1. Lecture 3 – Children Act 1989
shummi.s@hotmail.co.uk

2. Lesson Objectives:
1. To be able to recap what parental
responsibility is.
2. To be able to list 3 principles discussed last
lesson.
3. To be able to list minimum of 5 factors which
are applied in court proceedings when making a
decision about a child’s upbringing.

3. The 3 Principles!!!
What are the 3 principles which are applied
when making a decision about a child’s
upbringing?
Paramountcy principle, no order/non
intervention principle, and avoiding delays.
Describe these?

4. The 3 principles
Can you explain them/list case law?
1. Paramountcy? Describe and case-law?
2. No order/non intervention – describe.
3. Avoidance of Delay principle – describe?

5. Recap Test – 10 mins.
1. What are the 3 principles applied in court
proceedings needed to be considered for a
child’s upbringing?
2. What are the 7 factors applied in court
proceedings when considering a child’s
upbringing?
3. Explain what is meant by paramountcy, welfare,
and autonomy in relation to the CA 1989.
4. Discuss the Welfare vs Autonomy argument.

6. Section 8 Orders
Under s.8 CA 1989, the court can make four
orders; a residence order, a contact order, a
prohibited steps order and a specific issue order.
The orders can be obtained by either a separate
application or as part of any ‘family proceedings’.
The court has the power to make an order of its
own choice, in respect of any child, if an issue as
to that child’s welfare arises in the proceedings.

7. Who can apply for a s.8 order?
Under s.10(4) CA 1989 3 types of people can
have an automatic right to apply for ANY s.8
order:
1. The child’s legal parent(s)
2. The child’s guardian(s) or special guardian(s);
3. A step-parent who has PR (including a
parent’s civil partner).

8. Under s.10(5) CA 1989 a further 3 groups of people
have an automatic right to apply for contact or
residence orders:
1. Either party to a marriage or civil partnership, whether
it is existing or not, in respect of a child of the family.
2. Anyone with whom the child has lived with for 3 out of
the past 5 years.
3. Anyone who has obtained the consent of the parents
with PR or from everybody in whom a residence order
has been made, or of the local authority if the child is
in care.
A relative of the child with whom the child has been
living with for the past year can apply for residence
orders only.

9. Who can apply for s.8 orders?
Finally, anybody else, including the child himself, can apply with
permission of the court. Before granting this to anyone other than
the child, the court must consider the following:
1. The nature of the proposed application.
2. The applicant’s connection with the child.
3. Any risk of disruption to the child’s life, to the extent that he
would be harmed.
4. Where the child is in local authority care, the LA’s plans for the
child’s future and the wishes and feelings of the child’s parents.
When the application is made by the child himself, the court must
satisfy that the child has sufficient understand to make the
proposed application.

10. Who can apply for a s.8 order?
If a child is, or has been at any time in the past
SIX MONTHS, in foster care, the foster parent
may not apply for leave to apply for a s.8
order unless:
1. He has the consent of the Local Authority.
2. He is the relative of the child.
3. The child has lived with him for at least one
year preceding the application.

11. Automatic right to apply Right to apply for Right to apply with
for all orders contact/residence leave of the court
orders
Anyone Anyone, including the child.
Parents Guardians
with a Special rules apply to foster
residence parents.
order
Either party to a Anyone the child has lived with for Anyone, with consent
marriage or civil three out of the past five years. of the parents or of
partnership, in respect everyone with a
of a child of the family. residence order or of
the local authority (if
the child is in care)