section 8 orders family law essay

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Section 8 Orders Notes

Updated section 8 orders notes.

Family law notes fully updated for recent exams at Oxford, UK. These notes covers all the major LLB family law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Canada, Hong Kong or Malaysia (University of London).

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Section 8 Orders

When s.8 orders can be made

In private cases involving children, the courts may make one of the orders mentioned in s.8 of the CA 1989.

A s.8 order cannot be made in respect of a person over the age of 18

CA 1989 s.9(6): If the child is 16/17 then apart from residence orders, s.8 orders should not be made unless the circumstances are exceptional

E.g. Re M (A Minor)(Immigration: Residence Order ) – b/c M had no relatives living in the UK, this was sufficiently acceptable to justify the making of an order until he was 18

The residence order

CA 1989(1):

A residence order is an order settling the arrangements to be made as to the person with whom a child is to live

Normally it will be made in favour of a parent, but can in fact be made in favour of anyone

It confers parental responsibility on whoever it is made in favour of, if they do not already have it

But once it is revoked, parental responsibility also disappears w/o a separate order to that effect.

s.12(1) : If an order is made in favour of an unmarried father, the court is obliged to make a separate order for parental responsibility.

Shared Residence Order

A residence order can be made in favour of two people (even if they do not live together)

This order requires the child to spend a certain amount of time with one person, and a certain amount of time with another

It is debateable when a shared residence order is appropriate, vs. separate residence and contact orders

When will shared residence orders be made?

Re K (A Child) (shared residence order) [2008]: F applied for a ruling that his son G, a six year old, should divide his time equally between the homes of F and M and that the ruling should be expressed as terms of an order for shared residence in favour of both parents. Their current contact arrangement afforded to the father about 40% of G's time and, thus, to the mother about 60% of it.

A shared residence order is not apt only where the children will be alternating between the two homes equally

Equality of contact time and shared residence are not issues which stand or fall together – they are separate

A shared residence doesn’t technically give one parent greater control than the other, but there is a danger of one parent using it to interfere and disrupt the other’s parenting

So even if a parent is given substantial contact, sometimes a shared residence order is not appropriate if this might occur.

A shared residence order emphasises the fact that both parents are equal in the eyes of the law and that they have equal duties and responsibilities as parents.

The order can have the additional advantage of conveying the court's message that neither parent is in control

and that the court expects parents to co-operate with each other for the benefit of their children

However, equality of contact time does not necessarily follow.

Holmes Moorhouse v Richmond LBC [2009]: The parents were granted a shared residence order which provided that the children should spend alternate weeks and half of their school holidays with each parent. C applied to the LA for accommodation as a homeless person through statute, contending that he was in priority need since dependent children “might reasonably be expected to reside” with him. The local authority rejected his application.

Lord Hoffmann:

Shared residence orders are not nowadays unusual. They do not necessarily provide for the children to spend equal time with each parent

Indeed the CoA recently approved the practice of making a shared residence order in order to confer parental responsibility upon a man who was not the natural father,

even though the child actually stayed with him only on alternate weekends

When a court determines any question with respect to the upbringing of a child, the child's welfare is the paramount consideration

But paragraph (f) also requires the court to consider “how capable each of his parents … is of meeting his needs”.

If a parent has no accommodation, the courts has no power to conjure it into existence

The court's decisions as to what would be in the interests of the welfare of the children must be taken

in the light of circumstances as they are or may reasonably be expected to be

Baroness Hale

This order should not have been made. It is one thing to make such an order where each parent has a home to offer the children, even if it’s not quite up to the standard the child had before.

It is another thing entirely to make such an order when one parent is living in the family home

and the other parent has no accommodation at all to offer them and no money with which to feed and clothe them

Family court orders are meant to provide practical solutions to the practical problems faced by separating families.

They are not meant to be aspirational statements of what would be for the best in some ideal world which has little prospect of realisation.

Ideally there may be many cases where it would be best for the children to have a home with each of their parents. But this is not always or even usually practicable.

The contact order

The effect of a contact order

As well as deciding whom the child should live with, the court must also consider whether the child should have regular meetings w/ their other parent

Or indeed other relatives or family friends

Often this will be a bitter area of dispute

The residence parent may be deeply opposed to the child seeing the other parent, particularly if the contact parent remarries

Conversely, the contact parent will seek to do all they can to retain contact with the child and make the most of the contact permitted.

