Family

Section 8 Orders

Four different types of orders can be made in relation to children: 

• Residence Orders;
• Contact Orders;
• Prohibited Steps Orders;
• Specific Issue Orders.  

Each of these orders will determine a particular matter relating to the child’s upbringing. A S.8 order lasts until the child reaches the age of 16 or 18 in exceptional circumstances.

Residence Order

This is an order determining where a child will live; it can be made in favour of non-parents. It can also be made in favour of two or more persons who do not live together; the order can specify the period during which the child is to live in different households. 

When a residence order is in force, the order will provide that no person can cause the child to be known by a new surname and no person may remove the child from the UK without either the written consent of every person who has parental responsibility or the leave of the court.

Where agreement can be reached between the parties, there is no need for any order to be made by the court to dictate with whom the child should live.  

Contact Order

A contact order is 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 the person and the child otherwise to have contact with each other.  

A contact order can authorise physical contact but can also cover contact by letter, email or by telephone (or even video). The amount of contact can either be specified in the order to cover weekend visits or holidays or the order can be for reasonable contact in which case arrangements can be made by the parents.  

Prohibited Steps Order

A prohibited steps order is an order that a parent cannot take a specific action which he/she would otherwise be entitled to take, as a result of having parental responsibility for the child, without the consent of the court. This type of order is used to deal with specific problems that have arisen. It can be used to restrict anyone, not just a parent.  

Specific Issue Order

A specific issue order is 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. 

It does not give a parent a general power, it just makes a decision on one issue over which there is a disagreement which cannot be resolved. It can also be used by non-parents.