This chapter considers the courts’ powers under Part II of the Children Act 1989 to resolve family disputes concerning the upbringing of children. These disputes, commonly labelled ‘private law disputes’, are normally between the parents following divorce or separation but can involve other family members. It first discusses the original scheme of Part II; changes made by the Children and Adoption Act 2006; and changes made by the Children and Families Act 2014. It then considers section 8 orders; family assistance orders; and section 37 directions.
Chapter
16. Private Law Proceedings Concerning Children
N V Lowe, G Douglas, E Hitchings, and R Taylor
Chapter
11. Private Disputes over Children
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which examines the current legal framework for resolving private law disputes over children, first considers procedural issues germane to all private law disputes, including the extent to which children are able to participate in these proceedings. It then turns to the three main private law orders available under the Children Act 1989—child arrangements orders, specific issue orders, and prohibited steps orders—including detailed discussion of the law’s approach to contact applications in cases of domestic abuse allegations, and specific areas such as relocation disputes.
