Who can apply for an order?

There are some people who have the automatic right to apply to the court for an order; however there are some people who must first seek the court’s permission to apply for an order.

The following people have the right to apply to the court for any order under section 11 of the Children & Young Persons Act 2001:

• any parent or legal guardian of the child;
• any person who has a residence order in their favour regarding the child.

The following people have the right to apply to the court for a residence or contact order under section 11 of the Children & Young Persons Act 2001:

• any party to a marriage in relation to whom the child is a child of the family;
• any person with whom the child has lived for a period of at least 3 years (does not need to be continuous, but in the last 5 years and within the last 3 months before the application);
• any person who has the consent of any person who has a residence order in their favour;
• any person who has the consent of the Department of Health and Social Security, if the child is in care; and
• any person who has the consent of each person (if any) who has parental responsibility for the child.

Other applicants

If you do not fall into one of the above categories, you may still be able to apply for an order; however you must seek the court’s permission first.

When applying for permission, the court will take the following into account:

• the nature of the proposed application;
• the applicant’s connection with the child;
• any risk of the proposed application disrupting the child’s life to such an extent that they would be harmed by it; and
• if the applicant is a foster parent, the Department’s plans for the child’s future and the wishes and feelings of the child’s parents.

Can the child apply for an order?

The child concerned may be able to make an application for an order, however only with the courts permission. The court will only grant this permission if it is satisfied that the child has sufficient understanding to make the proposed application. The court may also appoint a Guardian ad Litem (an individual appointed to represent the best interests of the child for the purpose of the legal procedure).