The following Family guidance note provides comprehensive and up to date legal information covering:
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:
those who are entitled to apply for any s 8 order
those who are entitled to apply for a child arrangements order (CAO)
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)
those who are entitled to apply for the variation or discharge of a s 8 order
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
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