Section 60 — Care of Children Act 2004: Procedure for dealing with proceedings in section 59(1)

60 Procedure for dealing with proceedings in section 59(1) (1) In proceedings to which this section applies in accordance with section 59 (the proceedings ), the Court must, as soon as practicable,— (a) consider whether to appoint a lawyer to act for the child under section 7(1) ; and (b) determine, on the basis of the evidence presented to it by, or on behalf of, the parties to the proceedings, whether the allegation of violence is proved. (2) Nothing in subsection (1) requires the Court to make any inquiries on its own initiative in order to make a determination on the allegation. (3) If the Court is satisfied that a party to the proceedings (the violent party ) has used violence against the child or a child of the family, or against the other party to the proceedings, then, unless subsection (4) applies, the Court must not make— (a) an order giving the violent party the role of providing day-to-day care for the child to whom the proceedings relate; or (b) any order allowing the violent party contact (other than supervised contact) with that child. (4) In the situation in subsection (3) , the Court may make an order in subsection (3)(a) or (b) if, after complying with section 61 , the Court is satisfied that the child will be safe while the violent party— (a) provides day-to-day care for the child; or (as the case may be) (b) has contact with the child. (5) If, in the situation in subsection (3) , the Court is not satisfied as provided in subsection (4) , it may make an order for supervised contact between the child and the violent party, and, if it does so, the Court must specify in the order whether the supervised contact is to occur— (a) under the supervision of an approved provider; or (b) in the immediate presence of a person approved by the Court (for example, a relative, a friend of the family of the child, or any other person whom the Court considers suitable). (6) Despite subsection (1) , the Court may make any order under this Act that it thinks fit in order to protect the safety of the child if the Court— (a) is unable to determine, on the basis of the evidence presented to it by, or on behalf of, the parties to the proceedings, whether the allegation of violence is proved; but (b) is satisfied there is a real risk to the child's safety. Compare: 1968 No 63 s 16B(2)-(6)