Professional Documents
Culture Documents
INTRO
The parties must first attempt to resolve the issue between
themselves. If this fails then the parties can seek a section 8 order.
There are 3 section 8 orders: Child Arrangement order (covers living
and contact), Prohibited Steps Order, and Specific Issue Order. These
orders can be made in any family proceedings subject to section 8(3).
The orders can last for a specific duration or until a further order is
made (Section 11(7)(c)). Finally, the orders can only be made for
children under the age of 18 (Section 9(6).
2.
WHAT ORDER CAN BE MADE
If a child arrangement order is made then as per section 13(1)
(a)and(b) the childs surname cannot be changed and the child cannot
be removed from the jurisdiction without written consent from all with
PR or without the courts permission.
A Shared residence order can be made where it reflects the reality of
the childs life (D v D).
A contact order can be made and various conditions can be attached to
it (Section 11(7)).
A Prohibited steps order stops the party from doing something in
relation to the child.
A Specific issue order addresses a specific question. A SIO can be
made in relation to the childs school (H-D) or in relation to a childs
religious upbringing (Re J).
3.
WHO CAN ASK FOR THE ORDER
Section 10 provides that either an entitled applicant can petition the
court for a section 8 order or a non-entitled applicant can.
Section 10(4)(a) provides that parents are entitled applicants, which
means that they do not need the courts permission to seek a section 8
order. M v C states that reference to parents includes both natural
parents, regardless of parental responsibility.
It is important to note that the court can black a party from making
section 8 orders under section 91(14). This is in order to protect the
parents and the child from vexatious litigation.
4.
THE NO ORDER PRINCIPLE
Section 1(5) provides that the courts will not make an order unless
they are satisfied that making an order is better than not making one
at all. This creates a low threshold for the claimant to cross. (Easily