Lecture 3 Family Law 's.8 Orders'

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Lecture 3 Family Law 's.8 Orders'

  1. 1. Lecture 3 – Children Act 1989 shummi.s@hotmail.co.uk
  2. 2. Lesson Objectives:1. To be able to recap what parentalresponsibility is.2. To be able to list 3 principles discussed lastlesson.3. To be able to list minimum of 5 factors whichare applied in court proceedings when making adecision about a child’s upbringing.
  3. 3. The 3 Principles!!!What are the 3 principles which are applied when making a decision about a child’s upbringing? Paramountcy principle, no order/non intervention principle, and avoiding delays. Describe these?
  4. 4. The 3 principles Can you explain them/list case law? 1. Paramountcy? Describe and case-law? 2. No order/non intervention – describe.3. Avoidance of Delay principle – describe?
  5. 5. Recap Test – 10 mins.1. What are the 3 principles applied in court proceedings needed to be considered for a child’s upbringing?2. What are the 7 factors applied in court proceedings when considering a child’s upbringing?3. Explain what is meant by paramountcy, welfare, and autonomy in relation to the CA 1989.4. Discuss the Welfare vs Autonomy argument.
  6. 6. Section 8 OrdersUnder s.8 CA 1989, the court can make fourorders; a residence order, a contact order, aprohibited steps order and a specific issue order.The orders can be obtained by either a separateapplication or as part of any ‘family proceedings’.The court has the power to make an order of itsown choice, in respect of any child, if an issue asto that child’s welfare arises in the proceedings.
  7. 7. Who can apply for a s.8 order? Under s.10(4) CA 1989 3 types of people can have an automatic right to apply for ANY s.8 order:1. The child’s legal parent(s)2. The child’s guardian(s) or special guardian(s);3. A step-parent who has PR (including a parent’s civil partner).
  8. 8. Under s.10(5) CA 1989 a further 3 groups of people have an automatic right to apply for contact or residence orders:1. Either party to a marriage or civil partnership, whether it is existing or not, in respect of a child of the family.2. Anyone with whom the child has lived with for 3 out of the past 5 years.3. Anyone who has obtained the consent of the parents with PR or from everybody in whom a residence order has been made, or of the local authority if the child is in care. A relative of the child with whom the child has been living with for the past year can apply for residence orders only.
  9. 9. Who can apply for s.8 orders? Finally, anybody else, including the child himself, can apply with permission of the court. Before granting this to anyone other than the child, the court must consider the following:1. The nature of the proposed application.2. The applicant’s connection with the child.3. Any risk of disruption to the child’s life, to the extent that he would be harmed.4. Where the child is in local authority care, the LA’s plans for the child’s future and the wishes and feelings of the child’s parents. When the application is made by the child himself, the court must satisfy that the child has sufficient understand to make the proposed application.
  10. 10. Who can apply for a s.8 order? If a child is, or has been at any time in the past SIX MONTHS, in foster care, the foster parent may not apply for leave to apply for a s.8 order unless:1. He has the consent of the Local Authority.2. He is the relative of the child.3. The child has lived with him for at least one year preceding the application.
  11. 11. Automatic right to apply Right to apply for Right to apply with for all orders contact/residence leave of the court orders Anyone Anyone, including the child.Parents Guardians with a Special rules apply to foster residence parents. order Either party to a Anyone the child has lived with for Anyone, with consent marriage or civil three out of the past five years. of the parents or of partnership, in respect everyone with a of a child of the family. residence order or of the local authority (if the child is in care)

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