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A
Brief Guide to The Children Order |
The aim of the Children Order was to simplify the law relating to
children, making it more consistent and more flexible, and to make
the law more appropriate by making it child centered.
The Children
Order promotes a "no order principle" in that it is deemed
to be in the children's best interests for matters to be agreed
between the parties rather than to invite the court to become involved
in the arrangements. It tries to encourage parties to make decisions
themselves regarding the children without intervention from outside
bodies.
Therefore the
court will only make an order where it is satisfied that making
one is better for the child than not making such an order.
APPLYING
TO THE COURT
If
parents are unable to resolve matters by agreement, then either
party can apply to the Court for a variety of orders under the Children
Order. There are four orders known as Article 8 orders. They are
as follows:-
1. Residence
Orders
If
parents are separating or divorcing and cannot agree with whom the
children should reside, the Court can make a residence order directing
where the child should live.
Usually an order
would direct that the children live with one parent, however if
the parties agree, and the Court consider it appropriate, then a
joint residence order could be made specifying how much time the
children spend with each party. A parent with a residence order
can remove the child from the jurisdiction for a period of up to
one month.
2. Contact
orders
If
parents are unable to agree contact (replacing the old term access)
arrangements for the children to visit or stay with the other parent
then the Court can make a contact order. An order will require the
person with whom the person is living to make the child available
for contact, and this could cover such things as telephone contact
or indirectly by letter. It is important to note that contact is
the right of the child and not of the parents.
3. Prohibitive
Steps order
If
one parent objects to something the other is doing in their role
as a parent concerning a child, then they can apply to the court
for a prohibitive steps order. Such an order would prevent the parent
from taking specified actions as outlined in the order such as,
for example, removing a child from the jurisdiction.
4. Specific
Issue Order
If
the parents are unable to agree about specific aspects of their
child's upbringing, for example which school they should attend
or whether or not they can go abroad on holiday, a specific issue
order can be applied for giving directions for the purposes of determining
a specific question relating to the child's upbringing or welfare.
PARENTAL
RESPONSIBILITY
The
Children Order introduced the concept of parental responsibility
to promote the idea that parents have "responsibilities"
towards their children. The term is defined as "all rights,
duties, powers, responsibilities and authority which by law a parent
of a child has in relation to that child or his property".
In unmarried couples, only the mother automatically acquires parental
responsibility. An unmarried father will need to secure parental
responsibility by agreement with the mother or by order of the Court.
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