to the Crown; and

    • (c) that, if that money is forfeited by a direction under subsection (4), the court may, by an order under section 71(1) made at the same time as that direction, require costs incurred by another party to the parenting order to be satisfied from that money; and

    • (d) a date after which the bond will no longer be required (if the bond does not cease to be required earlier, because the parenting order ceases to have effect earlier).

    (4) If, after entering into the bond, the party contravenes the parenting order again, the court may, at its discretion and on an application for the purpose, direct that some or all of the bond is forfeited to the Crown, but the court must exercise its discretion by taking into account—

    • (a) the reason the bond was imposed; and

    • (b) the extent to which the conditions of the bond have been met or breached; and

    • (c) any explanation given for the breach of the bond conditions; and

    • (d) all other matters the court considers relevant.

    (5) Following the earlier of the following dates, the bond is no longer required, and the court must make all reasonable efforts to refund to the party any money not forfeited by a direction of the court under subsection (4):

    • (a) the date on which the parenting order ceases to have effect:

    • (b) the date specified under subsection (3)(d).

    (6) Nothing in this section prevents the court, on an application for the purpose or on its own initiative, from revoking the order and directing that any money not forfeited by a direction of the court under subsection (4) be refunded to the party.