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Do I have entitlement to apply for a child order? 

Again this can depend on what order is being applied for. For this we need to look at section 10 of the Children Act 1989 and its various amendments. 
 
Section 10(4) states at 
(a) any parent or, as added by the Adoption and Children Act 2002 on 30th December 2005, any guardian or special guardian of the child; 
(aa) as introduced on 30th December 2005 by the Adoption and Children Act 2002, any person who has acquired parental responsibility for the child 
(b) as inserted on 22nd April 2014 by the Children and Families Act 2014, any person who is named in a current Child Arrangements Order as a person with whom a child is to live can apply for any of the orders under section 8 of the Children Act 1989. 
In relation to Child Arrangement Orders, section 10(5) as amended on 22nd April 2014 by the Children and Families Act 2014 states that the following can apply :- 
(a) any party to a marriage (whether current marriage or former marriage) in relation to whom the child is a child of the family (ie not just biological children of both parties, but any child of either party and any adopted child who has been treated as the child of both parties) 
(aa) any civil partner in a current or former civil partnership in relation to whom a child is a child of the family – this wording was inserted on 5th December 2005 by The Civil Partnership Act 2004 
(b) any person with whom a child has lived for a period of three years – this covers, for example, parties who have lived together, siblings, grandparents and other relatives. Section 10(10) sets out that the period of three years does not have to be continuous but needs to have started no more than five years before the application is made and ended not more than three months before the application is made 
(c) previous wording substituted by Children and Families Act 2014 – any person who 
(i) has the consent of each of the parties named in a Child Arrangements Order which sets out with whom a child is to live or when a child is to live with a person, as being a person with whom a child is to live 
(ii) has the consent of the local authority where the child is in the care of the local authority 
(iii) in any other situation has the consent of everyone who already holds parental responsibility for the child 
(d) any person who has parental responsibility by virtue of provision made under section 12(2A) of the Children Act 1989 – ie anyone who is not a parent or guardian of a child and who is named in a Child Arrangements Order as a person with whom the child named in the order is to spend time but not live with – wording inserted by the Children and Families Act 2014 
 
Section 10(5A) was inserted by the Adoption and Children Act 2004 and enables a local authority foster parent to apply for a Child Arrangements Order setting out with whom a child is to live or when a child is to live with any person, if the child has lived with the foster parent for at least a year immediately before the application is made 
 
Section 10(5B) was inserted on 1st September 2009 by the Children and Young Persons Act 2008 and allows for a relative of the child to apply for a Child Arrangements Order setting out with whom a child is to live or when a child is to live with any person if the child has lived with the relative for period of at least one year immediately before the application is made 

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You never know what life will throw at you, and there are times when you need the best advice on Family Issues; even if it’s just to put your mind at rest. 
 
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