Part II Orders With Respect To Children In Family Proceedings
General
I19 Restrictions on making section 8 orders.
1
No court shall make any section 8 order, other than a residence order, with respect to a child who is in the care of a local authority.
2
No application may be made by a local authority for a residence order or contact order and no court shall make such an order in favour of a local authority.
3
A person who is, or was at any time within the last six months, a local authority foster parent of a child may not apply for leave to apply for a section 8 order with respect to the child unless—
a
he has the consent of the authority;
b
he is a relative of the child; or
c
the child has lived with him for at least three years preceding the application.
4
The period of three years mentioned in subsection (3)(c) need not be continuous but must have begun not more than five years before the making of the application.
5
No court shall exercise its powers to make a specific issue order or prohibited steps order—
a
with a view to achieving a result which could be achieved by making a residence or contact order; or
b
in any way which is denied to the High Court (by section 100(2)) in the exercise of its inherent jurisdiction with respect to children.
6
No court shall make any section 8 order which is to have effect for a period which will end after the child has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.
7
No court shall make any section 8 order, other than one varying or discharging such an order, with respect to a child who has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.