Women’s Charter 1961 · s 139I

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—(1) This section applies to a case —(a)where proceedings are brought under Part 10; and(b)the parties —(i)have one or more children below 21 years of age; and(ii)fall within a prescribed class of persons.(2) Without limiting any other power of the court, the court —(a)must, subject to subsection (3), make either or both of the following orders:(i)an order for the parties or their children (or both) to attend mediation;(ii)an order for the parties or their children (or both) to attend counselling; and(b)may, at any stage of the proceedings and if the court considers that doing so is in the interests of the parties or their children, advise all or any of the following persons to attend a family support programme:(i)the parties;(ii)their children;(iii)any person falling within a prescribed class of persons.(3) The court may dispense with the orders under subsection (2)(a) if the court considers that mediation or counselling would not be in the interest of the parties or their children, as the case may be.(4) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice under subsection (2)(b) is not a contempt of court.(5) If any order or advice under subsection (2) (other than advice to a person mentioned in subsection (2)(b)(iii)) is not complied with, the court may —(a)stay the proceedings until the order or advice has been complied with;(b)order any party responsible for the non‑compliance to pay the costs of the proceedings; or(c)make any other order it sees fit.
This section applies to a case —(a)where proceedings are brought under Part 10; and(b)the parties —(i)have one or more children below 21 years of age; and(ii)fall within a prescribed class of persons.
Without limiting any other power of the court, the court —(a)must, subject to subsection (3), make either or both of the following orders:(i)an order for the parties or their children (or both) to attend mediation;(ii)an order for the parties or their children (or both) to attend counselling; and(b)may, at any stage of the proceedings and if the court considers that doing so is in the interests of the parties or their children, advise all or any of the following persons to attend a family support programme:(i)the parties;(ii)their children;(iii)any person falling within a prescribed class of persons.
The court may dispense with the orders under subsection (2)(a) if the court considers that mediation or counselling would not be in the interest of the parties or their children, as the case may be.
Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice under subsection (2)(b) is not a contempt of court.
If any order or advice under subsection (2) (other than advice to a person mentioned in subsection (2)(b)(iii)) is not complied with, the court may —(a)stay the proceedings until the order or advice has been complied with;(b)order any party responsible for the non‑compliance to pay the costs of the proceedings; or(c)make any other order it sees fit.

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s 139IMediation, counselling and family support programmes in matrimonial proceedings involving prescribed persons

(1)

This section applies to a case —

(a)

where proceedings are brought under Part 10; and

(b)

the parties —

(i)

have one or more children below 21 years of age; and

(ii)

fall within a prescribed class of persons.

(2)

Without limiting any other power of the court, the court —

(a)

must, subject to subsection (3), make either or both of the following orders:

(i)

an order for the parties or their children (or both) to attend mediation;

(ii)

an order for the parties or their children (or both) to attend counselling; and

(b)

may, at any stage of the proceedings and if the court considers that doing so is in the interests of the parties or their children, advise all or any of the following persons to attend a family support programme:

(i)

the parties;

(ii)

their children;

(iii)

any person falling within a prescribed class of persons.

(3)

The court may dispense with the orders under subsection (2)(a) if the court considers that mediation or counselling would not be in the interest of the parties or their children, as the case may be.

(4)

Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice under subsection (2)(b) is not a contempt of court.

(5)

If any order or advice under subsection (2) (other than advice to a person mentioned in subsection (2)(b)(iii)) is not complied with, the court may —

(a)

stay the proceedings until the order or advice has been complied with;

(b)

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

(c)

make any other order it sees fit.