Who Can Apply for Section 8 Orders | CA 1989 s. 10
CA 1989 s. 10 specifies who may apply for a section 8 order, such as parents or carers of three years, and rules for when court leave is required.
Official text
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CA 1989 s. 10 — United Kingdom
In any family proceedings in which a question arises with respect to the welfare of any child, the court may make a section 8 order with respect to the child if— an application for the order has been made by a person who— is entitled to apply for a section 8 order with respect to the child; or has obtained the leave of the court to make the application; or the court considers that the order should be made even though no such application has been made. The court may also make a section 8 order with respect to any child on the application of a person who— is entitled to apply for a section 8 order with respect to the child; or has obtained the leave of the court to make the application. This section is subject to the restrictions imposed by section 9. The following persons are entitled to apply to the court for any section 8 order with respect to a child— any parent , guardian or special guardian of the child; any person who by virtue of section 4A has parental responsibility for the child; any person who is named, in a child arrangements order that is in force with respect to the child, as a person with whom the child is to live. The following persons are entitled to apply for a child arrangements order with respect to a child— any party to a marriage (whether or not subsisting) in relation to whom the child is a child of the family; any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family; any person with whom the child has lived for a period of at least three years; any person who— in any case where a child arrangements order in force with respect to the child regulates arrangements relating to with whom the child is to live or when the child is to live with any person, has the consent of each of the persons named in the order as a person with whom the child is to live; in any case where the child is in the care of a local authority, has the consent of that authority; or in any other case, has the consent of each of those (if any) who have parental responsibility for the child. any person who has parental responsibility for the child by virtue of provision made under section 12(2A). A local authority foster parent is entitled to apply for a child arrangements order to which subsection (5C) applies with respect to a child if the child has lived with him for a period of at least one year immediately preceding the application. A relative of a child is entitled to apply for a child arrangements order to which subsection (5C) applies with respect to the child if the child has lived with the relative for a period of at least one year immediately preceding the application. This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following— with whom the child concerned is to live, and when the child is to live with any person. A person who would not otherwise be entitled (under the previous provisions of this section) to apply for the variation or discharge of a section 8 order shall be entitled to do so if— the order was made on his application; or in the case of a child arrangements order, he is named in provisions of the order regulating arrangements relating to— with whom the child concerned is to spend time or otherwise have contact, or when the child is to spend time or otherwise have contact with any person. Any person who falls within a category of person prescribed by rules of court is entitled to apply for any such section 8 order as may be prescribed in relation to that category of person. If a special guardianship order is in force with respect to a child, an application for a child arrangements order to which subsection (7B) applies may only be made with respect to him, if apart from this subsection the leave of the court is not required, with such leave. This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following— with whom the child concerned is to live, and when the child is to live with any person. Where the person applying for leave to make an application for a section 8 order is the child concerned, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application for the section 8 order. Where the person applying for leave to make an application for a section 8 order is not the child concerned, the court shall, in deciding whether or not to grant leave, have particular regard to— the nature of the proposed application for the section 8 order; the applicant’s connection with the child; any risk there might be of that proposed application disrupting the child’s life to such an extent that he would be harmed by it; and where the child is being looked after by a local authority— the authority’s plans for the child’s future; and the wishes and feelings of the child’s parents. The period of three years mentioned in subsection (5)(b) need not be continuous but must not have begun more than five years before, or ended more than three months before, the making of the application.
Section 10 answers the standing question. Some people are entitled to apply for any section 8 order: any parent, guardian or special guardian; a step-parent who has parental responsibility under section 4A; and anyone named in a live child arrangements order as a person with whom the child is to live. A wider group is entitled to apply for a child arrangements order specifically: a party to a marriage or civil partnership in relation to whom the child is a child of the family; any person with whom the child has lived for at least three years; and anyone who has the consent of those named in an existing order as persons the child lives with, or of the local authority where the child is in care, or of everyone with parental responsibility.
Subsections (5A) and (5B) add a route for local authority foster parents and for relatives: each may apply for a child arrangements order about where the child lives if the child has lived with them for at least one year immediately before the application. Subsection (10) qualifies the three-year rule - the period need not be continuous, but must not have begun more than five years before, or ended more than three months before, the application.
Everyone else needs the leave of the court, and subsection (9) sets out what the court has particular regard to in deciding: the nature of the proposed application; the applicant's connection with the child; any risk that the application would disrupt the child's life so much that they would be harmed by it; and, where the child is looked after by a local authority, the authority's plans and the parents' wishes and feelings. This is the route a grandparent normally takes. Where the child applies for leave, subsection (8) requires the court to be satisfied that they have sufficient understanding. Subsection (1)(b) also lets the court make a section 8 order in family proceedings even where nobody applied for one.
When it applies
A grandparent seeking to spend time with a grandchild after a family breakdown.
A step-parent who has helped raise a child for years and is now excluded.
A relative who has been caring for a child for over a year.
A foster carer wanting an order about a child placed with them.
A teenager wanting to apply about their own living arrangements.
What this section does not say
×It does not give grandparents an automatic right to apply. Grandparents are not in the entitled categories and normally need the leave of the court.
×It does not decide the application. Leave only allows the application to be made; the merits are decided under section 1.
×It does not override the restrictions in section 9, which limit when section 8 orders can be made - particularly for children in local authority care.
×The three-year rule is not satisfied by any three years. Subsection (10) requires the period to have begun within the last five years and to have ended no more than three months before the application.
×It does not apply to special guardianship. Standing for those applications is in section 14A.
Worked examples
Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.
Illustrative example
A grandparent looked after their granddaughter three days a week for four years while both parents worked. Since the parents split, the mother has stopped all contact and will not discuss it.
How the wording applies
Grandparents are not among those entitled to apply, so section 10 makes leave of the court the first step - and leave is only permission to bring the application, not a view on it. The fact that could change the position entirely is the living arrangement: subsection (5B) lets a relative apply as of right for a child arrangements order about where the child lives if the child has lived with them for at least a year immediately before the application, and regular daytime care is not the same as living with.
How the parties settled it
The mother agrees to one Saturday a month plus a weekly video call for six months, with both agreeing to review it with a mediator rather than by application if it stops working.
Illustrative example
Someone had a partner's child living with them for three years, which ended when the relationship broke down four months ago. They want to apply for contact.
How the wording applies
Subsection (5) gives an entitlement to apply for a child arrangements order to any person with whom the child has lived for at least three years, and subsection (10) qualifies it precisely: the period need not be continuous, but must not have begun more than five years before the application, nor ended more than three months before it. The fact that decides whether an entitlement exists or leave is needed is that three-month tail, which has nearly run here.
How the parties settled it
The parent agrees to fortnightly contact for a trial period starting immediately, and both agree to record the arrangement in writing so neither side has to rely on the timing point.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of CA 1989 s. 10 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.