When parents cannot agree about arrangements for their child or children, one of them may apply to the court for a judge to determine the issue. These applications are usually made under section 8 of the Children Act 1989, and are known as “a section 8 order”.
Section 8 covers disputes such as how much time a child should spend with each parent and who the child should live with. Older terms such as custody, residence and access are still widely used, but the court now refers to these collectively as child arrangements. You can find out more about child arrangements in our blog that answers “how to get sole custody” and other commonly asked questions.
The court will only make a section 8 order if it considers that doing so is in the child’s best interests. This is known as the no order principle. The starting point is that parents should resolve matters themselves wherever possible.
There are, however, circumstances where court intervention is necessary. The main types of section 8 orders are explained below.
What is a lives with order?
A lives with order forms part of a child arrangements order. It sets out who a child is to live with. In some cases, a child lives primarily with one parent. In others, the order may provide for shared care, such as alternating weeks.
Child arrangements orders can also regulate how and when a child spends time with the other parent. This may include face to face time, video calls, indirect contact such as letter, and arrangements for birthdays, holidays, or other special occasions.
- Face-to-face time
- Video calls
- Indirect contact such as letters
- Arrangements for birthdays, school holidays and special occasions
How to apply for a lives with order
An application is made using a C100 form and filed with the court together with the court fee, which is currently £263. The court will list a first hearing and may require further evidence, including statements from both parents.
Ultimately, it is for the judge to decide whether an order is necessary and, if so, what arrangements best promote the child’s welfare.
What is a specific issue order?
A specific issue order asks the court to decide on a child matter where the parents disagree, for example, whether a child should undergo a medical procedure, attend a particular school, travel abroad, or change a name.
Again, the application is made using a C100 form with the current court fee of £263. The court will consider all the evidence and decide what outcome is in the child’s best interests.
What is a prohibited steps order?
A prohibited steps order prevents a parent from taking a specific action in relation to a child. These applications are often urgent.
For example, if there is concern that a parent may remove a child from the country without consent, the court can be asked to intervene quickly. In urgent cases, the court may hear the matter without notice to the other parent if giving notice would risk the action taking place. In this situation, any initial order made without notice would usually be short-term. A further hearing would then be listed so that both parents can attend and the court can decide whether to extend or discharge the order.
The length of a prohibited steps order will depend on the circumstances and what the judge considers necessary to safeguard the child.
Is court the only option?
Court proceedings are sometimes unavoidable. However, they are rarely the ideal starting point. Litigation can be lengthy, costly and emotionally demanding. Decisions are placed in the hands of a judge who does not know your family and who must apply the law to the evidence presented.
For many families, non-court dispute resolution offers a more constructive way forward.
Family mediation is one such option. Before issuing most section 8 applications, parents are required to attend a Mediation Information and Assessment Meeting, unless an exemption applies.
Taking advice early
Whether you are considering applying for a lives with order, a specific issue order or a prohibited steps order, early legal advice is important.
Our experienced family solicitors can help you understand whether an application is necessary and what evidence will be required. They can also help you understand the likely approach the court may take, and can give guidance on non-court options that may resolve your situation more effectively.
Remember, every family is different. The right approach will depend on the facts of your case and, above all, what best promotes the welfare of your child. For advice on how best to proceed, contact us today.
