A review of the developing law on residence, contact, prohibited steps and specific issue orders under section 8 of the Children Act 1989
| Date | 30 June 2010 |
| DOI | https://doi.org/10.5042/jcs.2010.0300 |
| Pages | 39-51 |
| Published date | 30 June 2010 |
| Author | Nigel Lowe |
| Subject Matter | Education,Health & social care,Sociology |
Journal of Children’s Ser vices • V olume 5 Issue 2 • June 2010 © Pier Professional Lt d 39
10.5042/jcs.2010.0300
Abstract
This article reviews the development over the last 20 years of the section 8 powers under the
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.
Key words
residence; shared residence; contact; specific issue; prohibited steps
and ends with an assessment of how far the
developments are in line with those expectations.
However, the article begins with some personal
reflections on the events leading to the Children
Act and its immediate aftermath and then provides
some background to Part II of the Act.
Looking back 20 years ago I well recall the
collective energy and expertise that had been put
Introduction
The object of this article is to examine the
developing law and practice over the last two
decades with respect to the 1989 Children Act’s
four section 8 powers, namely, to make residence
orders, contact orders and prohibited steps and
specific issue orders. In each case, discussion
begins with what was originally contemplated
A review of the developing
law on residence, contact,
prohibited steps and specific
Nigel Lowe
Cardiff Law School, Cardiff University, UK
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