20
Children

Guardianship, custody and orders concerning children

Guardianship of and custody of children signify two things which have not always been clearly distinguished. Guardianship denotes the appointment of someone to take care of parentless children. It usually includes custody, which is concerned with the right of parents or a parent or a third party to decide matters relating to the upbringing of a child, and it includes control over the child's property. Custody usually, but not always, includes the right to care and control of the child and to determine his residence.

The English courts have also had an inherent jurisdiction and power to make a child, whether an orphan or not, a ward of court, which means that the court is effectively the custodian of the child. It may, for example, prevent the child from contracting an undesirable marriage or associating with undesirable people.

With respect to these matters, English domestic law was radically altered by the Children Act 1989. The concept of 'custody' was abolished. Wardship was preserved but re-entitled simply the 'inherent' jurisdiction, and its ambit severely curtailed.1 The method of appointment of a guardian was clearly regulated.

Custody orders are replaced by what are called 'Section 8 orders'. By that section of the Act, the courts can make orders as to (i) residence, (ii) contact (which replaces access), (iii) prohibited steps and (iv) 'specific issues'. These orders may be made in respect of a child under eighteen but only exceptionally if the child is over sixteen. Proceedings in which section 8 orders are sought under various statutes, and proceedings under the inherent jurisdiction, are called 'family proceedings' (though orders made under the inherent jurisdiction are not section 8 orders).

____________________
1
Children Act 1989, s. 100. It is expected that the inherent jurisdiction will in practice almost wither away.

-334-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
Conflict of Laws
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 403

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?