Permission to apply for a section 8 order
Permission to apply for a section 8 order

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Permission to apply for a section 8 order
  • Permission to apply for a section 8 order
  • Persons entitled to apply for any section 8 order
  • Persons entitled to apply for a child arrangements order
  • Persons entitled to apply for a child arrangements order regulating arrangements regarding with whom the child is to live
  • Entitled to apply for variation or discharge of a section 8 order
  • Persons who require permission to apply for a section 8 order
  • The permission criteria
  • Grandparents and other relatives
  • Procedure
  • more

Permission to apply for a section 8 order

Under the Children Act 1989 (ChA 1989) certain applicants are entitled to apply for an order under ChA 1989, s 8 (s 8 order) on the basis that they are persons who are usually closely connected with the child, while others require permission from the court before they can apply. There are also distinctions depending on the type of s 8 order that is being applied for. These fall into the following categories:

  1. those who are entitled to apply for any s 8 order

  2. those who are entitled to apply for a child arrangements order (CAO)

  3. those who are entitled to apply for a CAO that regulates the arrangements regarding  with whom the child concerned is to live and when they are to live with any person (formerly a residence order)

  4. those who are entitled to apply for the variation or discharge of a s 8 order

  5. those who require leave to apply for any s 8 order

Note that where a special guardianship order is in force, all applicants require the leave of the court to make an application for a CAO that regulates with whom a child is to live and when. This is so whether or not the applicant would otherwise be entitled to make an application for a CAO under ChA