Timetables,directions,conditions s8 orders – CA 1989 s.11
CA 1989 s.11:court must timetable s.8 order proceedings without delay; may impose conditions; child arrangements orders stop if parents live together >6 months.
In proceedings in which any question of making a section 8 order, or any other question with respect to such an order, arises, the court shall (in the light of any provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b — draw up a timetable with a view to determining the question without delay; and give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to. Rules of court may— specify periods within which specified steps must be taken in relation to proceedings in which such questions arise; and make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that such questions are determined without delay. Where a court has power to make a section 8 order, it may do so at any time during the course of the proceedings in question even though it is not in a position to dispose finally of those proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where— a child arrangements order has been made with respect to a child; and the child has two parents who each have parental responsibility for him, the order, so far as it has the result that there are times when the child lives or is to live with one of the parents, shall cease to have effect if the parents live together for a continuous period of more than six months. A child arrangements order made with respect to a child, so far as it provides for the child to spend time or otherwise have contact with one of the child's parents at times when the child is living with the child's other parent, shall cease to have effect if the parents live together for a continuous period of more than six months. A section 8 order may— contain directions about how it is to be carried into effect; impose conditions which must be complied with by any person— who is named in the order as a person with whom the child concerned is to live, spend time or otherwise have contact; who is a parent of the child ...; who is not a parent of his but who has parental responsibility for him; or with whom the child is living, and to whom the conditions are expressed to apply; be made to have effect for a specified period, or contain provisions which are to have effect for a specified period; make such incidental, supplemental or consequential provision as the court thinks fit.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section tells the court what it must do when someone asks for a section 8 order (like a child arrangements order saying where a child lives or spends time). The court has to draw up a timetable to decide the question as fast as possible and give directions to keep things on track. Rules of court can set time limits for each step.
The court can make a section 8 order at any time during the case, even before the whole case is finished. It can also attach conditions, for example requiring a parent to attend a course or follow specific rules. Conditions can apply to the person the child lives with, the other parent, or anyone with parental responsibility.
A child arrangements order that says the child lives with one parent stops if that parent and the other parent live together for more than six months straight. The same applies to contact parts of the order – they also end after six months of cohabitation. The court can also set a time limit on the order or include any extra provisions it thinks are necessary.
When it applies
- A parent applies for a child arrangements order; the judge sets a hearing date and orders a CAFCASS report within four weeks.
- Two parents separate, then get back together and live under the same roof for seven months; the existing child arrangements order automatically expires.
- A court makes an interim contact order allowing a father to see his child every Saturday, even though the final decision on residence is still pending.
- A judge orders that a mother must attend a parenting course before she can have overnight contact with her child.
What this section does not say
- This section does not say that the child's welfare is the court's paramount consideration – that is in section 1.
- It does not list who can apply for a section 8 order – that is in section 10.
- It does not cover what happens if someone breaks a child arrangements order – that is dealt with under sections 11J to 11L (enforcement orders).
- It does not define what a 'child arrangements order' is – that definition is in section 8 of the Act.
Related sections
That's the law. Now let's settle your problem.
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.
Or open a session directly and invite the other party.
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. 11 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.