Children Act 1989
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Welfare of the child.
Welfare of the child. 1 1 When a court determines any question with respect to— a the upbringing of a child; or b the administration of a child’s property or the application of any income arising…
Section 2 — Parental responsibility for children.
Parental responsibility for children. 2 1 Where a child’s father and mother were married to , or civil partners of, each other at the time of his birth, they shall each have parental responsibility…
Section 2A
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Section 3 — Meaning of “parental responsibility”.
Meaning of “parental responsibility”. 3 1 In this Act “ parental responsibility ” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation…
Section 4 — Acquisition of parental responsibility by father.
Acquisition of parental responsibility by father. 4 1 Where a child’s father and mother were not married to , or civil partners of, each other at the time of his birth , the father shall acquire…
Section 4A — Acquisition of parental responsibility by step-parent
Acquisition of parental responsibility by step-parent 4A 1 Where a child’s parent (“ parent A ”) who has parental responsibility for the child is married to , or a civil partner of, a person who is…
Section 4ZA — Acquisition of parental responsibility by second female parent
Acquisition of parental responsibility by second female parent 4ZA 1 Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom…
Section 5 — Appointment of guardians.
Appointment of guardians. 5 1 Where an application with respect to a child is made to the court by any individual, the court may by order appoint that individual to be the child’s guardian if— a the…
Section 5A
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Section 6 — Guardians: revocation and disclaimer.
Guardians: revocation and disclaimer. 6 1 An appointment under section 5(3) or (4) revokes an earlier such appointment (including one made in an unrevoked will or codicil) made by the same person in…
Section 7 — Welfare reports.
Welfare reports. 7 1 A court considering any question with respect to a child under this Act may— a ask an officer of the Service or a Welsh family proceedings officer ; or b ask a local authority to…
Section 8 — Child arrangements orders and other orders with respect to children.
Child arrangements orders and other orders with respect to children. 8 1 In this Act — "child arrangements order " means an order regulating arrangements relating to any of the following— with whom a…
Section 9 — Restrictions on making section 8 orders.
Restrictions on making section 8 orders. 9 1 No court shall make any section 8 order, other than a child arrangements order to which subsection (6B) applies , with respect to a child who is in the…
Section 10 — Power of court to make section 8 orders.
Power of court to make section 8 orders. 10 1 In any family proceedings in which a question arises with respect to the welfare of any child, the court may make a section 8 order with respect to the…
Section 11 — General principles and supplementary provisions.
General principles and supplementary provisions. 11 1 In proceedings in which any question of making a section 8 order, or any other question with respect to such an order, arises, the court shall…
Section 11A — ... Activity directions
... Activity directions 11A 1 Subsection (2) applies in proceedings in which the court is considering whether to make provision about one or more of the matters mentioned in subsection (1A) by…
Section 11B — ... Activity directions: further provision
... Activity directions: further provision 11B 1 A court may not make an activity direction under section 11A(2) in connection with any matter mentioned in section 11A(1A) unless there is a dispute…
Section 11C — ... Activity conditions
... Activity conditions 11C 1 This section applies if in any family proceedings the court makes— a a child arrangements order containing— i provision for a child to live with different persons at…
Section 11D — ... Activity conditions: further provision
... Activity conditions: further provision 11D 1 A child arrangements order may not impose an activity condition on an individual who is a child unless the individual is a parent of the child…
Section 11E — ...Activity directions and conditions: making
...Activity directions and conditions: making 11E 1 Before making an activity direction (or imposing an activity condition by means of a child arrangements order ), the court must satisfy itself as…
Section 11F — ... Activity directions and conditions: financial assistance
... Activity directions and conditions: financial assistance 11F 1 The Secretary of State may by regulations make provision authorising him to make payments to assist individuals falling within…
Section 11G — ... Activity directions and conditions: monitoring
... Activity directions and conditions: monitoring 11G 1 This section applies if in any family proceedings the court— a makes an activity direction in relation to an individual, or b makes a child…
Section 11H — Monitoring contact and shared residence
Monitoring contact and shared residence 11H 1 This section applies if in any family proceedings the court makes— a a child arrangements order containing provision of a kind mentioned in section…
Section 11I — Child arrangements orders: warning notices
Child arrangements orders: warning notices 11I Where the court makes (or varies) a child arrangements order, it is to attach to the child arrangements order (or the order varying the contact order) a…
Section 11J — Enforcement orders
Enforcement orders 11J 1 This section applies if a child arrangements with respect to a child has been made. 2 If the court is satisfied beyond reasonable doubt that a person has failed to comply…
Section 11K — Enforcement orders: further provision
Enforcement orders: further provision 11K 1 A court may not make an enforcement order against a person in respect of a failure to comply with a provision of a child arrangements order unless it is…
Section 11L — Enforcement orders: making
Enforcement orders: making 11L 1 Before making an enforcement order as regards a person in breach of a provision of a child arrangements order, the court must be satisfied that— a making the…
Section 11M — Enforcement orders: monitoring
Enforcement orders: monitoring 11M 1 On making an enforcement order in relation to a person, the court is to ask an officer of the Service or a Welsh family proceedings officer— a to monitor, or…
Section 11N — Enforcement orders: warning notices
Enforcement orders: warning notices 11N Where the court makes an enforcement order, it is to attach to the order a notice warning of the consequences of failing to comply with the order.