Who has the obligation of enabling contact

CA 1989 s.8(1)

An order requiring the person with whom the child lives, or is to live, to allow the child to visit or stay with the person named in the order

Or for that person and the...

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QUB LAW SOCIETY'S EIGHTEENTH EDITION

V  E  R  D  I  C T

• Oct 19, 2020
• 11 min read

Family Law 3113 Coursework Essay (Awarded an 80)

Updated: Nov 3, 2020

Submitted by: Thomas Brangam

‘Is the welfare principle in need of urgent reform?’

Introduction

The welfare principle, or the principle of paramountcy, has been described as the ‘golden thread’ [1] running through court decision-making in child welfare cases. The Children Act 1989 (CA) [2] codified this principle, which establishes that the child’s welfare is the ‘paramount consideration’ [3] for a court when deciding upon any matter relating to that child’s upbringing, or the administration of their property.

However, it may be contended that the welfare principle is in need of reform, as the principle’s vagueness arguably leads to inconsistencies in its application by the courts. Equally, it may be maintained that the welfare principle negates the rights of parents under the Human Rights Act 1998, [4] by placing the welfare of the child above all else.

Yet, whilst some reform may be beneficial, it is not convincing to argue that reform is an ‘urgent’ necessity. Specifically, the flexibility of the welfare principle is necessary in accommodating fair judgments on a case to case basis, and the principle itself is not necessarily incompatible with the rights of parents. Therefore, these issues will be addressed sequentially, and following this, the matter of reform will be examined.

The Welfare Principle’s Flexibility

Lord MacDermott stated in J v C [5] that the paramountcy principle entails a process in which after the relevant facts, wishes and circumstances are considered, the resulting judgment will be ‘most in the interests of the child’s welfare.’ [6] However, there is difficulty in consistently determining what is within a ‘child’s welfare,’ and subsequently in deciding what weight to attach to certain factors when doing so. For example, there is no definitive authority which clarifies if the ‘physical, emotional and educational needs’ [7] of a child should be afforded greater consideration than ‘the wishes and feelings of the child concerned.’ [8]

Moreover, there is no guideline concerning when a court should regard particular elements of a case when making a section 8 order. [9] Davis and Pearce illustrate this point, by giving the example of an unreported case in which the judge arbitrarily held that a child of seven was too young for her wishes to be taken into account. [10] However, it should be noted that a child’s wishes and concerns are considered in ‘light of his age and understanding.’ [11] Hence, it may have been the case that the court could not conclusively discover the feelings of the child due to their immaturity.

Yet, Eekelaar contends that the welfare principle allows for judgments to be driven by ‘untested assumptions about what is good for children.’ [12] For example, Neill LJ in Re M (Child’s Upbringing) [13] held that a child should be returned to South Africa to his biological parents, who had been forced to give him up due to South Africa’s political instability in the 1990s. This decision was made irrespective of the fact that removal from his English foster mother would be traumatic. Thus, as Eekelaar suggests, the court’s judgment may have been based solely on ‘sympathy with the plight of the natural parents.’ [14]

However, this criticism holds little merit, as it is founded on speculation. In other words, just as it cannot be definitively evidenced that judges remain completely impartial in child welfare cases, it follows that it also cannot be evidenced that judges allow their prejudices to influence their decisions. Thus, this criticism is limited by the lack of empirical evidence supporting it.

Nevertheless, Mnookin argues that the imprecision of the welfare principle leads to delayed proceedings and increased costs. [15] Indeed, if a court is to make a ‘justified’ decision as to what parent a child should live with, the possible outcomes for the child must be considered, as well as the probability of those outcomes. However, this assertion is limited in value, as it is often clear as to the decisive factor behind a court’s decision. Parker supports this notion by giving the example that in cases where one parent has harmed the child, or the other parent, then it is evident that the child should reside with the non-offending parent. [16]

Moreover, the flexibility of the welfare principle allows the courts to reach fair and justified decisions in cases which by nature, are fact sensitive. For example, in Re C (A Child), [17] the Court dismissed a mother’s application for a prohibited steps order with sought to prevent the Christian baptism of her ten-year-old child whilst in the father’s custody. Yet, because the child wished to be baptized, HHJ Platt reasoned that the child’s welfare was best served ‘by allowing her to be enrolled in a baptism class and to present herself for baptism.’ [18]

