Section 40 — Care of Children Act 2004: Agreements between parents and guardians

40 Agreements between parents and guardians (1) A party to an agreement to which subsection (2) applies— (a) may request counselling in respect of a dispute relating to the agreement, under section 65(1) ; and (b) may seek to have terms of the agreement embodied in an order of the Court that may be enforced, as provided in subsections (3) and (4) of this section. (2) This subsection applies to an agreement between parents or guardians of a child so far as it relates to when 1 or more specified persons have the role of providing day-to-day care for the child or have contact with the child, or to the upbringing of the child, or to any combination of those matters. (3) An agreement to which subsection (2) applies cannot be enforced under this Act, but some or all of the terms of the agreement may be embodied in an order of the Court if, under 1 or more provisions of this Act other than this section (for example, under section 48(1) ),— (a) some or all of the parties to the agreement may apply for the order; and (b) the order may be made by the Court. (4) The order may be enforced under this Act in the same way as an order that does not embody terms of an agreement to which subsection (2) applies. Compare: 1968 No 63 s 18