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Children Act 1989: Section 10 - Entitlement to Apply for Child Arrangements Orders, Study notes of Constitutional Theory

London Metropolitan UniversityConstitutional Theory

Information on Section 10 of the Children Act 1989, which outlines the persons entitled to apply for child arrangements orders. details on the application process, conditions for leave to make an application, and textual amendments. It is important for individuals involved in family proceedings regarding the welfare of a child to understand the eligibility criteria for applying for a child arrangements order.

What you will learn

  • What textual amendments have been made to Section 10 of the Children Act 1989 regarding child arrangements orders?
  • Who is entitled to apply for a child arrangements order under Section 10 of the Children Act 1989?

Typology: Study notes

2021/2022

Uploaded on 09/27/2022

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Changes to legislation: Children Act 1989, Section 10 is up to date with all changes known to be in force on or before
14 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Children Act 1989
1989 CHAPTER 41
PART II
ORDERS WITH RESPECT TO CHILDREN IN FAMILY PROCEEDINGS
General
10 Power of court to make section 8 orders.
(1) In any family proceedings in which a question arises with respect to the welfare of
any child, the court may make a section 8 order with respect to the child if—
(a) an application for the order has been made by a person who—
(i) is entitled to apply for a section 8 order with respect to the child; or
(ii) has obtained the leave of the court to make the application; or
(b) the court considers that the order should be made even though no such
application has been made.
(2) The court may also make a section 8 order with respect to any child on the application
of a person who—
(a) is entitled to apply for a section 8 order with respect to the child; or
(b) has obtained the leave of the court to make the application.
(3) This section is subject to the restrictions imposed by section 9.
(4) The following persons are entitled to apply to the court for any section 8 order with
respect to a child—
(a) any parent [F1, guardian or special guardian] of the child;
[F2(aa) any person who by virtue of section 4A has parental responsibility for the
child;]
[F3(b) any person who is named, in a child arrangements order that is in force with
respect to the child, as a person with whom the child is to live.]
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Download Children Act 1989: Section 10 - Entitlement to Apply for Child Arrangements Orders and more Study notes Constitutional Theory in PDF only on Docsity!

Changes to legislation: Children Act 1989, Section 10 is up to date with all changes known to be in force on or before 14 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Children Act 1989

1989 CHAPTER 41

PART II

ORDERS WITH RESPECT TO CHILDREN IN FAMILY PROCEEDINGS

General

10 Power of court to make section 8 orders.

(1) In any family proceedings in which a question arises with respect to the welfare of

any child, the court may make a section 8 order with respect to the child if—

(a) an application for the order has been made by a person who—

(i) is entitled to apply for a section 8 order with respect to the child; or

(ii) has obtained the leave of the court to make the application; or

(b) the court considers that the order should be made even though no such

application has been made.

(2) The court may also make a section 8 order with respect to any child on the application

of a person who—

(a) is entitled to apply for a section 8 order with respect to the child; or

(b) has obtained the leave of the court to make the application.

(3) This section is subject to the restrictions imposed by section 9.

(4) The following persons are entitled to apply to the court for any section 8 order with

respect to a child—

(a) any parent [F1 , guardian or special guardian ] of the child;

[F2 (aa) any person who by virtue of section 4A has parental responsibility for the

child; ]

[F3 (b) any person who is named, in a child arrangements order that is in force with

respect to the child, as a person with whom the child is to live. ]

Part II – Orders With Respect To Children In Family Proceedings Document Generated: 2022-06- Changes to legislation: Children Act 1989, Section 10 is up to date with all changes known to be in force on or before 14 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(5) The following persons are entitled to apply for a [F4 child arrangements ] order with

respect to a child—

(a) any party to a marriage (whether or not subsisting) in relation to whom the

child is a child of the family;

[F5 (aa) any civil partner in a civil partnership (whether or not subsisting) in relation

to whom the child is a child of the family; ]

(b) any person with whom the child has lived for a period of at least three years;

(c) any person who—

[F6 (i) in any case where a child arrangements order in force with respect to

the child regulates arrangements relating to with whom the child is

to live or when the child is to live with any person, has the consent

of each of the persons named in the order as a person with whom the

child is to live; ]

(ii) in any case where the child is in the care of a local authority, has the

consent of that authority; or

(iii) in any other case, has the consent of each of those (if any) who have

parental responsibility for the child.

[F7 (d) any person who has parental responsibility for the child by virtue of provision

made under section 12(2A). ]

[F8 (5A) A local authority foster parent is entitled to apply for a [F9 child arrangements order to

which subsection (5C) applies ] with respect to a child if the child has lived with him

for a period of at least one year immediately preceding the application. ]

[F10 (5B) A relative of a child is entitled to apply for a [F11 child arrangements order to which

subsection (5C) applies ] with respect to the child if the child has lived with the relative

for a period of at least one year immediately preceding the application. ]

[F12 (5C) This subsection applies to a child arrangements order if the arrangements regulated by

the order relate only to either or both of the following—

(a) with whom the child concerned is to live, and

(b) when the child is to live with any person. ]

(6) A person who would not otherwise be entitled (under the previous provisions of this

section) to apply for the variation or discharge of a section 8 order shall be entitled

to do so if—

(a) the order was made on his application; or

(b) in the case of a [F13 child arrangements ] order, he is named in [F14 provisions of

the order regulating arrangements relating to—

(i) with whom the child concerned is to spend time or otherwise have contact, or

(ii) when the child is to spend time or otherwise have contact with any person. ]

(7) Any person who falls within a category of person prescribed by rules of court is entitled

to apply for any such section 8 order as may be prescribed in relation to that category

of person.

[F15 (7A) If a special guardianship order is in force with respect to a child, an application for

a [F16 child arrangements order to which subsection (7B) applies ] may only be made

with respect to him, if apart from this subsection the leave of the court is not required,

with such leave. ]

Part II – Orders With Respect To Children In Family Proceedings Document Generated: 2022-06- Changes to legislation: Children Act 1989, Section 10 is up to date with all changes known to be in force on or before 14 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F13 Words in s. 10(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(6)(a) ; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) F14 Words in s. 10(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(6)(b) ; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) F15 S. 10(7A) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148 , Sch. 3 para. 56(d) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o) F16 Words in s. 10(7A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(7) ; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) F17 S. 10(7B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(8) ; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I1 S. 10 wholly in force at the 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Document Generated: 2022-06-

Changes to legislation:

Children Act 1989, Section 10 is up to date with all changes known to be in force on or before 14

June 2022. There are changes that may be brought into force at a future date. Changes that have

been made appear in the content and are referenced with annotations.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those

provisions):

  • s. 4(1A)(aa) inserted by 2009 c. 24 Sch. 6 para. 21(3)
  • s. 4(1C) inserted by 2009 c. 24 Sch. 6 para. 21(4)
  • s. 4ZA(2)(aa) inserted by 2009 c. 24 Sch. 6 para. 22(3)
  • s. 4ZA(3A) inserted by 2009 c. 24 Sch. 6 para. 22(4)
  • s. 8(4)(k) inserted by 2021 c. 17 s. 52(1)
  • s. 31A(4A) inserted by 2014 c. 6 s. 15(2)(b)