Accordingly, Bevan observes that given the limited authority available to the Court on prohibited steps orders, the flexibility of the welfare principle accommodated a judgment that was ‘respectful and sensitive.’ [19] Hence, whilst the welfare principle may be criticised as vague by academics, this very flexibility is required in practical application. As Herring also notes, this flexibility does not necessarily produce uncertainty, as the welfare principle is ‘one of the most accurately understood legal principles among the general public.’ [20]

The Rights of Parents

The rationale of the paramountcy principle is perhaps best justified by the doctrine of ‘parens patriae,’ [21] which calls for the state to protect vulnerable members of society who cannot protect themselves. However, in Re P (Contact: Supervision), [22] the Court held that it was concerned ‘with the interests of the mother and the father only in so far as they bear on the welfare of the child.’ [23]

Therefore, it may be argued that the welfare principle compels reform, as it is too ‘individualistic’ [24] in its consideration of the rights of the child. Thus, as Choudhry and Fenwick observe regarding the rights of parents, ‘In many cases, Article 8 remains the dog that fails to bark.’ [25]

However, the individuality of the welfare principle does not mean that the rights of parents are not protected in any sense. Indeed, the welfare principle does not infringe upon parents’ rights on a ‘day-to-day’ [26] basis, and only applies where a court is deciding upon a matter relating to the child’s welfare. Moreover, a court may only grant a care or supervision order, if the child is likely to suffer, or is suffering significant harm. [27]

Furthermore, it cannot credibly be maintained that the rights of parents are not given any consideration in child welfare cases. For example, in Re T (Wardship: Medical Treatment) , [28] Butler-Sloss LJ held that where an infant required a potentially lifesaving liver transplant, that ‘The welfare of the child depends upon his mother.’ [29] Hence, because the mother did not consent, the procedure could not be forced.

Yet, it may also be said that this judgment illustrates the potential danger of placing the rights of parents in too privileged of a position in child welfare cases. Indeed, in a case where medical opinion was that the operation was in the child’s best interests, it would appear strange as to why such importance was given to the mother’s wishes. Specifically, it appears unfair that the qualified article 8 [30] rights of the parents overruled the child’s absolute right to life. [31] However, it should be noted that the parents were healthcare professionals, and thus were informed as to the complications that the procedure may have. Roch LJ also noted that ‘distress and uncertainties’ would certainly entail if the procedure was ordered. [32]

Nevertheless, the paramountcy principle is not unjustified in placing the rights of children above all else. Principally, this is because by virtue of being young and vulnerable, children should be afforded rights above those that they may have if they were mature and capable adults. This argument is supported by Mason and Steadman’s observation, that children remain a ‘muted group, denied participation in major political and legal systems.’ [33]

Therefore, it does not seem overly persuasive to state that ‘urgent’ reform is required. Instead, as has been illustrated, the rights of parents are not always infringed in practice by the paramountcy principle. Equally, the wishes of parents may be granted noteworthy significance in cases which merit such considerations.

Potential Reform

Firstly, Reece claims that the welfare principle should be discarded entirely, and replaced with an agenda that recognises the child as a ‘single participant in a process in which the interests of all the participants count.’ [34] However, this proposal is not entirely reasonable, as Reece fails to consider that the participation of the child in judicial proceedings is subject to that child’s ‘intelligence and understanding.’ [35]

Put differently, a model which places a child’s rights, regardless of their age, on a level equivalent to the rights afforded to mature adults, is one which does not give adequate consideration to the vulnerability of children. Thus, Reece’s reform is inadequate, as it does not reflect the fact that international human rights law and family law recognises children as, ‘among the most vulnerable members of society.’ [36]

Yet, Bainham suggests that the welfare principle should be reformed to classify the interests of parents and children as ‘primary or secondary.’ [37] Therefore, the ‘level’ of a parties’ interest would be accounted for in the balancing of rights. This proposed reform bears resemblance to the approach outlined by the UN Convention on the Rights of the Child, [38] which classifies the interests of the child as a ‘primary consideration’ [39] as opposed to being paramount.

However, this model is also inappropriate, as Bainham does not elaborate as to what would occur when two primary interests conflict. Moreover, if Bainham aims to remedy the vagueness and alleged uncertainty of the welfare principle through this reform, he may contradict himself by requiring courts to subjectively categorise interests as primary or secondary.

Nevertheless, a more convincing model of reform is Herring’s ‘relationship-based welfare.’ [40] This model would entail greater consideration of the interests of parents, whilst not necessarily compromising the rights of children. Specifically, as families are based on mutual co-operation, this would mean that children would not be entitled to require substantial sacrifice from parents in exchange for small benefits.

