Graphic version of this page

Applying for Section 8 orders

An application for a Section 8 order is made by filling in the relevant form and asking the court to start proceedings. You can get help with this from Her Majesty's Courts Service website.

Usually, the first step is to inform the other parent and anyone who is looking after the child so that they can take part in any hearing.  But in an emergency the court can hear a case without giving notice and make orders for the child's immediate care. Children may be made parties to these proceedings but this does not happen routinely.

Under the Private Law Programme there can be 4 stages to these proceedings, application, first appointment  finding of fact hearing and final hearing:

  • Application - Currently in most parts of the country, there is no active screening for domestic violence or other matters which could put a child at risk when an application is made for a section 8 order. However, the parties can tell the court about concerns they have this by completing for C1A, known as the the Gateway Form. In some cases, the court may also obtain information from other agencies such as the local authority or the police.
  • First Appointment - Where the court is satisfied that domestic violence is not an issue, the parties will be encouraged to explore the possibility of agreeing arrangements about their children.  A meeting may be arranged with a CAFCASS officer who can help them reach agreement or they  may be referred to a mediation service. If the parties reach agreement, the court can make orders by consent if this is in the child's best interests. If the parties do not agree, the court will give directions about the case, particularly obtaining evidence and reports and the timetable for the proceedings. It may order CAFCASS to provide a report. Any report will be prepared by a CAFCASS officer who has not been involved in the case. The court can also direct other assessments to be carried out and allow the parties to obtain expert evidence.
  • Finding of fact hearing - Where one party alleges that there has been violence or raises other concerns the court may hold a 'finding of fact' hearing to decide if the allegations are proved, and how they affect the issues the court has to decide. The court considers the evidence presented by the parties and any witnesses, together with reports from CAFCASS, the local authority etc
  • Final Hearing - At the Final Hearing, the court considers what decisions need to be made in the light of any findings of fact, reports on the child's welfare and any other evidence.  The court makes the orders it decides are necessary for the child's welfare.

Enforcement of court orders about children

The court has powers to enforce the orders it has made concerning children. By making an order about contact, the court has already decided that having contact is in the child's best interests. The Court can attach a 'penal notice' to an order to secure the attendance of a party at a hearing or their compliance with a Section 8 order. Breach of an Order can lead to contempt proceedings and the defaulting party can ultimately be fined or imprisoned. Occasionally, where the parent with care repeatedly refuses to comply with a contact order, the court has decided that the child should live with the other parent. However, it may not be in the child's interests for orders to be enforced.