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A review of the developing law on residence, contact, prohibited steps and specific issue orders under section 8 of the Children Act 1989

A review of the developing law on residence, contact, prohibited steps and specific issue orders... This article reviews the development over the last 20 years of the section 8 powers under the Children Act 1989. In particular, it examines residence, especially shared residence, contact, prohibited steps and specific issue orders. In respect of each order, the review compares the current position with what was originally intended and more generally anticipated. The article concludes that whereas prohibited steps and specific issue orders have broadly worked as expected and intended, residence orders and contact have not. Residence orders have been used to allocate parental responsibility, which was not intended, and shared care arrangements have become much more common than anticipated. Contrary to expectation, contact disputes have proved to be exceptionally problematic and there have been consequential reforms to deal with issues. Despite these developments the overall conclusion is that the section 8 orders have generally stood the test of time and should not be regarded as being beyond their ‘sell‐by’ date. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Children's Services Emerald Publishing

A review of the developing law on residence, contact, prohibited steps and specific issue orders under section 8 of the Children Act 1989

Journal of Children's Services , Volume 5 (2): 13 – Jun 30, 2010

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Publisher
Emerald Publishing
Copyright
Copyright © 2010 Emerald Group Publishing Limited. All rights reserved.
ISSN
1746-6660
DOI
10.5042/jcs.2010.0300
Publisher site
See Article on Publisher Site

Abstract

This article reviews the development over the last 20 years of the section 8 powers under the Children Act 1989. In particular, it examines residence, especially shared residence, contact, prohibited steps and specific issue orders. In respect of each order, the review compares the current position with what was originally intended and more generally anticipated. The article concludes that whereas prohibited steps and specific issue orders have broadly worked as expected and intended, residence orders and contact have not. Residence orders have been used to allocate parental responsibility, which was not intended, and shared care arrangements have become much more common than anticipated. Contrary to expectation, contact disputes have proved to be exceptionally problematic and there have been consequential reforms to deal with issues. Despite these developments the overall conclusion is that the section 8 orders have generally stood the test of time and should not be regarded as being beyond their ‘sell‐by’ date.

Journal

Journal of Children's ServicesEmerald Publishing

Published: Jun 30, 2010

Keywords: Residence; Shared residence; Contact; Specific issue; Prohibited steps

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