Lecture 3 – Children Act 1989

shummi.s@hotmail.co.uk

Lesson Objectives:

1. To be able to recap what parental responsibility is.2. To be able to list 3 principles discussed last lesson.3. To be able to list minimum of 5 factors which are applied in court proceedings when making a decision about a child’s upbringing.

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?

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?

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.

Section 8 Orders

Under s.8 CA 1989, the court can make four orders; a residence order, a contact order, a prohibited steps order and a specific issue order.

The orders can be obtained by either a separate application or as part of any ‘family proceedings’. The court has the power to make an order of its own choice, in respect of any child, if an issue as to that child’s welfare arises in the proceedings.

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).

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.

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.

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.

Automatic right to apply for all orders

Right to apply for contact/residence

orders

Right to apply with leave of the court

ParentsAnyone with a residence order

Guardians

Anyone the child has lived with for three out of the past five years.

Either party to a marriage or civil

partnership, in respect of a child of the family.

Anyone, with consent of the parents or of

everyone with a residence order or of the local authority (if

the child is in care)

Anyone, including the child. Special rules apply to foster

parents.