Making a Court Application for a Child – Who Can Apply and How Much It Costs.
1. Who can apply to the court for an order for a child/children?
Certain people are automatically entitled to make an application for an order under Section 8 of the Children Act 1989 without having to seek permission from the court first. They are:
· the parent, guardian or special guardian of a child;
· any person who has parental responsibility; and
· any person who is named in a child arrangements order that is in force as a person with whom the child is to live and who holds a residence order in respect of the child.
The following persons are also entitled to apply to the court for a child arrangements order:
· any party to a marriage or civil partnership where the child is a child of the family;
· anyone with whom the child has lived for at least three years; and;
· anyone who has obtained the consent of: the local authority if the child is in their care; or everyone who has parental responsibility for the child; or any person named in an existing child arrangements order as a person with whom the child is to live
2. What if I am not one of the persons above? Can I make an application to the court?
Other people can make an application to the court for permission to apply for an order under Section 8 of the Children Act 1989. This allows a child’s wider family members, such as grandparents, to apply for orders in respect of their grandchildren. However, they will need to seek permission from the court first, unless they fall into one of the categories above.
3. If I need permission to make a court application, what will the court consider?
In deciding whether to give permission, the court will consider, among other things:
· the nature of the application;
· the applicant’s connection with the child; and
· the risk that the proposed application might disrupt the child’s life to such an extent that they would be harmed by it.
4. How much does a court application for a child cost to make?
If your income is below a certain level or you receive a passporting benefit, you will be exempt from having to pay the court issue fee.
If you have to pay the court fee, it costs £263 for a section 8 order; however, that would be the only fee you will pay if you represent yourself in court. If you wish to instruct a solicitor, you may have to pay their charges too.
5. Is legal Aid available for children cases?
Legal Aid may be available if you can provide a piece of gateway evidence that is set out at schedule 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
A solicitor will be able to explain what documents are acceptable evidence to support an application for legal aid funding.
If you are thinking about making an application for a child and would like help to discuss your options, please contact our office, Tel: 01253 824216 or attend one of our free legal clinics for further advice.