Moreover, the implementation of this approach may prove beneficial, as it allows the balancing of rights to be viewed as less of a conflict, and more as a mechanism in deciding what the proper relationship is to be imposed by a court. This reform would also allow the courts to give greater effect to the theory that, where possible, children should be raised and cared for within their own families. Indeed, this seems appropriate, as the Government has recently implemented new plans which aim to reduce the number of children taken into care. [41]

However, it may be argued that this approach would cause little difference in practice. This is due to the fact that the rights of the child would still be paramount, and the courts would enjoy discretion as to when the child would not be entitled to compromise the rights of the parents for ‘minor benefits.’ [42] Yet, such reform would seem justified as a matter of principle.

Particularly, it is evident that respect must be given to the rights of parents, and thus this approach may further facilitate this in practice. Moreover, this reform may also give effect to Elster’s credible proposal, that whilst the welfare of children should be privileged, the enforcement of a child’s welfare should avoid doing excessive harm to others. [43]

In conclusion, the flexibility of the welfare principle is a necessity, due simply to the sensitive and factually varied nature of child welfare cases. Indeed, it would not seem that this flexibility leads to inconsistencies in application of the welfare principle by the courts, but instead allows for judgments that are fair and justified.

Equally, the welfare principle does not ‘negate’ the rights of parents by assigning the welfare of the child as paramount. Instead, it would be more convincing to argue that the welfare principle does not give effect to the interests of parents to the degree that it perhaps should.

Therefore, whilst urgent reform of the welfare principle is unnecessary, the implementation of a relationship based approach would appear most appropriate. Whether this approach would lead to any difference in case outcome is questionable. However, the implementation of Herring’s suggested model would at least further ensure that the rights and interests of parents are given some reflection in future child welfare cases.

Bibliography

Gilmore S, Glennon L, Hayes And Williams’ Family Law (6th edn, Oxford University Press 2018).

William Macpherson, A Treatise On The Law Relating To Infants (Philadelphia, John S Littell 1843).

Gillick v West Norfolk and Wisbech Area Health Authority and Another [1986] AC 112.

J v C [1970] AC 668.

Re C (A Child) [2012] EW Misc 15 (CC).

Re M (Child's Upbringing) [1996] 2 FLR 441.

Re P (Contact: Supervision) [1996] 2 FLR 314.

Re T (Wardship: Medical Treatment) [1997] 1 FLR 502.

Journal Articles

Bainham A, ‘Non-Intervention and Judicial Paternalism’, in P. Birks (ed), The Frontiers of Liability (Oxford University Press, 1994).

Bevan C, ‘Is Welfare Faring Well? In Praise Of The Welfare Principle: A Case Study From Romford’ (2012) 42 Family Law.

Choudhry S, Fenwick H, ‘Taking the rights of parents and children seriously: confronting the welfare principle under the Human Rights Act’ (2005) 25 Oxford Journal of Legal Studies.

Davis G, Pearce J, ‘The Welfare Principle In Action’ (1999) 29 Family Law.

Eekelaar J, ‘Beyond The Welfare Principle’ (2002) 14 Child and Family Law Quarterly.

Elster J, ‘Solomonic Judgments: Against the Best Interests of the Child’ (1987) 54(1) University of Chicago Law Review 1045.

Herring J, ‘Farewell Welfare?’ (2011) 27 Journal of Social Welfare and Family Law.

Herring J, ‘The Human Rights Act and the welfare principle in family law - conflicting or complementary?’ (1999) 11(3) Child and Family Law Quarterly.

Mason J, Steadman B, ‘The Significance Of The Conceptualisation Of Childhood For Child Protection Policy’ (1997) 46 Family Matters.

Mnookin R, ‘Child-Custody Adjudication: Judicial Functions In The Face Of Indeterminacy’ (1975) 39(3) Law and Commentary Problems.

Parker S, ‘The Best Interests Of The Child: Reconciling Culture And Human Rights’ (1994) 8 International Journal of Law, Policy and the Family.

Reece H, ‘The Paramountcy Principle: Consensus or Construct?’ (1996) 49 Current Legal Problems 267.

Legislation and Other Instruments

Children Act 1989.

Human Rights Act 1998.

UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577.

Baum J, ‘In The Child's Best Interest?: The Consequences Of Losing A Lawful Immigrant Parent To Deportation’ (University of California, Berkeley, School of Law 2010) .

