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 beyond the child’s 16th birthday [(s9(6)]. The foster parents can apply for a Contact Order if the child has lived with them for three years proceeding the application, providing their names in the Contact Order list. RO or PR gives a right to parents and guardians to apply for a Contact Order. Any one, whose name is on the Contact Order, can apply for its variation or discharge [s10(6)]. LA can’t apply for a Contact Order. But if the child is under the care of LA, then a Contact Order can’t be made [s9(1)].
A Specific Issue Order: gives directions for the purpose of determining a specific question which has arisen, or which may arise in connection with any aspect of PR for a child. The court considers the circumstances and will make order in the interest of the child. A Specific Issue Order enables a parent and others to bring a particular question relating to the exercise of PR to be determined by the court, e.g. a question concerning a child’s schooling [s8(1)]. Any person or guardian who have RO in relation to child has the right to apply [s10(4)]. The court can’t make a Specific Issue Order to achieve a result, which could be achieved by a RO or Contact Order, or any way denied to High Court [s100(2)] and [s9(5)]. However, the court can make order which directs how it is to be carried out, imposing conditions, fixing period limit or with such incidental, supplemental or consequential provision as the court thinks fit [s11(7)].
A Prohibited Steps Order: is an order, which can stop the parents or guardian to take or make certain changes without the consent of the court and any other person who have PR and RO. Under this order no one is allowed to remove the child from the UK and are not allowed to change the child’s name without the consent of other person who have PR for the child. They can ask for a Court Order for a limited holiday. The court can’t make a Prohibited Steps Order when a child is in care of LA.
Case 1:
Tony and Jane both have PR for the children [s3(1)] and [s2(1)-(3). If Jane allows Tony to live in the house the children may be at risk. The Law made it clear that parents got have duty to protect their children from harm, ill treatment and neglecting the child’s needs is an offence. If “there is a risk of suffering or likely to suffer significant harm or likelihood of harm, then it’s a duty for LA to protect the child/children in the area by applying for a Care Order” [s1(4)]. But LA can’t apply for RO [s9(2)].
The Court considers the children’s physical, emotional, background and risk of harm [s1(3)] before making any order. The court faces restriction to make a section 8 order such as, the Courts can’t make any section 8 order, other than a RO, with respect to a child who is in the care of a LA. The Courts can’t make such an order in favour of a LA for a resident and the LA can’t apply for a RO or for a Contact Order (Dodds, 1994: p. 266). A Contact Order can’t be made in relation to a child in LA care [s9(1)]. The Courts can make a prohibited step order on it’s own motions without an application being made [s10(1)(b)].
If Jane is concerned for her and children’s safety, under the Domestic Violence and The Matrimonial Act 1983 and The Family Law Act 1996, she is allowed to apply for a non-molestation order, ‘ex parte’, and exclusion orders. Under The Family Law Act 1996 (ss30-41) the child can make an application, and likewise the court in the case of family proceeding. This new legislation empowers the courts to exclude an abuser, rather than removing a child (victim) into care. (Bryan and Martin, 1997: p. 334)
Under the Children Act 1989, parents in divorce or separation proceeding are encouraged to make their own decisions regarding to their children’s future.
The child has the right to know who are his/her actual parents and their address or other information concerning or changes are going to happen. A child can be fostered privately (LA should be notified). The “Partnership” involves parents and other authorities that are concerned to achieve better prospects in future for children. The parents have the right to know or make decisions, where the child will be living, who is going to adopt or foster the child or anything else in the relation of the child.
Case 2:
Sue has the PR for Edward because she is not married to David [s2(I)-(3)]. If they agreed that their child should live the mother, there is in principle no necessity for a RO since the father lacks any parental power to remove the child from the mother’s care (Priest, 1993: p. 184). The court considers the child’s welfare, age, and capability of each of child’s parents and any other person in relation to whom the court considers the question to relevant is meeting child’ needs [s1(3)]. And the likely affects on the child of any change in circumstances [s1(3)]. Helen and David can apply for PR and RO, which allows parents or guardians or others to have PR for a child to stay with them. [s10(4)-(5)]. If Helen and David name is already on the contact order list they can visit the child. If not, Helen and David can apply for a Contact Order [s10(6)]. Sue is not allowed to change Edward’s surname without the written consent of every person who have PR. Courts may not make any orders unless it considers that doing so would be better for the child than making no order at all. [s1(5)]
The Section 8 Order of the Children Act 1989 protects the children from emotional and physical suffering due to family breakdown. It also allows parents to decide the future of their children and allows family and others to participate, who may have concerns and would like to appeal for PR and RO. It reduces the burden on LA and provides a chance to others who can offer help and support. There’re restrictions for court to make a section 8 order. In fact, its much more concern with the welfare of the child and his/her feelings and save them from inevitable risks of family proceedings.
Appendix:
(Case: 1)
Joan and Tony have been married for 15 years. They have four children, Allan, Tina, Tom and Sarah respectively, fourteen, ten, six and four years old. Police arrested Tony after Allan’s phone call. When police arrived, Jane was injured and children were frightened. Jane stated that Tony has been physically abusing her and the children since she told him that she wants to live separate. However, she has changed her mind and tried to convince him that she is not leaving. Now she is confused and worried that if she lives with him, her husband will physically abuse her and the children. On the opposite, if she decides not to live with Tony, he may make it worse for her and family. That’s why she terminated the case. Tony told police that he is sorry and wanted to be forgiven by his family. In addition, he Tony wants to move in the house because he has no place to live. The children are scared and don’t understand the situation. Jane mentioned that Allan’s grandmother wants to foster him.
(Case: 2)
Sue and David both are over 18 years old. They’re not married. They had Edward when they both were 16 years old. Helen (David’s mother) fostered the child with the condition to return the child to Sue when she will be 18 years old. They were lived together in Helen’s house. Helen and Sue cared Edward together. Sue and Helen were working as part-time sales assistant. David was unemployed since he left school at the age of 15. David was not keen to have baby but after baby’s birth, he occasionally picked him up. Sue had arguments with David and decided to move in a council flat. David wanted to move with Sue but David was perusing Sue to leave Edward with Helen. Helen loves Edward and she is very keen to keep him. One day after a row Sue left their house and moved to the flat with her son. She called at social services office and asked for help and support.
References:
Allen, N. (1992) Making Sense of The Children Act, UK, Longman group LTD
Bryane, H. and Martin, G. (1997) Law for Social workers, Blackstone Press Limited.
Class notes. 3. 12. 98
Dodds, M. (1994) (Cracknell’s Statutes) Family Law, Old Bailey Press LTD.
Kent, P. and Peirson, J. and Thornton, B. (1990) The Guide to the Children Act 1989, Community Care 19th April 1990, Reed Business Publishing Group.
Priest, J. (1993) Families Outside Marriage, (Family Law) Jordan Publishing LTD.