PART IIIORDERS WITH RESPECT TO CHILDREN IN FAMILY PROCEEDINGS

General

Restrictions on making Article 8 orders9

1

No court shall make any Article 8 order, other than a residence order, with respect to a child who is in the care of an authority.

2

No application may be made by an authority for a residence order or contact order and no court shall make such an order in favour of an authority.

3

A person who is, or was at any time within the last six months, an authority foster parent of a child may not apply for leave to apply for an Article 8 order with respect to the child unless—

a

he has the consent of the authority;

b

he is a relative of the child; or

c

the child has lived with him for at least three years preceding the application.

4

The period of three years mentioned in paragraph (3)(c) need not be continuous but must have begun not more than five years before the making of the application.

5

No court shall exercise its powers to make a specific issue order or prohibited steps order—

a

with a view to achieving a result which could be achieved by making a residence or contact order; or

b

in any way which is denied to the High Court (by Article 173(1)) in the exercise of its inherent jurisdiction with respect to children.

6

No court shall make any Article 8 order which is to have effect for a period which will end after the child has reached the age of 16 unless it is satisfied that the circumstances of the case are exceptional.

7

No court shall make any Article 8 order, other than one varying or discharging such an order, with respect to a child who has reached the age of 16 unless it is satisfied that the circumstances of the case are exceptional.