Websites and Online Articles

‘New Projects To Strengthen Families And Keep Children Out Of Care’ ( GOV.UK , 2019) <https://www.gov.uk/government/news/new-projects-to-strengthen-families-and-keep-children-out-of-care> accessed 28 November 2019.

[1] Stephen Gilmore, Lisa Glennon, Hayes And Williams’ Family Law (6th edn, Oxford University Press 2018), p 464. [2] Children Act 1989. [3] ibid, s 1(1). [4] Human Rights Act 1998, art 8. [5] [1970] AC 668. [6] ibid, p 710-11. [7] Children Act (n 2), s 1(3)(b). [8] ibid, s 1(3)(a). [9] ibid, s 8. [10] Gwynn Davis, Julia Pearce, ‘The Welfare Principle In Action’ (1999) 29 Family Law. [11] Children Act (n 2), s 1(3)(a). [12] John Eekelaar, ‘Beyond The Welfare Principle’ (2002) 14 Child and Family Law Quarterly. [13] [1996] 2 FLR 441. [14] Eekelaar (n 12), p 237. [15] Robert Mnookin, ‘Child-Custody Adjudication: Judicial Functions In The Face Of Indeterminacy’ (1975) 39(3) Law and Commentary Problems, p 226-93. [16] Stephen Parker, ‘The Best Interests Of The Child: Reconciling Culture And Human Rights’ (1994) 8 International Journal of Law, Policy and the Family. [17] [2012] EW Misc 15 (CC). [18] ibid, [64]. [19] Chris Bevan, ‘Is Welfare Faring Well? In Praise Of The Welfare Principle: A Case Study From Romford’ (2012) 42 Family Law, p 1143. [20] Jonathan Herring, ‘Farewell Welfare?’ (2011) 27 Journal of Social Welfare and Family Law, p 168. [21] William Macpherson, A Treatise On The Law Relating To Infants (Philadelphia, John S Littell 1843), p 83. [22] [1996] 2 FLR 314. [23] ibid, p 328. [24] Jonathan Herring, ‘The Human Rights Act and the welfare principle in family law - conflicting or complementary?’ (1999) 11(3) Child and Family Law Quarterly, p 225. [25] Shazia Choudhry, Helen Fenwick, ‘Taking the rights of parents and children seriously: confronting the welfare principle under the Human Rights Act’ (2005) 25 Oxford Journal of Legal Studies, p 454. [26] Herring (n 24). [27] CA (n 2), s 31. [28] [1997] 1 FLR 502. [29] ibid, p 249. [30] HRA (n 4), art 8. [31] HRA (n 4), art 2. [32] Re T (n 28) p 256. [33] Jan Mason, Bronwyn Steadman, ‘The Significance Of The Conceptualisation Of Childhood For Child Protection Policy’ (1997) 46 Family Matters, p 31. [34] Helen Reece, ‘The Paramountcy Principle: Consensus or Construct?’ (1996) 49 Current Legal Problems 267, p 303. [35] Gillick v West Norfolk and Wisbech Area Health Authority and Another [1986] AC 112, p 186. [36] Jonathan Baum, ‘In The Child's Best Interest?: The Consequences Of Losing A Lawful Immigrant Parent To Deportation’ (University of California, Berkeley, School of Law 2010), p 36. [37] Andrew Bainham, ‘Non-Intervention and Judicial Paternalism’, in P. Birks (ed), The Frontiers of Liability (Oxford University Press, 1994). [38] UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577. [39] ibid, art 3. [40] Herring (n 24), p 233. [41] ‘New Projects To Strengthen Families And Keep Children Out Of Care’ ( GOV.UK , 2019) <https://www.gov.uk/government/news/new-projects-to-strengthen-families-and-keep-children-out-of-care> accessed 28 November 2019. [42] Herring (n 24), p 233. [43] Jon Elster, ‘Solomonic Judgments: Against the Best Interests of the Child’ (1987) 54(1) University of Chicago Law Review 1045.

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Section 8 Orders Explained

When a relationship ends, working out arrangements for children is sometimes one of the most sensitive aspects of the separation to resolve. When a court decides any issue relating to a child’s upbringing or the management of his or her affairs it must make the child’s welfare the paramount consideration. This is known as the welfare principle . It applies to issues affecting children irrespective of whether these arise in the context of a divorce or separation.

The principle is given overriding importance and there are some who believe this gives too much discretion to judges. But it brings flexibility to bear on what may otherwise be intractable situations. It is key to understanding how the law in children cases is applied.

