Part 2

Amendments of the Children Act 1989

Residence orders: extension to age of 18
114
1
In section 12 of the 1989 Act (residence orders and parental responsibility), after subsection (4) there is inserted—
5
The power of a court to make a residence order in favour of any person who is not the parent or guardian of the child concerned includes power to direct, at the request of that person, that the order continue in force until the child reaches the age of eighteen (unless the order is brought to an end earlier); and any power to vary a residence order is exercisable accordingly.
6
Where a residence order includes such a direction, an application to vary or discharge the order may only be made, if apart from this subsection the leave of the court is not required, with such leave
.
2
In section 9 of that Act (restrictions on making section 8 orders), at the beginning of subsection (6) there is inserted “Subject to section 12(5)”.
3
In section 91 of that Act (effect and duration of orders), in subsection (10), after “9(6)” there is inserted “or 12(5)”.