PRIVATE DISPUTES: s8 CA

Question 1

Who can they apply to

Answer 1

anyone under 18, but only 16 and 17 yo in exceptional circumstances

Question 2

Exceptional circumstances for 16/17 yo s8 order

Answer 2

RE M (IMMIGRATION) 
- NO relatives living in UK sufficently exceptional to make residence order that lasted until 18th irthday

Question 3

3 types?

Answer 3

1) Child arrangement order
2) Specific Issue order
3) Prohibitive steps order

Question 4

CAOs

Answer 4

Used to be divided into RESIDENCE and CONTACT, but changed by FCA 2014 to prevent a sense of winners and losers

Question 5

SIOs

Answer 5

Allows court to rule on a specific issue that is related to an aspect of PR
Re C (HIV TEST)
CANT BE USED IF RESULT ACHIEVABLE BY CAO

Question 6

PSOs

Answer 6

Stops P from doing something they would normally be able to under PR

Question 7

What are restrictions to s8 orders?

Answer 7

1) Must be related to PR -> NvN: trying to force a get be granted to W, not under s8 is adult law -> Religious Marriage Act 2002
2) No power to make order that is same as other orders under different law: Re H
3) Cant grant PSO/SIO if trivial -> Re C: taking C on holiday against Ps wishes NO
4) Must be precise -> Re G (CONTEMPT:COMMITAL)

Question 8

Conditions can be attached to s8 orders

Answer 8

s11(7)

• how s8 order is to be effected
• impose conditions on anyone mentioned in order
• make order/part of order valid for specific time period

Question 9

Due to it being a vast power, court has restricted how conditions can be applied s8 orders under s11(7)

Answer 9

1) Cant raise new issue:N vN
2) Cant be incompatiable with main issue: BIRMINGHAM CC v H
3) Cant effect P’s fundamental rights: Re E (IMPOSITION OF CONDITONS)
4) Cant allow ‘back door’ to seperate orders D v N (CONDITIONS)
5) Must be enforceable : B v B 6:30 bedtime no way

Question 10

Who can apply for s8 orders

Answer 10

1) those with automatic right who have PR

2) anyone else who has leave of court

Question 11

Granting leave for applying for s8 order?

Answer 11

s10(9)

• Nature of application
• COnnection to C
• Risk of appllication disrupting C
• Paramouncy principle doesnt apply because is only granting a permission to next step

Question 12

Limiting leave to apply for s*?

Answer 12

s91(4)
Prevents C suffering distress from constantly having to defend s8 order requests
ONLY is future applications are llikely to be ‘frivilous, vexatious or unreasonable’