chapter  7
71 Pages

Financial Provision on Divorce or Dissolution

This chapter first looks at the system of section 8 orders as devised by the Child act (CA) 1989, two of which were replaced on 22 April 2014 by a new Child Arrangements Order (CAO) when most provisions of Children and Families Act (CAFA) 2014 came into force on the inauguration of the new unified Family Court. It then considers how this change, recommended by the Final Report of the Family Justice Review (FJR), may or may not work to reduce parents adversarial litigation over children which the immediate Past President of the Family Division of the High Court (Sir Nicholas Wall) identified as damaging to those children. There were up to April 2014 four s 8 orders: residence order; contact order; prohibited steps order; and specific issue order. No parent may remove a child from the jurisdiction without consent of the other parent or leave of the court.