S8 ORDERS

Child Arrangement Orders: organise the child’s arrangements on the premise that both parties will
be involved in some way in the child’s life.

Gives PR to whoever that obtains this order but cannot consent to ‘specific issues’. This is in regards
to the arrangement to whom a child is to spend time or have contact with.

Physical Possession

In Re W (A Minor)1992, there is a presumption that the best interest of a baby are served by being
with its mother but where there is a dispute, consideration matters not presumption. Its importance
varies according to the age of the child.

Siblings should reside together for emotional support purposes (C v C) but may differ in circumstance
where the age gap is big (B v B 1991). The courts have suggested that siblings should be kept in the
same household unless there are strong reasons against this.

If in circumstance where the children was brought up by a third party like grandmother like in the
case of Re B (2009), the court will look at the child’s welfare and it is in fact that the interest of the
child is best served by being reared by his or her biological parent but if in any circumstance allowing
the third party to care for the child would be in his/her best interest, then the court will not grant
the CAO to the parent.

Contact

Whether such contact promote child’s welfare ? Re W(Children)2012. In assessing what is in the
welfare of the child, the court will generally assume that some contact is beneficial and will order
contact unless there is evidence to suggest that it is harmful.

Elsholz v Germany: to deny contact between an established relationship between a father and a
child infringed Article 8, although denial of contact could be justified under paragraph 2 if necessary
in the interest of the child or resident parent.

If the parent of the child living with opposes contact with the other parent, it must be on a genuine
and rational basis such as when there is a risk of violence Re D (Contact: Reasons for Refusal) 1997. If
there is no rational basis and it is merely an unsettling or inconvenience if the court allowed such an
order, then it will not be sufficient to deny a contact

There can be direct and indirect contact – Re O (Contact: Imposition of Conditions). Courts are
usually slow to deny contact since it’s a fundamental element of family life and it is only terminated
in exceptional circumstances

An indirect contact is usually relevant when the parent is in prison or the child strongly does not
want face to face communication.

Re A (A Child) 2014: Consider children’s welfare. Even if direct contact was inappropriate, there
should be some form of indirect contact.

Re D-S (2020): Domestic violence does not bar contact. The court should weigh up all the risk
involved and the impact of contact on the child, against the positive benefits of any contact Re L(A
Child)(Contact: Domestic Violence) 2000.

Specific Issue Order: party asks court to resolve

Prohibition Step Order: Cannot be used to prevent contact, can be used to prohibit ‘specific issues’

Court has the power to make a s8 order under s10(1)(a) upon application or of the courts own
motion under s10(1)(b). To apply for a section 8 order, there is 2 category of people. One is those
who have automatic right to apply for a section 8 order and another is those who have the right to
apply only if the courts grant the leave.

S10(4): Those who can apply without leave (any orders): parents, those who have PR, guardians, any
person named in the CAO

S10(5): Special category of people who can apply without leave *only for CAO: any party to the
marriage/cp/step parent, live with the child for at least 3 years, relative or foster care where the
child lived for at least one year, any person who has the consent of those who have a CAO, LA that
has a care order and those who have PR

Those who need leave of court is anyone other than listed above. If they are adults, they must
comply s10(9). If they are the child concerned, s10(8) applies and the child must have sufficient
understanding to make such application.

The courts will not take into account welfare principle but may consider the applicant’s right under
Art 6 and 8 of EC.

the person must be entitled under s10(4) for any s8 order or under s10(5) for child arrangement
order. On the facts, ….