Key Facts and Must-Know Information About the Children Act 1989

Background to the Children Act 1989

On the breakdown of a relationship, including divorce, the courts will not be asked to make orders concerning the children unless the parties are unable to agree on where the children should live and when the other parent should see them.

However, if an application is made to court in relation to the upbringing of a child, the court’s paramount consideration is the welfare of the child, and this theme underpins the whole of the Children Act 1989. The purpose of the Act was to simplify the law relating to children, to make it more consistent and flexible, and to make the law more appropriate to the needs of children by making it more child-focused. Find out more about our children law services.

Section 8 Orders – Child Arrangements Orders

Terms such as ‘residence’ and ‘contact’ orders are no longer in use. Instead we talk about ‘child arrangements orders’. There is a presumption that the involvement of both parents in a child’s life will enhance the child’s welfare. There is also a presumption that the court will not intervene and make an order unless it can be shown that there is a positive need and benefit to the child in doing so – this is known as the ‘No Order’ Presumption.

When a court is deciding whether to make an order, it will consider the following:

1. the ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
2. his physical, emotional and educational needs;
3. the likely effect on him of any change in his circumstances;
4. his age, sex, background and any characteristics of his which the court considers relevant;
5. any harm which he has suffered or is at risk of suffering;
6. how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
7. the range of powers available to the court under the Act in the proceedings in question.

A Child Arrangements Order will last until a child reaches the age of 16.

A Shift from Parental Rights to Parental Responsibility

The Children Act 1989 also introduced the concept of parental responsibility which was a shift from the idea that parents have ‘rights’ over their child to the concept that they have ‘responsibilities’ to their child. Effectively it gives parents the responsibility for making all the important decisions in a child’s life, for example education and medical care, and for day-to-day decisions about things like nutrition and recreation.

The Act sets out the ways in which parental responsibility can be established. Married parents will automatically both have parental responsibility. If the parents are not married, only the mother has automatic parental responsibility. Unmarried fathers can acquire parental responsibility in one of the following ways:

1. by being registered as the father on the child’s birth certificate with the consent of the mother (since 1 December 2003);
2. by entering into a ‘parental responsibility agreement’ with the mother (this must be on a prescribed printed form);
3. by applying to the court for a parental responsibility order;
4. by being appointed a guardian, either by the mother or by the court, although in these cases he will assume parental responsibility only on the mother’s death;
5. by obtaining a child arrangements order from the court;
6. by marrying the mother.

If you have any concerns or queries regarding parental responsibility or making suitable arrangements for your children, the family law solicitors at Dean Wilson are well-equipped to assist you.

To contact the Family Team at Dean Wilson LLP call 01273 249221, or email lr@deanwilson.co.uk