Section 11O — Compensation for financial loss
Compensation for financial loss 11O 1 This section applies if a child arrangements order with respect to a child has been made. 2 If the court is satisfied that— a an individual has failed to comply…
Section 11P — Orders under section 11O(2): further provision
Orders under section 11O(2): further provision 11P 1 A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a…
Section 12 — Child arrangements orders and parental responsibility.
Child arrangements orders and parental responsibility. 12 1 Where— a the court makes a child arrangements order with respect to a child, b the father of the child, or a woman who is a parent of the…
Section 13 — Change of child’s name or removal from jurisdiction.
Change of child’s name or removal from jurisdiction. 13 1 Where a child arrangements order to which subsection (4) applies is in force with respect to a child, no person may— a cause the child to be…
Section 14 — Enforcement of residence orders.
Enforcement of residence orders. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 14A — Special guardianship orders
Special guardianship orders 14A 1 A “ special guardianship order ” is an order appointing one or more individuals to be a child’s “ special guardian ” (or special guardians). 2 A special guardian— a…
Section 14B — Special guardianship orders: making
Special guardianship orders: making 14B 1 Before making a special guardianship order, the court must consider whether, if the order were made— a a child arrangements order containing contact…
Section 14C — Special guardianship orders: effect
Special guardianship orders: effect 14C 1 The effect of a special guardianship order is that while the order remains in force— a a special guardian appointed by the order has parental responsibility…
Section 14D — Special guardianship orders: variation and discharge
Special guardianship orders: variation and discharge 14D 1 The court may vary or discharge a special guardianship order on the application of— a the special guardian (or any of them, if there are…
Section 14E — Special guardianship orders: supplementary
Special guardianship orders: supplementary 14E 1 In proceedings in which any question of making, varying or discharging a special guardianship order arises, the court shall (in the light of any…
Section 14F — Special guardianship support services
Special guardianship support services 14F 1 Each local authority must make arrangements for the provision within their area of special guardianship support services, which means— a counselling,…
Section 14G — Special guardianship support services: representations
Special guardianship support services: representations 14G 1 Every local authority shall establish a procedure for considering representations (including complaints) made to them by any person to…
Section 15 — Orders for financial relief with respect to children.
Orders for financial relief with respect to children. 15 1 Schedule 1 (which consists primarily of the re-enactment, with consequential amendments and minor modifications, of provisions of section 6…
Section 16 — Family assistance orders.
Family assistance orders. 16 1 Where, in any family proceedings, the court has power to make an order under this Part with respect to any child, it may (whether or not it makes such an order) make an…
Section 16A — Risk assessments
Risk assessments 16A 1 This section applies to the following functions of officers of the Service or Welsh family proceedings officers— a any function in connection with family proceedings in which…
Section 16B — Application to local authorities in England
Application to local authorities in England 16B 1 This Part applies in relation to local authorities in England. 2 Accordingly, unless the contrary intention appears, a reference in this Part to a…
Section 17 — Provision of services for children in need, their families and others.
Provision of services for children in need, their families and others. 17 1 It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)— a to…
Section 17A — Direct payments
Direct payments 17A 1 The Secretary of State may by regulations make provision for and in connection with requiring or authorising the responsible authority in the case of a person of a prescribed…
Section 17ZA — Young carers' needs assessments ...
Young carers' needs assessments ... 17ZA 1 A local authority ... must assess whether a young carer within their area has needs for support and, if so, what those needs are, if— a it appears to the…
Section 17B — Vouchers for persons with parental responsibility for disabled children : Wales .
Vouchers for persons with parental responsibility for disabled children : Wales . 17B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 17ZB — Young carers' needs assessments: supplementary
Young carers' needs assessments: supplementary 17ZB 1 This section applies for the purposes of section 17ZA. 2 “ Parent ”, in relation to a young carer, includes— a a parent of the young carer who…