Separating from a partner is hard enough. When children are involved, the questions multiply fast. Where will they live? How often will they see each parent? What happens if you can’t agree? For many families in England and Wales, the answer involves understanding section 8 orders and the rights they carry under UK law.

This guide walks you through the process clearly, from what these orders are to how the family court makes its decisions.

What Is a Section 8 Order Under the Children Act 1989?

A section 8 order is a court order made under the Children Act 1989. It gives the family court the power to decide arrangements for a child when parents or carers cannot agree.

The Three Types of Section 8 Orders Explained

There are three main types:

• Child arrangements orders, which set out where a child lives and who they spend time with
• Prohibited steps orders, which stop a parent from taking certain actions without court approval
• Specific issue orders, which resolve a single dispute about a child’s upbringing

How Section 8 Orders Changed the Language of Family Law

Before 2014, courts used terms like “residence” and “contact.” The Children and Families Act 2014 replaced these with child arrangements orders, shifting the focus away from parental rights and towards the child’s day-to-day life.

What Is a Child Arrangements Order and What Does It Cover?

A child arrangements order is an order made by the family court that sets out the practical details of a child’s life after separation. It can cover where the child lives, who they spend time with, and how contact happens.

Where the Child Is to Live: “Live With” Orders

The “child is to live” part of an order names the person or people the child will live with. In some cases, a shared arrangement is made, meaning the child lives with both parents at different times.

Who the Child Spends Time With: “Spend Time or Otherwise Have Contact” Orders

The “spend time or otherwise” section covers visits, phone calls, video calls, and letters. It can also set out arrangements for holidays and special occasions. Courts use the phrase “otherwise have contact” to cover indirect contact, such as cards or messages.

The Difference Between a Live With and Spend Time Order

A “live with” order sets the main base for the child. A “spend time” order sets how and when the child sees the other parent. Both can sit within a single child arrangement order, and both carry legal weight.

Who Can Apply for a Child Arrangements Order?

Not everyone has an automatic right to apply. The law sets out who can go straight to court and who needs to ask first.

Parents and Those with Parental Responsibility for the Child

Any parent named on the birth certificate, or anyone with parental responsibility for the child, can apply without needing the court’s permission. This includes those who have adopted the child.

When You Need Permission from the Court to Apply

Some people must get permission from the court before they can apply. This includes step-parents without parental responsibility, grandparents, and other relatives. The court will look at the nature of the relationship before deciding whether to grant permission.

Can a Person with Whom the Child Has Lived Apply?

Yes. A person with whom the child has lived for at least three years can also apply without permission. This recognises the importance of established care relationships, even where no formal legal tie exists.

What Is a Prohibited Steps Order?

A prohibited steps order prevents a parent from taking a specific action regarding the child without first obtaining the court’s permission.

When Prohibited Steps Orders Are Used in Family Proceedings

These orders arise in family proceedings where one parent is concerned that the other might act unilaterally. Common triggers include concerns about a parent removing the child from school or taking them abroad without consent.

Examples of What a Prohibited Steps Order Can Restrict

• Taking the child out of England and Wales
• Changing the child’s school without agreement
• Changing the child’s surname
• Exposing the child to a specific person

What Is a Specific Issue Order?

A specific issue order resolves one particular question about a child’s life when parents disagree and cannot reach an agreement between themselves.

How a Specific Issue Order Differs from Other Section 8 Orders

Unlike a child arrangement order, a specific issue order doesn’t govern day-to-day living arrangements. It deals with a single point, such as which school the child attends or whether they receive a particular medical treatment.

Common Situations Where a Specific Issue Order Is Needed

• Disagreements about education or school choice
• Disputes over medical treatment or vaccinations
• Decisions about religious upbringing
• Whether a child can travel abroad for an extended period

Can I Apply for a Section 8 Child Arrangement Order Without a Lawyer?

You can apply for a child arrangements order without legal representation. Many people do. That said, the process has steps you need to follow carefully.

