Section 56 Child’s Right Act
Section 56 Child’s Right Act 2003 is about Parental contacts, etc., with children in care. It is under Part VI (Care and Supervision) of the Act.
(1) A State Government or an appropriate authority, shall, subject to the provisions of this section, allow a child under its care, reasonable contact with‐
(a) the parents of the child;
(b) the guardian of the child;
(c) a person in whose favour a residence order was previously made immediately before a care order was made; and
(d) a person who, immediately before the care order was made, had care of the child by virtue of an order made by the Court .
(2) On an application made by the State Government, appropriate authority or the child, the Court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and a named person.
(3) On an application made by‐
(a) a person mentioned in paragraphs (a) to (d) of subsection (1) of this section; or
(b) a person who has obtained leave of the Court to make the application, the Court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and that person.
(4) On an application made by the State Government or the appropriate authority with respect to the child, the Court may make an order authorising the State Government or the appropriate authority to refuse to allow contact between the child and a person who is mentioned in paragraphs (a) to (d) of subsection (1) of this section and named in the order.
(5) When making a care order, or in any family proceeding in connection with a child who is in the care of a State Government, the court may make an order under this section, notwithstanding that no application for the order has been made with respect to the child, if it considers that the order should be made.
(6) The state Government or appropriate authority may refuse to allow the contact that would otherwise be required by virtue of Subsection (1) of this section or an order made under this section if‐
and
(a) it is satisfied that it is necessary to do so in order to safeguard or promote the welfare of the child;
(b) the refusal ‐
(i) is decided on as a matter of urgency , and
(ii) does not last for more seven days.
(7) An order made under this section may impose such conditions as the Court considers appropriate.
(8) The Court may vary or discharge an order made under this section on the application of the State Government or appropriate authority, the child concerned or the person named in the order.
(9) An order under this section may be made at the same time as the care order itself or later.
(10) The Court shall, before making a care order‐
(a) consider the arrangement which the State Government or appropriate authority has made, or proposes to make, for affording a person contact with a child to whom this section applies; and
(b) invite me parties to me proceedings to comment on the arrangement
(11) The Minister may by regulations make provisions as to‐
(a) the steps to be taken by a State Government or an appropriate authority that has exercised its powers under subsection (6) of this section;
(b) the circumstances in which and conditions subject to which, the terms and conditions of an order made under this section may be departed from by agreement between the appropriate authority and the person in relation to whom the order is made; and
(c) notification by a State Government or an appropriate authority of any variation or suspension of arrangements made, otherwise than under this section, with a view to affording a person contact with a child to whom this section applies.
