Part 4Orders under Part 2 of the 1989 Act

Residence orders

36Entitlement 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.

37Duration 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

38Entitlement 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.