Section 8 and Contact Orders Flashcards
Without valid objections to a contact order, court can still order one
(Bangladeshi cultural sensitivities)
Re H (A Child) (Contact)
What section 8 orders are there?
- Specific Issue
- Prohibited Steps
- Child Arrangements
Who can apply for ANY OF THE SECTION 8 ORDERS?
Any person with PR
Who can apply for CHILD ARRANGEMENTS ORDERS?
- Couples where child is a child of the family
- Any person with whom the child has lived for at least 3 years
- Any person who has the consent of each person named on any existing child arrangements order
- Any person with the consent of each person with PR over the child
If you do not meet the requirements to apply for a section 8 order, how can you get one?
Apply for leave of the court to apply for a s8 order
•S10(2)(b) CA 1989
For applications for leave of court for s8 orders, what will the court consider?
- – S10(9) CA 1989 —
1. Nature of proposed s8 order
- Applicant’s connection with child
- Any risk of s8 order disrupting child’s life so much that it harms the child
- If child is in care of local authority,
• Authority’s plan for child’s future
• Child’s parents’ wishes and feelings
Goal of contact orders is to provide ‘practical solutions to practical problems’
Baroness Hale in Holmes
Types of child arrangements orders available?
[Child Arrangements replaced old classification of contact orders]
- Contact orders
- Shared residence
- Transfer of residence
When is a contact activity direction given?
Made during the proceedings
E.g. SPIPs
When is a contact activity condition given?
Can be made with a child arrangements order
E.g. To promote better communication between parents
Can a child apply for a section 8 order?
Yes, if court is satisfied that child has ‘sufficient understanding to make the proposed application’
• S10(8) CA 1989
