If you need to apply for any of these Section 8 Orders, you can identify the correct paperwork using our free Court Form Finder.
The Court has a number of ways of becoming involved if there is a dispute over the upbringing of a child. A summary of the most common Court Orders are below.
Section 8 Orders
The most common range of Court Orders used by the Court for this purpose are called "Section 8 Orders" as the powers are listed in Section 8 of the Children Act 1989.
A Section 8 Order cannot be made for a person over 18 years old. For an order to be made in respect of a 16 or 17 year old, there have to be "exceptional circumstances". The case of Re M (A Minor) (Immigration: Residence Order) [1993] 2 FLR 858 established that the fact that a child didn't have any relatives living in the UK was exceptional circumstances and could justify an order being made to last until the child was 18 years old.
Residence Orders
A residence order settles the arrangements regarding who a child is going to live with. This type of order can be made in favour of anyone, including grandparents, aunts and godparents. It is however most commonly made in favour of one of the child's parents.
"I have had my son every Thurs (until 8pm as his mum works) then Fri after school until Sunday at 6pm. We have done this for 4years non stop, but now my ex has decided she now wants him back every other sat night... now just because she now wants to take my son to her boyfriend's mums house on a Sunday... I need some help/advice please."
"Shared residence orders" are becoming increasingly common. These state that a child will live a certain amount of time with one person, and the rest of their time with another. The order will usually split the time at least 70/30. If the split is more unequal than this, the Court will often consider that a residence and contact order are more appropriate to achieve the desired effect.
Contact Order
A contact order determines who the child should keep in touch with in order to maintain a relationship with other family members. Contact may be in person or indirect such as via letter / email.
"My marriage has ended as my wife has a new partner. We have a 5 year old daughter. My fear now is when she will introduce him to my daughter... I have now found out that he was arrested last year for hitting his now ex-wife... I don't want him to have anything to do with my daughter. Is there anything I can do?"
On occasion a "no contact order" will be made to prevent a residential parent allowing a "risky" contact (such as a convicted paedophile or violent offender) to have contact with the child. However prohibited steps orders are often more appropriate for this purpose.
Specific issue Order
This order determines a specific question regarding a child's upbringing. This can be anything from what school a child should attend to whether a child should have particular medical treatment.
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This order states that a specified action in relation to the upbringing of a child should not happen without the express consent of the Court. The order is entirely negative, telling a parent or carer what they may not do in respect of their child.
"I have a baby with this lady... I have a problem since we separated a year ago and she got a new man in her life. 3 months later they got traditionally married... now she tells me that she's going to change her surname and also is my child to that man's surname. I really need help on this one..."
This order is commonly used to prevent a parent changing a child's surname, along with other issues such as removing them from the UK.
Local Authority Intervention
If a Local Authority intervenes in a family's life out of concerns for a child's welfare, there are three main orders that they will apply for.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Emergency Protection Order
This order is used to remove a child from a situation where they are suffering significant harm and there is not time to wait for the Local Authority to decide the long-term future of the child. The child is removed immediately without prior notice being given to the parents or child. This order is therefore only used in a genuine emergency in order to provide a child with immediate short-term protection.
Supervision Order
This order gives the Local Authority an obligation to supervise the care given to a child. The order does not allow the Local Authority to remove the child from their parents. This type of order works best with the co-operation of parents, and can be effectively used to support parents to care for children. This order is particularly common if a child is injured through an act of a parent that was thought to be out of character for the adult.
Care Order
A care order gives the Local Authority parental responsibility and so authorises them to make decisions about the child's upbringing, including where the child will live. The child is commonly placed in a care home, a Local Authority residence. However the Local Authority does not have to remove the child from their parents if a care order is in place.
care home to stop them HARRASING ME OR IS IT THE LA
If your ex refuses to make the children available, there is absolutely nothing that the court will do.
Don't waste your time, your money or your emotional energy. If you're a non resident father up against an abusive mum, your children lose you and you lose them. That's how it works in the UK family courts. They're 50 years behind reality, the court and Cafcass ruin children's lives every day and nobody cares.
I do feel for some women who are genuine but there are women who just want to get as much as they could out of the system and those women know the right people to talk to they don't have to prove it just say it to an organisation and the ball starts rolling.
