Applying for Child Arrangements When You Are Not a Parent

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A parent, whether or not they have parental responsibility, can apply for a child arrangements order, specific issues order and/or prohibited steps order.

It’s different for everyone else.

There are other people who can apply for either a live-with order or a spend-time-with order, or both.
Everyone else can only apply if they have a judge’s permission.

Here’s a table Professor Polly has adapted from wrote for her textbook on family law that says who can apply:

Any s8 order	Any parent, guardian, or special guardian of the child. Any person with parental responsibility by virtue of s4A (step-parents). Any person with a live-with order.
A child arrangements order only	All of the above, plus Any party to a marriage or civil partnership (even if no longer in existence) in relation to whom the child is a child of the family - that is someone they helped raise. Any person with whom the child has lived for at least three of the last five years. This period does not need to have been continuous, but must not have ended more than three months ago. If there is a ‘live with order’ already, any person who has the consent of the persons named in that order as the person(s) with whom the child lives. Where there is a care order, any person who has the consent of the local authority. In any case (other than where there is a live with order or a care order), anyone who has the consent of all of those who have parental responsibility. Anyone with parental responsibility under s12(2A) (parental responsibility given to someone with whom the child spends time but who is not a parent).
A child arrangements: ‘live with’ order only	All of the above, plus A local authority foster parent with whom the child has lived for at least one year immediately preceding the application. A grandparent, brother, sister, uncle, aunt (including in-laws and of the half-blood) or step-parent with whom the child has lived for at least one year immediately preceding the application.
Variation or discharge of a s8 order only	All of the above, plus Anyone who was the applicant in the order that they are trying to vary or discharge. Anyone named in an order as a person with whom the child was to spend time or otherwise have contact.
Requires leave of the court to make any s8 application at all	Everyone else. This includes the child himself. Note, however, that where a foster carer has fostered the child within the last six months, they are further restricted.

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When you need the court’s permission to apply

If you are in this category you can find out more information in Government guidance CB1 – Making an application

We have a guide to grandparents’ applications. Grandparents will almost always need the judge’s permission.

Read form all the guidance about this on our page on making an application.

On the C100 you need to tick the box to say you need ‘leave’ (permission). A judge will read your form and decide whether or not you can bring the case, based on:

What order you are asking for
Your connection with the child
Any risk that your application would disrupt the child’s life to such an extent that the child would be harmed by it
Whether your application has some realistic prospect of success.

We’ve taken this information from s10(9) Children Act 1989 and the case Re F and R (Section 8 Order: Grandparents’ Application) [1995] 1 FLR 524.

The judge might decide this on paper or you have a hearing about it.

Different rules apply if there is a section 91(14) order against the person applying for leave. On our page on s91(14) orders we discuss how to get permission to apply in that situation.

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