Part 3: Powers for dealing with domestic abuse Section 52: Powers to make other orders in proceedings under this Part
Subsection (1) inserts a reference to Part 3 of the Act into section 8(4) of the Children Act 1989. By doing so, the Act amends the Children Act 1989 to provide that proceedings under Part 3 of the Domestic Abuse Act 2021 are "family proceedings" for the purposes of the Children Act 1989. The effect of this amendment is to enable a judge (sitting in the family court or Family Division of the High Court) hearing an application to make or vary a DAPO to make an interim care order, or exercise other powers available to the court under the Children Act 1989, in the same set of proceedings. This enhances the court’s ability to protect children who are exposed to domestic abuse at the point of dealing with such abuse, and without requiring the issue of separate applications and fresh proceedings (as would otherwise be the case). An interim care order means that the local authority would have the power to make decisions about where the child lives and the welfare of the child.
	Subsection (2) inserts a reference to Part 3 of the Act into section 63(2) of the Family Law Act 1996. By doing so, the Act amends the definition of "family proceedings" for the purposes of Part 4 of the Family Law Act 1996 to include within the definition proceedings under Part 3 of the Domestic Abuse Act 2021. The effect of this amendment is to enable a judge (sitting in the family court or Family Division of the High Court) hearing an application to make or vary a DAPO to make an occupation or non-molestation order, or a forced marriage protection order in the same set of proceedings.