§ 35 — Power to order mediation, counselling, etc.

35.—(1) At any time during any adoption proceedings, the court may, on the application of the Guardian‑in‑Adoption or on its own motion, make an order requiring the joint applicants (or either of them) or sole applicant (as the case may be), any relevant person of the child before the court, or the child, to undergo mediation, counselling, psychotherapy or other assessment, programme or treatment or to partake in any activity that the court thinks is beneficial for achieving any of the following:(a)

in the case of a contested adoption application — an amicable resolution of any issue arising from the application;

(b)

in any case —(i)

enhancing, promoting or protecting the physical, mental, social or psychological wellbeing or safety of the child before the court; or

(ii)

resolving any relationship problem —(A)

between the joint applicants (or either of them) or sole applicant (as the case may be) and the child;

(B)

between the joint applicants (or either of them) or sole applicant (as the case may be) and any relevant person of the child; or

(C)

between the child and any relevant person of the child.

(2) In making an order under subsection (1), the court may require the joint applicants or sole applicant (as the case may be) or the relevant person to enter into a bond to comply with the order.

(3) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any order given under subsection (1) is not a contempt of court.

(4) If any order under subsection (1) is not complied with, the court may —(a)

stay the adoption proceedings until the order has been complied with;

(b)

order any person responsible for the non‑compliance to pay the costs of the adoption proceedings; or

(c)

make any other order as the court thinks fit.

—(1) At any time during any adoption proceedings, the court may, on the application of the Guardian‑in‑Adoption or on its own motion, make an order requiring the joint applicants (or either of them) or sole applicant (as the case may be), any relevant person of the child before the court, or the child, to undergo mediation, counselling, psychotherapy or other assessment, programme or treatment or to partake in any activity that the court thinks is beneficial for achieving any of the following:(a)

in the case of a contested adoption application — an amicable resolution of any issue arising from the application;

(b)

in any case —(i)

enhancing, promoting or protecting the physical, mental, social or psychological wellbeing or safety of the child before the court; or

(ii)

resolving any relationship problem —(A)

between the joint applicants (or either of them) or sole applicant (as the case may be) and the child;

(B)

between the joint applicants (or either of them) or sole applicant (as the case may be) and any relevant person of the child; or

(C)

between the child and any relevant person of the child.

(2) In making an order under subsection (1), the court may require the joint applicants or sole applicant (as the case may be) or the relevant person to enter into a bond to comply with the order.

(3) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any order given under subsection (1) is not a contempt of court.

(4) If any order under subsection (1) is not complied with, the court may —(a)

stay the adoption proceedings until the order has been complied with;

(b)

order any person responsible for the non‑compliance to pay the costs of the adoption proceedings; or

(c)

make any other order as the court thinks fit.