Section 8 Children Act 1989: Child Arrangements, Prohibited Steps & Specific Issue Orders

Understanding Section 8 Children Act Orders: Child Arrangements, Prohibited Steps & Specific Issues

Section 8 of the Children Act 1989 allows the Court to regulate specific aspects of a child’s life when those with parental responsibility cannot reach an agreement. These orders are usually made in private law proceedings, typically between separated or divorcing parents, but other individuals can apply in certain circumstances.

These Court orders are essential for safeguarding children’s welfare and resolving parental disputes. In every case, the Court’s paramount concern is the child’s best interests.

Types of Orders Under Section 8

The Court can make three types of private law orders under Section 8 of the Children Act 1989:

1. Child Arrangements Order (CAO)
2. Prohibited Steps Order (PSO)
3. Specific Issue Order (SIO)

What is a Child Arrangements Order (CAO)?

A Child Arrangements Order determines:

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

You may wish to apply for a CAO if there are disputes regarding where the child should live or the contact arrangements with each parent or carer.

What is a Prohibited Steps Order (PSO)?

A Prohibited Steps Order stops a parent or guardian with parental responsibility from taking specific actions regarding the child without the Court’s permission.

Examples include:

• Preventing a parent from removing the child from the UK
• Stopping a change of name

In urgent cases, a PSO can be applied for on an emergency basis.

What is a Specific Issue Order (SIO)?

A Specific Issue Order resolves a particular dispute relating to the child’s upbringing or parental responsibility. Examples include decisions about:

• The child’s education
• Medical treatment
• Religious upbringing

How the Court Decides: The Welfare Checklist

When considering any order under Section 8, the Court will apply the welfare checklist under Section 1(3) of the Children Act 1989. A CAFCASS officer will usually carry out safeguarding checks and provide recommendations.

The Court will consider:

• The child’s wishes and feelings (with regard to age and understanding)
• Physical, emotional, and educational needs
• The likely effect of any change in circumstances
• The child’s age, sex, background, and characteristics
• Harm the child has suffered or may suffer
• Each parent or carer’s ability to meet the child’s needs

If you need advice on Child Arrangements, Prohibited Steps, or Specific Issue Orders, contact our family law team today for expert guidance.

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