These are known as Section 8 Orders and were created by the Children Act 1989 to assist couples in certain disputes involving their children. We offer advice, assistance and representation where such Orders are appropriate. We will help you to navigate your way around the different types of Orders and explain what they mean.

A Residence Order determines with whom a child should live and a Contact Order determines whom the child should see. Specific Issue Orders deal with matters involving the exercise of parental responsibility and Prohibited Steps Orders are to restrict a person with parental responsibility being able to exercise it in a particular way.

However the Section 8 Orders were not just intended to be new labels for the old Orders, e.g. of custody and assess, but were intended to reflect the new legal structure under which parents and others would have parental responsibility for a child irrespective of the arrangements for the child’s residence or contact. The idea was to encourage adults involved with children to maintain their involvement in the child’s life and to try and avoid driving unnecessary wedges between them.

A Section 8 Order may be made with respect to a child, i.e. someone who is under the age of 18 years. No Section 8 Order can be made in respect of an unborn child. However no court may make a Section 8 Order which would have effect for a period which would end after the child has reached the age of 16 years or make a Section 8 Order with respect to a child who has reached the age of 16 unless it is satisfied that the circumstances of the case are exceptional.

When a court makes, varies or discharges a Section 8 Order including making any directions or conditions which may be attached to such an Order, they must have regard to:

1. The child’s welfare which is paramount.
2. Any delay in determining the question before the court that may be likely to prejudice the welfare of the child.
3. The welfare check list which is contained in the Children Act.
4. The No Order presumption, namely that no Order should be made unless to do so would be better for the child.

It is always better if disputes involving children can be resolved by way of mediation or by the collaborative law process thereby seeking an alternative form of dispute resolution other than making an application to the court.

At Eskinazi & Co, we have solicitors who are qualified in mediation and collaborative law and will be able to assist and advise you accordingly.