Section 8 Orders Children’s act
- Created by: roisin.neeson
- Created on: 29-12-18 18:47
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- section 8 orders
- Prohibited steps order
- A Prohibited Steps Order is an Order that no step that could be taken by a parent in meeting his or her Parental Responsibility for a child, shall be taken by any person without the consent of the Court. This Order deals with specific problems which have arisen.
- Specific issue order
- A Specific Issue Order is an Order giving directions for the purpose of determining a specific question which has arisen or which may arise in connection with any aspect of Parental Responsibility for a child.
- It does not give a parent a general power, it just makes a decision on one issue over which there is a disagreement which cannot be resolved
- Child arrangements order
- Child arrangements orders regulate any of the following:With whom a child is to live, spend time or otherwise have contact.When a child is to live, spend time or otherwise have contact with a person.
- Child arrangements orders replaced residence orders and contact orders on 22 April 2014
- Welfare principle
- Section 1 of the Children’s Act states that the child’s welfare shall be the Court’s paramount consideration.
- In applying the Welfare Principal, the Court will carefully consider a checklist which is set out below, however this is not an exhausted list and the Court can also take any other relevant factors into account
- The ascertainable wishes and feelings of the child concerned (considered in the light oftheir age and understanding).
- The child’s physical, emotional and educational needs.
- The child’s age, sex, background and any characteristics of the child which the Courtconsiders relevant.
- No Order Principle
- Section 1(5) Children's Act 1989 provides: where the Court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order … unless it considers that doing so would be better for the child than making no order at all.’
- This provision does not create a presumption one way or the other. It merely demands of the court that it asks itself the question whether to make an order would be better for a child than making no order at all
- Section 1(5) Children's Act 1989 provides: where the Court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order … unless it considers that doing so would be better for the child than making no order at all.’
- No Delay Principle
- Section 1 (2) Children's Act 1989 states that the court must have regard to the general principle that any delay in the proceedings is likely to prejudice the Welfare of the child.
- care proceedings should not exceed 26 weeks. This limit was introduced by the 2014 Children and Families Act, and its introduction was aimed at reducing the time taken to complete important decisions about children’s futures
- Section 1 (2) Children's Act 1989 states that the court must have regard to the general principle that any delay in the proceedings is likely to prejudice the Welfare of the child.
- Who can apply?
- Entitled to apply
- Parent's - With Parental Responsibility
- Guardian appointed under S5 CA 1989
- Special Guardian appointed under S14A
- Entitled to apply for Child arrangement's order
- Party to a marriage where the child is a child of the family
- Anyone with whom the child has lived for the last three years
- Anyone who has consent of: -Local Authority where the child is in there care -all those with Parental Responsibility
- Entitled to apply
- Prohibited steps order
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