The old concept of custody and access to children was replaced and has been known as residence and contact since the Children Act 1989 came into force.
Under the provisions of the Children Act 1989, orders regulating important issues relating to the child’s upbringing and living arrangements can be made.
The Court has the power to make the following orders (known as Section 8 Orders):
- A Residence Order - this is made in circumstances where the parents do not agree with whom a child should reside.
- Shared Residence Order - this is made where it is likely to be in the child’s best interests to have a living arrangement shared between the parents.
- Contact Order - where the parents cannot agree when and where contact should take place, this order will resolve how often and for how long a child should have contact with the parent he or she does not live with.
- Prohibited Steps Order -this order prevents a parent or another from acting in a particular matter. For example, from removing the child from the care and control of a primary carer or even from removing the child from the jurisdiction of England and Wales.
- Specific Issue Order - this order is to resolve a particular issue about how a child is to be brought up if the parents cannot agree, ie what religion the child should be brought up in, what school they should attend.
A mother or a father with or without parental responsibility can apply for Section 8 Orders. Anyone else who is not a biological or adoptive parent must seek leave (permission) of the Court to apply, save for grandparents who no longer require permission.
In any dispute over a child, the Courts will refer the matter in the first instance to CAFCASS who will carry out a risk assessment. The Courts will treat the welfare of the child as their paramount consideration hence an order will only be made if it is in the child’s best interests to do so.
At Nelsons our highly experienced and accredited team of Children Act specialists can offer you advice and assistance in any dispute relating to your child. We even have international specialists in cases of cross border children act disputes.
Please contact us to discuss any disputes or worries you have about the arrangements for your children a member of our dedicated team will assist you.