What You Need to Know Before You Apply

You’ll need to show the court you’ve attended a Mediation Information and Assessment Meeting (MIAM) before filing, unless an exemption applies. You’ll also need to be clear about what you’re asking the court to decide.

The C100 Form: How to Apply for a Child Arrangements Order

The C100 form is the official document used to apply. You can get it from the UK government. It asks for details about the child, the parties involved, and what order you’re seeking. Fill it in carefully, as errors can delay your case.

Court Fees and How to Get Help Paying Them

The current application fee is £232. If you’re on a low income, you may qualify for a fee remission. Check your eligibility with the UK government before you apply.

Before You Can Apply: Mediation and Non-Court Dispute Resolution

Since April 2024, courts have placed even greater emphasis on families trying to resolve disputes outside court first.

Why the Family Court Requires a MIAM First

An MIAM is a short meeting with a qualified mediator. It’s not mediation itself. It’s an opportunity to hear about your options. Most applicants must attend one before the court will accept their C100 form.

When Mediation May Not Be Appropriate

There are exemptions. If there’s a history of domestic abuse, safeguarding concerns, or urgency, you may be able to apply without a MIAM. A mediator or solicitor can advise you on whether an exemption applies to your situation.

How Family Law Mediation Can Help You Avoid Court

Mediation gives both parties a space to talk through arrangements with a neutral professional. It’s often faster, less expensive, and less distressing than going to court, particularly for children who are aware of the conflict around them.

What Does the Family Court Consider When Making a Section 8 Order?

The court’s starting point is always the child’s welfare. This is set out clearly in the Children Act 1989 and is known as the welfare principle.

The Welfare Checklist Under the Children Act 1989

The court works through a checklist that includes:

• The child’s physical, emotional, and educational needs
• The likely effect of any change in circumstances
• The child’s age, background, and characteristics
• Any harm the child has suffered or is at risk of suffering
• The capability of each parent to meet the child’s needs

The Wishes and Feelings of the Child

The child’s feelings are taken seriously, though they are not the only factor. Older children’s views carry more weight. A CAFCASS officer may speak to the child and report their views to the court.

The “No Order Presumption”: When the Court Will Not Intervene

The court will only make an order if it’s better for the child than making no order at all. This is known as the “no order presumption.” It encourages parents to agree arrangements without court intervention wherever possible.

What Happens Once You Apply for a Child Arrangements Order?

Once the court receives your C100, the process moves through several stages.

The Role of CAFCASS in Family Proceedings

CAFCASS (Children and Family Court Advisory and Support Service) is involved in most cases. A CAFCASS officer will carry out safeguarding checks and may prepare a report for the court on what arrangement would best serve the child.

The First Hearing Dispute Resolution Appointment (FHDRA)

The FHDRA is usually the first hearing. Both parties attend. The court will look at whether an agreement is possible and what further steps are needed. A CAFCASS officer is usually present.

The Dispute Resolution Appointment and Final Hearing

If the case isn’t resolved at the FHDRA, it moves to a Dispute Resolution Appointment and, if necessary, a final hearing. At the final hearing, a judge hears evidence and makes a decision.

How Can Family Law Mediation Support Your Section 8 Application?

Many families resolve their disputes without ever reaching a final hearing. Mediation plays a big part in that.

Reaching a Consent Order Without Going to Court

If you and the other parent agree on arrangements through mediation, those terms can be put into a consent order and approved by the court. This gives your agreement legal standing without the stress of a contested hearing.

Why Mediated Agreements Often Work Better for Children

Children do better when their parents communicate well. Agreements reached through mediation tend to be more flexible and more respected by both parties, because both had a hand in shaping them.

How Family Law Mediation Can Help You

At Family Law Mediation, we work with families in Derby, Coventry, Birmingham, Leicester, Tamworth, and Nottingham. We understand how much is at stake when children’s lives are being decided, and we’re here to help you find a way forward that works for your family. If you want to explore your options before going to court, find out more about working with us at Family Law Meditation. To speak with our team directly, call 07920 025 813, and we’ll help you take the next step.