The Section 8 Orders

The Children Act, 1989 was amended by the Children and Families Act, 2014. There are now the following orders available under Section 8:

• Residence Order – sets out whom the child will live with. In the past this was known as ‘custody’.
• Contact Order – indicates the person or person(s) the child can visit or have other contact with. If it is in the child’s interest, contact may be supervised.
• Prohibited Steps Order – To prevent someone – not necessarily a parent from carrying out a particular action without the court’s agreement. For example, removing a child from the jurisdiction, having contact with a named individual, changing a child’s surname. Save for exceptional circumstances these orders can only be made in relation to a child under 16.
•  Specific Issue Order – Usually relating to education questions, medical decisions and holidays these resolve a single issue that has or may arise in respect of a child’s upbringing.

The Welfare Checklist

When deciding on section 8 orders, judges must consider the checklist set out in section 1 of the Children Act, 1989. The factors that must be taken into account are as follows:

• The wishes of the child, taking into account age and understanding
• Physical, emotional and educational needs
• The likely effect of any change in circumstances
• Age, sex, background
•  Any harm which he the child has suffered or is at risk of suffering
• The capability of each parent and any other person the court considers relevant, of meeting the child’s needs
• The range of powers available to the court

Who Can Ask For A Section 8 Order?

Parents, guardians and those with parental responsibility can automatically apply for an order. Mothers have parental responsibility for their children as of right as do married fathers. Unmarried fathers, stepfathers and others can acquire responsibility if they meet certain conditions.

In addition to those with parental responsibility, anyone holding a residence order or who has the consent of someone with a residence order as well a certain other categories of individual can make an application without first asking the court for permission.

Others can apply for orders under section 8 but they must first ask the court.

What Part Does Cafcass Play?

Cafcass is the body charged with ensuring the court listens to the voice of children and works within the boundaries of the Welfare Checklist. It will only become involved in your case if the court asks it to. Cafcass will carry out safeguarding checks in all cases and make representations to the court, including outlining any concerns. Depending on your particular case it may also work on a report into your child’s welfare, ask you to take part in a mediation assessment meeting or attend separate parenting classes.

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• Home News and Insights Section 8 of The Children Act 1989: an overview

Section 8 of The Children Act 1989: an overview

31st January 2023

Section 8 of the Children Act 1989 contains three orders that the Family Court can make in relation to a child or children. This article explains those orders in a little more detail.

Child Arrangements Orders

“A Child Arrangements Order” means an order regulating arrangements relating to any of the following:

• With whom a child is to live, spend time or otherwise have contact
• When a child is to live, spend time or otherwise have contact with any person.”

This is an order that can specify who a child or children live with or how much time they spend with someone else. It can include details such as:

• Where the child is handed over
• Whether the contact is to be supervised or supported in some way
• Other conditions, for example that the person having contact with the child must not drink alcohol or take illegal drugs before or during contact with the child or children

 Prohibited Steps Orders

“A Prohibited Steps Order” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court.”

This is an Order that prohibits a person from doing something in relation to a child or children, or from making a particular decision about the child’s upbringing. For example, an order that prohibits a child’s non-resident parent from removing the child from the resident parent’s care. Other examples are preventing a third party from removing a child from school, taking them out of the country or changing their name/surname.

 Specific Issue Orders

“A Specific Issue Order means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.”

This is an order that deals with specific issues that may arise in relation to a child or a children – it does what it says on the tin! A Specific Issue Order could, for example, grant a person permission to take a child or children on holiday out of the country, decide which school a child should go to or whether or not a child should have certain medical treatment e.g. vaccinations.

The powers of the Family Court are vast and varied; the court can therefore adapt the orders to meet the specific requirements of the case. The court’s priority is always to do what is in the best interests of the child or children.

Parents or other people with parental responsibility for a child do not need to seek the Court’s permission to make an application for a Section 8 Order, however, anyone else looking to apply for one of the orders must first be granted permission by the court to do so.

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Section 8 Orders

Home » Get Help and Advice » A-Z of Terms » Section 8 Orders

2 minute read

Court orders made under Section 8 of the Children Act 1989 are generally made to resolve private law disputes. For example, a dispute between parents about where a child should live.

These are mostly cases in which children’s services are not involved. However, section 8 orders can be made in respect of children who are looked after. Children’s services can apply for some section 8 orders.

