Section 8 of the Children Act 1989

Current version (as amended)

Section 8 of the Children Act 1989 ↗, as it currently stands (that is — with any amendments), is as follows:

Child arrangements orders and other orders with respect to children
  1. (1)  

    In this Act —

    • a child arrangements order” means an order regulating arrangements relating to any of the following —

      1. (a) with whom a child is to live, spend time or otherwise have contact, and
      2. (b) when a child is to live, spend time or otherwise have contact with any person;
    • a prohibited steps order” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court;
    • a specific issue order” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.
  2. (2)  

    In this Acta section 8 order” means any of the orders mentioned in subsection (1) and any order varying or discharging such an order.

  3. (3)  

    For the purposes of this Act “family proceedings” means any proceedings —

    but does not include proceedings on an application for leave under section 100(3) ↗.

  4. (4)  

    The enactments are —

    1. (a)  Parts I ↗, II ↗ and IV ↗ of this Act;
    2. (b)  the Matrimonial Causes Act 1973 ↗;
    3. (ba)  Schedule 5 ↗ to the Civil Partnership Act 2004 ↗;
    4. (c)  
    5. (d)  the Adoption and Children Act 2002 ↗;
    6. (e)  the Domestic Proceedings and Magistrates’ Courts Act 1978 ↗;
    7. (ea)  Schedule 6 ↗ to the Civil Partnership Act 2004 ↗;
    8. (f)  
    9. (g)  Part III ↗ of the Matrimonial and Family Proceedings Act 1984 ↗;
    10. (h)  the Family Law Act 1996 ↗;
    11. (i)  sections 11 ↗ and 12 ↗ of the Crime and Disorder Act 1998 ↗.
Meaning of terms

Certain terms in the Children Act 1989 have a specific meaning which is defined in the Act:

Enacted version

Section 8 of the Children Act 1989 ↗, as originally made (that is — without any amendments), is as follows:

Residence, contact and other orders with respect to children
  1. (1)  

    In this Act —

    • a contact order” means an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other;
    • a prohibited steps order” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court;
    • a residence order” means an order settling the arrangements to be made as to the person with whom a child is to live; and
    • a specific issue order” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.
  2. (2)  

    In this Acta section 8 order” means any of the orders mentioned in subsection (1) and any order varying or discharging such an order.

  3. (3)  

    For the purposes of this Act “family proceedings” means any proceedings —

    but does not include proceedings on an application for leave under section 100(3) ↗.

  4. (4)  

    The enactments are —

    1. (a)  Parts I ↗, II ↗ and IV ↗ of this Act;
    2. (b)  the Matrimonial Causes Act 1973 ↗;
    3. (c)  the Domestic Violence and Matrimonial Proceedings Act 1976 ↗;
    4. (d)  the Adoption Act 1976 ↗;
    5. (e)  the Domestic Proceedings and Magistrates’ Courts Act 1978 ↗;
    6. (f)  sections 1 ↗ and 9 ↗ of the Matrimonial Homes Act 1983 ↗;
    7. (g)  Part III ↗ of the Matrimonial and Family Proceedings Act 1984 ↗.
Meaning of terms

Certain terms in the Children Act 1989 have a specific meaning which is defined in the Act:

Amendments and commencement

The words “Child arrangements orders” in the title of section 8 were inserted by paragraph 3 ↗ of Schedule 2 ↗ to the Children and Families Act 2014 ↗, and came into force on 22nd April 2014.  (The Children and Families Act 2014 (Commencement No. 2) Order 2014 ↗)

The definitions of “a contact order” and “a residence order” in subsection 8(1) was omitted, and the definition of “a child arrangements order” was inserted, by section 12 ↗ of the Children and Families Act 2014 ↗, and came into force on 22nd April 2014.  (The Children and Families Act 2014 (Commencement No. 2) Order 2014 ↗)

Subsection 8(4)(d) was substituted by paragraph 55 ↗ of Schedule 3 ↗ to the Adoption and Children Act 2002 ↗, and came into force on 30th December 2005.  (The Adoption and Children Act 2002 (Commencement No. 9) Order 2005 ↗)

Subsections 8(4)(ba) and (ea) were inserted by paragraph 129 ↗ of Schedule 27 ↗ to the Civil Partnership Act 2004 ↗, and came into force on 5th December 2005.  (The Civil Partnership Act 2004 (Commencement No. 2) Order 2005 ↗)

Subsection 8(4)(i) was inserted by paragraph 68 ↗ of Schedule 8 ↗ to the Crime and Disorder Act 1998 ↗, and came into force on 30th September 1998.  (The Crime and Disorder Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998 ↗)

Subsections 8(4)(c) and (f) were omitted, and subsection 8(4)(h) was inserted, by paragraph 60 ↗ of Schedule 8 ↗ to the Family Law Act 1996 ↗, which came into force on 1st October 1997.  (The Family Law Act 1996 (Commencement No. 2) Order 1997 ↗)

All other parts of section 8 came into force on 14th October 1991.  (The Children Act 1989 (Commencement and Transitional Provisions) Order 1991 ↗)

Extent

Section 8 of the Children Act extends to England & Wales only.