Private disputes about children’s matters are usually the result of a relationship breakdown when the parents disagree on arrangements for their children, particularly regarding who the children should live with, have contact with and/or spend time with. Families are increasingly complicated and international, and parents are not always able to resolve disputes about these issues themselves.
If necessary, a court can make orders that resolve disputes regarding:
- child arrangements
- parental responsibility
- special guardianships
- financial arrangements for children
- surrogacy and adoption
Child arrangements orders
These orders, often referred to as ‘section 8 orders’, determine who a child is to live with or spend time with, and may be granted to more than one person whether they live together or not. If a child arrangements order states that the child will live with a person, that person will have parental responsibility for the child until the order ceases.
Some orders are very specific regarding arrangements for the child while others are more open with detailed arrangements to be agreed between the parties. Child arrangements orders may not only be made with respect to the parents but may be used for arrangements between siblings and wider family members. Sometimes the order will give directions that contact is to be supervised by a third person, or that contact is to take place in a specific location.
Making a section 8 application
Certain categories of people are entitled to make an application for a child arrangements order without first having to seek permission from the court. These include:
- the parent, guardian or special guardian of a child
- any person who has parental responsibility for a child
- anyone who holds a residence order in respect of the child
- any party to a marriage or civil partnership where the child is a child of the family
- anyone with whom the child has lived for at least three years
- anyone who has obtained the consent of the local authority if the child is in their care; or everyone who has parental responsibility for the child
Other people, such as grandparents, can apply for orders in respect of their grandchildren.
Children and travel
Travelling or relocating with children can be tricky if both parents do not agree on the plans. Although all mothers, and fathers listed on birth certificates, automatically have parental responsibility for their child, the permission of other people with parental responsibility is required for any travel outside the UK and in certain circumstances for relocation domestically. If this is not possible, you can seek the permission of the court. This is a significant issue when the parents of a child come from different countries and their relationship has broken down.
Relocation and moving abroad
There are many different reasons for people to want to relocate or move abroad, mainly to do with work and family. However, if both parents do not agree, then an application to the court is needed to see whether the relocation can proceed. The court will base its decision on what is in the child’s best interest. The court will balance a number of factors including the physical, educational, social and emotional needs of the child.
If you are thinking of relocating abroad or think your partner may be, getting the right advice now can be crucial. Every case will turn on its own facts and care should be taken in preparing for any court proceedings.
Child abduction
By taking your child outside of the UK without the permission of the other parent, you may be committing an offence of child abduction under the Child Abduction Act 1984. If the child or children normally live with you, then you can travel abroad for up to 28 days provided there is a child arrangement order in place. For a longer holiday or if you are seeking to relocate, you will need permission from the other people with parental responsibility for the child or children and possibly the court. A letter from the others with parental responsibility will normally be enough to show you have permission to take the child abroad.
Taking a child abroad without permission is considered child abduction under English law and taken seriously by the UK government. If you fear your children might be abducted, you should speak to us immediately.
Hague Convention
The Hague Convention is an agreement between various countries that was originally signed in 1980 and reinforced in 1996. The Hague Convention aims to protect children from wrongful removal to other countries. It applies to all children from birth until they reach the age of 16 years and can help return a child to the country where they usually live. This means it can be used to locate and return a child who has been brought to the UK from another person if their status quo child custody arrangement has been broken. The Hague Convention currently has more than 90 countries signed up as members including all EU countries, the US, Canada, India, Australia, China and Brazil.
For expert family law advice from highly qualified professionals, contact one of our lawyers at [email protected] or call 020 3858 8020.