Some women can be quilte evil.
I am not bitter and i know there are women out there with real problems but the evil ones are taking the place of someone who is proberly struggling to cope and i am really sorry for those women.
Why is it men are getting such a rotten deal from the courts and other organisations.
I am a women and i am really shocked of what i have learnt of how low a women can get even though there are kids involved she is not thinking of the kids she is thinking of being spitefull and mean. She can't look after the kids she rather give them to strangers rather than have them be looked after by their dad also she is claiming for everything (money) she can lay her hands on one of the kids has a disabality so she get the funding
It's quite fustrating
I have waited long enough for her to return him. he starts his secondary school next week. There is no sign of her returning him. What options are available to me? I have tried calling the council and they say it’s a civil matter and they are unable to help.
Yes, I do think it’s PA, the mother through-out has stated she cannot physically force my son to see me or force him to engage with any type of support even though it has been offered in various forms. I have suggested systemic intervention as an approach that would have employed a skilled practitioner, again rejected on the grounds that my son will not engage.
what has influenced the sudden change in behaviour and actions are deeply troubling and needs to be investigated further in order to re-establish his formerly excellent relationship with me. A relationship which was extremely close up until this sudden change nine weeks ago.
Thanks
Has anyone been to court and the mother used this and what did it result in.
Thanks
Do I now jist have to apply for a breach ?
If I do that do they make a new order?
A court order was made that allowed me contact with my daughter primarily in a contact centre, then I was allowed to take her out which I have done on many occasions, and then it was supposed to progress to overnight stays and then sharing school holiday times equally. Everything was going well until last October when overnight stays were supposed to begin. I have not seen my daughter since then. I have written to the court in December 2016 to let the District Judge know but I have received no response. I have told the contact centre who kindly contacted her on my behalf and arranged for contact to be resumed, three separate times dates were made but on every occasion the mother of my daughter has not turned up. I have no solicitor and have defended myself in court from the beginning because of not being able to get legal aid. The mother of my child has now left London without telling anyone and is living in Folkstone with her mother, she no longer uses the solicitors she was using anymore. I have recently contacted social services as I beleive my daughter to be in danger as her grandmothers husband seems to have mental issues and has recently tried to bring a shotgun into the country and has also tried to commit suicide, both of these things being reported in the local press.
I have recently seperated with my wife and mother of my two children. Since the desperation I have discovered and she has admitted to sleeping with atleast 5 other men in the last 12 months. Including needing a visit to the docs for the morning after pill on one occasion. She is now taking cocaine on a daily basis while the two children are in her care. The children are being pushed aside and her lifestyle is clearly her main priority. I need a quick way of gaining full custody and changing my children's school to my local area to keep them away from any harm. I have the full support of my family and also her family as they all know what she is doing. I don't want to just take the children even though I would love to. I want to do this once and do it right. I have a very good job and can fully support the children without a problem. I would need a childminder for a couple hours after school each day but other than that they would be with me and with family. Any help and advice would be greatly appreciated. I am tempted to ring the social services but I am scared that they will take the children and put them in care. Even for a night wouldn't be fair on them when they have safety available with me.
So basically i was in a domestic violence relationship and my ex partner took a non-molestation order out against me. She also accused me of being a threat towards my son to social services, but there was no evidence to prove this. Then I was accused of pushing her down the stairs and causing a miscarriage several months later. So i was charged with an assult by beating and breach of the family courts non molestation order So i was given a 2 year suspended sentence, 5 year restraing order ect... But i never went to prison. This all happened around about September time last year, so the restraing order is still in place but i have no restrictions from the court to say i cant see or i am a threat. (id like to just say that, non of this i had ever done but i was still found guilty... I am actually the one carrying scars from the knife attacks and yet the court still saw it as i was the voilent one...)
If someone could just say weather i should go and represent myself or take a solicitor (trying to avoid, due to money) or weather there is no point at all... Thanks
I really need your help please.... My partner is having trouble seeing his daughters as his ex believes that she has the right to just torment him with them! He has been through social services,cafcass and court resulting in supervised contact at first and then there was a court order put in place for un supervisoed contact which for the past year she has refused to do! He used to be able to ring his daughters which was put in place through cafcass but his ex stopped that too. Please please help x
Thank you
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