Children Act 1989, section 8

Child arrangements orders and other orders with respect to children

Part II Orders With Respect To Children In Family Proceedings

(1)In this Act —

  • [F34 "child arrangements order " means an order regulating arrangements relating to any of the following—

    (a)

    with whom a child is to live, spend time or otherwise have contact, and

    (b)

    when a child is to live, spend time or otherwise have contact with any person;F34]

  • F35 ...

  • “a prohibited steps order” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court;

  • F35 ...

  • “a specific issue order” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.

(2) In this Act “a section 8 order” means any of the orders mentioned in subsection (1) and any order varying or discharging such an order.

(3) For the purposes of this Act “family proceedings” means any proceedings—

(a)under the inherent jurisdiction of the High Court in relation to children; and

(b)under the enactments mentioned in subsection (4),

but does not include proceedings on an application for leave under section 100(3).

(4)The enactments are—

(a)Parts I, II and IV of this Act;

(b)M3the Matrimonial Causes Act 1973;

[F36 (ba)Schedule 5 to the Civil Partnership Act 2004;F36]

[F37 (c) the M4 Domestic Violence and Matrimonial Proceedings Act 1976;

(d)the Adoption and Children Act 2002;F37]

(e)M5the Domestic Proceedings and Magistrates’ Courts Act 1978;

[F38 (ea)Schedule 6 to the Civil Partnership Act 2004;F38]

[F37 (f) sections 1 and 9 of the M6 Matrimonial Homes Act 1983;F37]

(g)M7Part III of the Matrimonial and Family Proceedings Act 1984;

[F39 (h)the Family Law Act 1996F39] ;

[F40 (i)sections 11 and 12 of the Crime and Disorder Act 1998F40] ;

[F41 (j)Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003 (other than paragraph 3 of that Schedule).F41]

[F42 (k)Part 3 of the Domestic Abuse Act 2021, where the proceedings are in the family court or the Family Division of the High Court.F42]

Definitions used in section 8 5

the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act
parental responsibility

“parental responsibility” has the meaning given in section 3;

Defined in s.105(1) · see it in the full Act

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Defined in s.3(1) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act

Cases considering section 8 361

In the matter of NY (A Child)

[2019] UKSC 49 · 30 October 2019Defines

The creation of section 8 orders did not exclude equivalent relief under the inherent jurisdiction. Parliament enacted no prohibition comparable to the express restriction in section 100(2)(a) (see paras [32]; [40]-[44]). The provision's definition of a specific issue order encompasses an order directing a child's return to a foreign state. Such an order may be made summarily or following a full merits inquiry (see para [27]).

In the matter of B (A child)

[2016] UKSC 4 · 3 February 2016

The appellant sought leave to apply for child-arrangements relief under this provision. Because B remained habitually resident in England when the application began, the court had jurisdiction to determine it. (see paras [29]; [51])

In the matter of A (Children) (AP)

[2013] UKSC 60 · 9 September 2013Defines

The Court considered whether the return direction was a section 8 specific issue order. Although such an order could have been made, the order actually made invoked the inherent jurisdiction and wardship (see paras [25]-[28]). The definition of a specific issue order could encompass a direction determining where a child should be brought. It did not alter the express legal basis of the order made (see paras [25]-[26]). Proceedings under the High Court’s inherent jurisdiction are family proceedings for the purpose of making section 8 orders. That availability did not convert the wardship order into a Children Act order (see para [26]).

341 more judgments, and what each says about section 8, are in the case-law panel in the full Act.

Amendments and notes

16 notes from legislation.gov.uk

Amendments

  1. F33Words in s. 8 heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 3; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  2. F34Words in s. 8(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 12(3), 139(6); S.I. 2014/889, art. 4(b) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  3. F35Words in s. 8(1) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 12(2), 139(6); S.I. 2014/889, art. 4(b) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  4. F36S. 8(4)(ba) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 26(1), Sch. 27 para. 129(2); S.I. 2005/3175, art. 2(2)
  5. F37S. 8(4)(c) and (f) repealed (1.10.1997) by 1996 c. 27, ss. 66(1)(3), Sch. 8 Pt. III para. 60(1), Sch. 10 (with Sch. 9 para. 5); S.I. 1997/1892, art. 3(1)(b)
  6. F38S. 8(4)(ea) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 26(1), Sch. 27 para. 129(3); S.I. 2005/3175, art. 2(2)
  7. F39S. 8(4)(h) inserted (1.10.1997) by 1996 c. 27, ss. 66(1), Sch. 8 Pt. III para. 60(1); S.I. 1997/1892, art. 3(a)
  8. F40S. 8(4)(i) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 68; S.I. 1998/2327, art. 2(1)(y)(2)(u) (subject to arts. 5-8)
  9. F41S. 8(4)(j) inserted (15.3.2019) by Children Act 1989 (Amendment) (Female Genital Mutilation) Act 2019 (c. 10), ss. 1(2), 2(2)
  10. F42S. 8(4)(k) inserted (27.11.2024 until the end of the specified period on 24.11.2026 for E.W. in relation to specified areas, 5.3.2025 until the end of the specified period on 26.11.2025 in relation to the specified area, 11.3.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas, 28.4.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas) by Domestic Abuse Act 2021 (c. 17), ss. 52(1), 90(6); S.I. 2024/1191, regs. 1(2)(g), 2, 3(1) (with reg. 4); S.I. 2025/261, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/319, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/515, regs. 1(3)(e)(f), 2 (with reg. 3) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 2, 3, 4 and (25.3.2026) by S.I. 2026/342, regs. 1(2), 2, 3, 4)

Commencement

  1. I8S. 8 wholly in force at the 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal citations

  1. M31973 c. 18.
  2. M41976 c. 50.
  3. M51978 c. 22.
  4. M61983 c. 19.
  5. M71984 c. 42.