Private Law Orders

There are a number of orders that the court can make in respect of children. They are:

  • Special Guardianship Order – a Special Guardianship Order defines not only whom a child should live with but who should be the main carer for a child and be able to exercise “super parental responsibility”. It secures a child’s legal permanence with its carers whilst enabling the carer to make the overall decisions in respect to the child’s welfare.
  • Section 8 orders relate to regulating arrangements in respect of with whom a child may live with and or spend time with. There are three different types of section 8 orders under the Children’s Act 1989 that may be available depending on your situation, these are:
    • Child arrangements orders (CAO) – which enables the courts to make decisions on when and with whom a child will live, spend time or otherwise have contact with.
      • Child Arrangement Order replaces the old terminology of “contact” and “residence” with Child Arrangement Order, (spend time with) or Child Arrangement Order (live with). You may have heard other terminology used such as “access” and “custody”, these are in effect the same thing.
    • Prohibited steps orders (PSO) – where the court is able to restrict certain actions from being taken by a person with parental responsibility in respect of a child by failing to gain permission from the courts first.
    • Specific issue order (SIO) – which allows the court to issue an order in relation to a specific matter / decision in respect of a child.