Children and Young Persons Act 2008

Part 4 Orders under Part 2 of the 1989 Act

Residence orders

36 Entitlement of relative to apply for a residence order

In section 10 of the 1989 Act (power of the court to make orders under section 8 of that Act), after subsection (5A) insert—

“(5B) A relative of a child is entitled to apply for a residence order 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.”

37 Duration of residence orders

(1) In section 9(6) of the 1989 Act (restriction on length of orders under section 8 of that Act) for the words from the beginning to “which” substitute “No court shall make a specific issue order, contact order or prohibited steps order”.

(2) In section 12 of that Act (residence orders and parental responsibility) omit subsections (5) and (6).

(3) In section 91(10) of that Act (duration of section 8 orders)—

(a) after “section 8 order” insert “other than a residence order”; and

(b) omit “or 12(5)”.

Special guardianship orders

38 Entitlement of relative to apply for a special guardianship order

In section 14A(5) of the 1989 Act (persons entitled to apply for special guardianship order), after paragraph (d) insert “;

(e) a relative with whom the child has lived for a period of at least one year immediately preceding the application.”