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.

This is a new concept introduced as part of recent changes in adoption law. It provides an alternative solution where adoption may not be appropriate. Some children may benefit from permanent placement with a long-term carer who may or may not be a member of the extended family.

Special Guardianship

A Special Guardianship Order is an Order whereby one or more individuals are appointed to be a child’s “Special Guardian”.  The effect of a Special Guardianship Order is that while it is in force, a Special Guardian has parental responsibility for the child named in the Order and subject to any other Order in force, a Special Guardian is entitled to exercise parental responsibility to the exclusion of any other person who has parental responsibility for the child (apart from any other Special Guardian).

The idea behind a Special Guardianship Order, which was introduced by the Adoption and Children Act 2002, was to place a child with a non-parent with a degree of permanence which is greater than can be accomplished by a simple Residence Order but is less final than a full adoption. The advantage of special guardianship in a familial setting is that it leaves family relationships in place. A key distinction between adoption and special guardianship is that in the case of special guardianship, parents who have parental responsibility keep that status. However their ability to exercise parental responsibility is subject to that of the Special Guardian and to the exclusion of any other person.

A Special Guardian must be aged 18 years or over and must not be a parent of the child in question.

Every local authority must make arrangements for the provision of Special Guardianship support services within its area to provide counselling, advice and information in relation to special guardianship.
 

Do I need a Will?

The answer to that is YES if you care about what happens to your property after you die. If you don’t have one then the State directs who will inherit from you and that means that your friends, favourite charities and even your relatives may get nothing.

I am not married, do I make a Will?

It is particularly important to make a Will if you are not married or are not in a registered civil partnership. The reason for this is that the law does not automatically recognise partners who live together as having the same rights as husbands, wives and civil partners. The result being that even if you have lived together for many years, your partner may be left with nothing and will have to issue costly court proceedings to obtain what may be rightfully theirs upon your death if you have not made a Will.

If you have children or dependants who may not be able to care for themselves, a Will is vital as without a Will there is no certainty as to who will look after them or provide for them if you should die. Under a Will you can appoint testamentary guardians.

We at Eskinazi & Co. can draft a Will for you and advise on how inheritance tax may affect what you own. Once you have had a Will prepared, some changes to your circumstances, for example marriage, civil partnership, separation, divorce or if your civil partnership is legally ended can make all or part of that Will invalid which means that you should review your Will regularly to reflect any major life changes. At Eskinazi & Co. we can tell you what changes may be necessary to update your Will.

Please contact Christina Theodorou who will be able to assist and advise you.

Why do I need a solicitor?

Without the help of an expert, there is a real risk that you could make a mistake. Such mistakes can cause problems for your family or friends after your death.

The charges for drawing up a Will depend on how complicated your Will may be.

If you would like more information or to discuss this with Christina, please contact her on 020 8445 7707 and she will be happy to assist you.