Section 8 provides for three different court orders. These are:

• Child arrangements order . This is an order setting out who a child will live with and spend time with (i.e. have contact with). Children’s services cannot apply for a child arrangements order. However, if a family member applies for a child arrangements order in relation to a looked after child , children’s services may agree this is what is best for the child. They may support the family member to make the order. For example children’s services might pay their legal fees.
• Prohibited steps order . This order directs the person named in the order not to carry out a specific act. For example, not to take the child out of the country without the agreement of the court. Children’s services can apply for a prohibited steps order for a child for whom they have parental responsibility. For example where they have a care order.
• Specific issue order . This is an order that deals with a specific matter, such as what school to attend, or whether a child should receive a particular health treatment, when the people who have parental responsibility cannot agree on what should be done. Children’s services can apply for a specific issue order for a child for whom they have parental responsibility.

As with public law court orders, a court will apply the welfare principle before making a court order under section 8.

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Debating Family Law

The Golden Rule is Good Law

• June 7, 2021
• Law Practice

Rules are Rules for a Reason, Part 8, Orders : Section I of VIII, Purpose and Parts

Imagine you are at the 25-mile-mark of the Boston Marathon, leading the pack, with only 1.2 miles to go. Like your competition, your calves hurt and you are tired. Would you consider walking to the finish line? Many lawyers do the equivalent of walking to the finish line. After the blood, sweat, and tears of earning a favorable result in a highly contested close case, they bumble through an order that neither reflects their hard work nor protects their client’s interests. The order is not, as so many winning lawyers treat it, a secretarial afterthought; it is the reason the parties litigated, yet many winning lawyers treat is as a secretarial afterthought.

Lawyers have a duty to their clients, the court, their adversaries, and themselves to submit proposed orders that are correct, clear, and concise. Every trial lawyer should strive for a reputation of preparing proposed orders so well that judges will not hesitate to sign those orders and opposing lawyers will be reluctant to appeal them. A proposed order should reflect positively on the judge who signs it.

Lawyers should never forget their audience when preparing a proposed order. That audience includes the trial judge, the adverse attorney, the client, the adverse party, any subsequent judge from whom modification or enforcement is sought, and any appellate court asked to review the order. Write proposed orders for the entire spectrum of your audience.

The parties will rely on the order to determine their rights, perhaps for years to come. A question of enforce-ability or contempt may turn on whether the order contains clear and unambiguous instructions to the parties. Future lawyers and judges may rely on the order to decide if there has been a change of circumstances supporting a modification of child custody or visitation, child support, or alimony.

Rule 26, SCRFC, purports to control orders. It requires “specific findings of fact” and “conclusions of law” supporting the judge’s decision. Also, see Rule 52, SCRCP. By signing the order, the trial judge certifies compliance with Rule 26. The judge should issue orders “as soon as possible,” “but no later than thirty days” after the hearing. If lawyers should adhere to the requirements for findings of fact and conclusions of law, judges should take their certification of compliance seriously.

A good order contains three sections: statement of the case, findings of fact, and conclusions of law.

•  The statement of the case establishes the personal and subject matter jurisdiction of the court, and then explains how the case came before the court, what each party seeks, and the issues. It is unnecessary to recite every routine document, such as a proof of service, notice of appearance, or notice of hearing found in the record. It is necessary to state what each party seeks because if the order does not address every issue raised by the pleadings, it is a temporary order, not a final order. See Bolding v. Bolding , 283 S.C. 501, 323 S.E.2d 535 (Ct. App. 1984) or Sexton v. Sexton , 308 S.C. 37, 39, 416 S.E.2d 649, 651 (Ct. App. 1992), rev&#39;d, 310 S.C. 501, 427 S.E.2d 665 (1993). Ms. Sexton and her lawyer thought she had a final order dividing the personal property, granting a divorce, custody, and child support, but she had only a temporary order.

•  The findings of fact are what the trial judge finds as fact. This is not a restatement of the testimony. A witness’ testimony is not a fact unless the judge finds it is a fact. The facts may state the applicable law. The facts must include testimonial or evidentiary support for each element for each form of relief awarded. These findings are necessary for affirmance of the order on appeal and for determining any future right to modification based upon changes in circumstance.

•  Few lawyers and judges understand conclusions of law. Contrary to popular opinion, conclusions of law are not citations of authority nor a factual finding the court has jurisdiction. The conclusions of law result from applying the law of the jurisdiction to the facts. The conclusions of law follow, “It is therefore ordered.” The conclusions of law are not a restatement of the findings of fact; they are the conclusions that tell the parties what they must or must not do. The conclusions of law must be clear, concise, and definite if the court is to enforce the order. “One may not be convicted of contempt for violating a court order which fails to tell him in definite terms what he must do. The language of the commands must be clear and certain rather than implied.” Phillips v. Phillips , 288 S.C. 185, 188, 341 S.E.2d 132, 133 (1986).

