Et Voila! C’est Ici! Finalment!

No, I’m not sure why it’s in French either.

But voila all the same. Or Abracadabra. The mystery of quite how a custody residence or access contact order will be treated in the era of the Child Arrangements Order and how it might transform itself into the fundamentally different CAO is a mystery no more.

For, it seems, such old orders will morph themselves as if by magic, without so much as an issue fee or a puff of smoke, into an equivalent CAO. This much was promised in the guidance notes to the Act when it was a mere Bill, but the promise is now made flesh.

And they will do this by the power of greyskull secondary legislation: The Children and Families Act 2014 Transitional Provisions Order Article 6.

Now forgive me for repeating this. But if an old s8 order can transmogrify itself with the click of a finger into a new style s8 order, and if it has exactly the same consequences as its old self (well almost), what exactly is the difference? And what exactly is the point? That’s rhetorical. You don’t have to tell me labels matter. But actually attitudes matter more. And if attitudes had changed all that much people wouldn’t still be talking about custody. And you know as well as me people will still be talking about residence in another 20 years. They’ll probably still be banging on about custody too, but if they are I will have poked out my own eyes by that stage.

Back to the automatic conversion. May I extend, nay overstretch, the emerging magical trope that is beginning to become apparent? As they say : “As if by magic, the shopkeeper appeared…”

Mr Benn used to like a bit of fantasy cross dressing. But at the end of the day he was still Mr Benn. I think we could all learn a little something from Mr Benn, particularly the episode where he’s a Wizard.

And on that slightly surreal note, ladies and gentlebugs, I bid you over and out for a little while. I have a book to rewrite extensively and a headache to have, thanks to the torrent of primary and secondary legislation, guidance, observations, hints and mandates which now render my existing edition entirely obsolete. Anyone got a magic wand?

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13 thoughts on “Et Voila! C’est Ici! Finalment!

  1. Try

    Le voilà enfin!

  2. Nick Langford

    I wonder if the huge amount of frenzied rewriting and revision now necessary is justified by the relatively small change this will effect?

    I have a small hope that Child Arrangements Orders will encourage parties (and their lawyers) to consider the other party more, and the whole child-care package, rather than just their own rights.

    And whatever happened to Section 11?

    • s11 is in on 22 april. in its revised form.

      • Is s 11 coming in on the 22nd? It wasn’t there last time I looked, but I could easily have missed it.

        • do you know I’ve given up checking. maybe its not coming in… i’ve resorted to assumptions. but now i will have to go and bloody check when I am supposed to be drinking my “its almost a bank holiday daquiri”!

        • Bloody hell! You are right! When I last looked it was not on the commencement order but I’d assumed there’d be another one. D’you reckon it’s gone the way of the Children Schools & Families Act 2010 (on the shelf)??

  3. […] No, I'm not sure why it's in French either. But voila all the same. Or Abracadabra. The mystery of quite how a custody residence or access contact order will be treated in the era of the Child Arra…  […]

  4. I have spent the past two weeks changing the website and re-writing precedents whilst trying not to mention the R or C words. It’s not easy.

    To change languages [not in a pretentious way of course :-)] “Se vogliamo che tutto rimanga come è, bisogna che tutto cambi”.

  5. The chap who prosecutes breach of probation my mags’ court once had in the space of eighteen months three changes of job title. No increase in pay but the job title got longer every time.

    Plus ça change!

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