Sue has the PR for Edward because she is not married to David [s2(I)-(3)]. If they agreed that their child should live the mother, there is in principle no necessity for a RO since the father lacks any parental power to remove the child from the mother's care (Priest, 1993: p. 184). The court considers the child's welfare, age, and capability of each of child's parents and any other person in relation to whom the court considers the question to relevant is meeting child' needs [s1(3)]. And the likely affects on the child of any change in circumstances [s1(3)].
Helen and David can apply for PR and RO, which allows parents or guardians or others to have PR for a child to stay with them. [s10(4)-(5)]. If Helen and David name is already on the contact order list they can visit the child. If not, Helen and David can apply for a Contact Order [s10(6)]. Sue is not allowed to change Edward's surname without the written consent of every person who have PR. Courts may not make any orders unless it considers that doing so would be better for the child than making no order at all. [s1(5)]
The Section 8 Order of the Children Act 1989 protects the children from emotional and physical suffering due to family breakdown. It also allows parents to decide the future of their children and allows family and others to participate, who may have concerns and would like to appeal for PR and RO. It reduces the burden on LA and provides a chance to others who can offer help and support. There're restrictions for court to make a section 8 order. In fact, its much more concern with the welfare of the child and his/her feelings and save them from inevitable risks of family proceedings. Appendix:
(Case: 1) Joan and Tony have been married for 15 years. They have four children, Allan, Tina, Tom and Sarah respectively, fourteen, ten, six and four years old. Police arrested Tony after Allan's phone call. When police arrived, Jane was injured and children were frightened. Jane stated that Tony has been physically abusing her and the children since she told him that she wants to live separate. However, she has changed her mind and tried to convince him that she is not leaving. Now she is confused and worried that if she lives with him, her husband will physically abuse her and the children.
On the opposite, if she decides not to live with Tony, he may make it worse for her and family. That's why she terminated the case. Tony told police that he is sorry and wanted to be forgiven by his family. In addition, he Tony wants to move in the house because he has no place to live. The children are scared and don't understand the situation. Jane mentioned that Allan's grandmother wants to foster him. (Case: 2) Sue and David both are over 18 years old. They're not married. They had Edward when they both were 16 years old. Helen (David's mother) fostered the child with the condition to return the child to Sue when she will be 18 years old.
They were lived together in Helen's house. Helen and Sue cared Edward together. Sue and Helen were working as part-time sales assistant. David was unemployed since he left school at the age of 15. David was not keen to have baby but after baby's birth, he occasionally picked him up. Sue had arguments with David and decided to move in a council flat. David wanted to move with Sue but David was perusing Sue to leave Edward with Helen. Helen loves Edward and she is very keen to keep him. One day after a row Sue left their house and moved to the flat with her son. She called at social services office and asked for help and support.
Allen, N. (1992) Making Sense of The Children Act, UK, Longman group LTD Bryane, H. and Martin, G. (1997) Law for Social workers, Blackstone Press Limited. Class notes. 3. 12. 98 Dodds, M. (1994) (Cracknell's Statutes) Family Law, Old Bailey Press LTD. Kent, P. and Peirson, J. and Thornton, B. (1990) The Guide to the Children Act 1989, Community Care 19th April 1990, Reed Business Publishing Group. Priest, J. (1993) Families Outside Marriage, (Family Law) Jordan Publishing LTD.