Discuss the section 8 under The Children Act 1989, where family relation may have broken down.

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BA Social work (year 1)

Student No: 981683  

108SW

Discuss the section 8 under The Children Act 1989, where family relation may have broken down.

In this essay I will discuss the section 8 order. The section 8 order is a piece of legislation which is a part of ‘The Children Act 1989’. This part deals with the child’s welfare when a family breakdown. It’s mainly concerns with the proceedings of child’s welfare, residential, Parental Responsibilities (PR), care, and adoption or fostering. To explain the section 8 order, I will use two case studies to describe the proceeding procedure.  

The Children Act consists of 108 sections, which makes it a relatively large piece of legislation (Allen, 1992: p.12). Part II of the Act is designed to change the range of orders which are associated with ‘private’ disputes in family and matrimonial law formerly order for custody, access, care and control (Kent et al, 1990: p. xvi).

The types of section 8 order are listed below:

A Residential Order: helps to arrange the settlement with whom the child can live with. Any one can appeal for RO except the child. If the couple was married at the birth of the child or subsequently got married after the child's birth, then both parents have PR. If parents have a dispute over the RO then the court can decide that the child will share half the time with each of parents. When parents are not married then only the mother has the PR. Mother can transfer PR to her partner or the partner can apply to courts for PR. If one or both of the parties settle in another relationship, they still have PR for their child. Stepfather or mother can apply for PR and RO.

Parents can’t lose their PR, unless the child has been adopted or fostered by others. Foster parents can apply for RO if they have agreement with the Local Authority. For example, if aunt applied for a RO, then PR will be given to her by adoption or other court orders. RO and PR are linked together. If court decides a RO for aunt then PR will removed from actual parents and will be given to aunt or whoever applied. Courts can make section 8 order for any person who applies for PR. LA can’t apply for RO but can apply for Care Order.      

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A Contact Order: helps to arrange the settlement with whom a child can visit or see, and who can see and visit the child. The child can apply for a Contact Order. Any parents or guardian, who have a RO in relation to the child, have a right to apply for a Contact Order. The Contact Order ceases to have effect if the parents live together for a cautions period exceeding six months [s11(6)]. When the child reaches the age of 16 (18 in exceptional circumstances) [s91(10)], the court can not make a contact order which is to have affect ...

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