In family law in England and Wales Section 8 Orders play a crucial role in determining child arrangements during and after a divorce or separation. These orders provide a legal framework for parents to establish and enforce arrangements regarding their children’s residence, contact and other important matters. In this blog post, we will delve into the details of Section 8 Orders, their types and how they are applied in family law cases.
- What are Section 8 Orders?
Section 8 Orders refer to specific orders under the Children Act 1989 in England and Wales. They are designed to regulate child arrangements and protect the best interests of the child. These orders are typically sought when parents are unable to agree on matters related to their children, such as where they will live, how often they will see each parent and other important decisions.
- Types of Section 8 Orders:
Child Arrangements Order: This order determines with whom the child will live, spend time or have contact. It outlines the specific arrangements for the child’s residence and contact with each parent or other significant individuals such as grandparents.
Specific Issue Order: This order addresses specific issues related to the child’s upbringing, such as schooling, medical treatment, religious upbringing or change of name. It allows the court to make a decision on a particular matter when parents cannot agree.
Prohibited Steps Order: This order restricts a parent from taking certain actions without the court’s permission. It may prevent a parent from changing the child’s residence, removing them from the country or making specific decisions without consulting the other parent.
- Applying for Section 8 Orders:
To apply for a Section 8 Order, a parent or guardian must submit an application to the Family Court. Alexander JLO will be able to assist you to ensure the application is properly prepared and includes all relevant information. The court will consider the child’s welfare as the paramount consideration when making decisions regarding Section 8 Orders.
- Court Process and Considerations:
Once an application for a Section 8 Order is made, the court will review the case and may schedule hearings to gather evidence and hear arguments from both parties. The court will consider various factors, including the child’s wishes and feelings (depending on their age and understanding), their welfare and any potential risks or concerns.
- Enforcement and Variation of Section 8 Orders:
If a parent fails to comply with a Section 8 Order, the other parent can seek enforcement through the court. Additionally, circumstances may change over time, requiring a variation of the existing order. In such cases, either parent can apply to the court for a variation to reflect the new circumstances.
Section 8 Orders are essential tools in family law cases, providing a legal framework for child arrangements during and after divorce or separation. Understanding the different types of Section 8 Orders and the court process involved is crucial for parents seeking to establish or modify child arrangements. Seeking legal advice and guidance can help navigate the complexities of Section 8 Orders and ensure the best interests of the child are protected throughout the process.
If you are going through divorce or separation it is always best to try and find an amicable solution to issues relating to children. At Alexander JLO we have a team of expert family lawyers to assist you to do just that. We are aware, however that the subject of children can be an emotive one and that amicable solutions are not always possible. We are here to fight your corner if you do need to proceed to obtaining a s8 order. Why not give one of our expert family lawyers a call on 020 75377000 or email peter@london-law.co.uk for a free no obligation consultation and see what we can do for you?
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 22nd February 2024 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here