•  The order must state the findings of fact and conclusions of law separately. It must not state the findings of fact and then state “And it is so ordered” rather than separately stating the conclusions of law. Rule 52(a), SCRCP, and Rule 26(a), SCRFC.

An order is a reflection, for better or worse, on the judge who signs it, not the lawyer who prepared it. However, a lawyer preparing an order that makes the judge look like a fool is not likely to prepare many future orders for that judge.

I will post §§ II Essentials and Clarity III Wednesday, June 9, 2021.

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An excellent explanation. The only two things I would add is what a kindly Family Court Judge told me when I first started practicing 40 years ago. Specifically, that the first two paragraphs should explain to the reader why they are reading it: “This matter comes before me upon Motion of Plaintiff-Wife for temporary custody of the parties’ two minor children, child support, exclusive possession of the marital residence and attorneys fees. In his Answer and Counterclaim Husband ….. As set forth in more detail below I find the parties shall have joint custody with Wife being designated primary custodian…..”

In other words, summarize the Order at the very beginning so no one has to go all the way through it to understand what it does.

The second thing was let the Order bake overnight -or at least a few hours- so you can re-read it cold, with the question in the back of your mind always being whether an 8th grader would understand it. If not, fix those parts so it’s clear.

Just my two pesos.

• Practical Law

Applications for section 8 orders by extended family members

Practical law uk practice note 0-602-4405  (approx. 22 pages).

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Home & House Stagers in Elektrostal'

Location (1).

• Use My Current Location

Popular Locations

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• Elektrostal', Moscow Oblast, Russia

Professional Category (1)

• Accessory Dwelling Units (ADU)

Featured Reviews for Home & House Stagers in Elektrostal'

• Reach out to the pro(s) you want, then share your vision to get the ball rolling.
• Request and compare quotes, then hire the Home Stager that perfectly fits your project and budget limits.

A home stager is a professional who prepares a house for sale, aiming to attract more buyers and potentially secure a higher selling price. They achieve this through the following techniques:

• Rearranging furniture to optimize space and functionality.
• Decluttering to create a clean and spacious look.
• Making repairs to address visible issues.
• Enhancing aesthetics with artwork, accessories, and lighting.
• Introducing new furnishings to update the style.

Their goal is to present the house in the best light. Home stagers in Elektrostal' help buyers envision themselves living there, increasing the chances of a successful sale.

• Decluttering
• Furniture Selection
• Space Planning
• Art Selection
• Accessory Selection

Benefits of the home staging in Elektrostal':

• Attractive and inviting: Staging creates a welcoming atmosphere for potential buyers.
• Faster sale: Homes sell more quickly, reducing time on the market.
• Higher sale price: Staging can lead to higher offers and appeal to a wider range of buyers.
• Showcasing best features: Strategic arrangement highlights positives and minimizes flaws.
• Stand out online: Staged homes capture attention in online listings.
• Emotional connection: Staging creates a positive impression that resonates with buyers.
• Easy visualization: Buyers can easily picture themselves living in a staged home.
• Competitive advantage: Staging sets your home apart from others on the market.
• Affordable investment: Cost-effective way to maximize selling potential and ROI.
• Professional expertise: Experienced stagers ensure optimal presentation for attracting buyers.

What does an Elektrostal' home stager do?

What should i consider before hiring an interior staging company, questions to ask potential real estate staging companies in elektrostal', moscow oblast, russia:, business services, connect with us.

Electrostal History and Art Museum

Most Recent: Reviews ordered by most recent publish date in descending order.

Detailed Reviews: Reviews ordered by recency and descriptiveness of user-identified themes such as wait time, length of visit, general tips, and location information.

Electrostal History and Art Museum - All You Need to Know BEFORE You Go (2024)

• (0.19 mi) Elektrostal Hotel
• (1.21 mi) Yakor Hotel
• (1.27 mi) Mini Hotel Banifatsiy
• (1.18 mi) Elemash
• (1.36 mi) Hotel Djaz
• (0.07 mi) Prima Bolshogo
• (0.13 mi) Makecoffee
• (0.25 mi) Amsterdam Moments
• (0.25 mi) Pechka
• (0.26 mi) Mazhor