s.11Restrictions on making section 10 orders
11
Section 11Part 2 — Orders With Respect To Children in Family Proceedings

Restrictions on making section 10 orders

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A court shall not make any section 10 order, other than a residence order, with respect to a child who is in the care of the Department.
A person who is, or was at any time within the last 6 months, a departmental foster parent of a child may not apply for leave to apply for a section 10 order with respect to the child unless —
he has the consent of the Department;
he is a relative of the child; or
the child has lived with him for at least three years preceding the application.
A court shall not exercise its powers to make a specific issue order or prohibited steps order —
with a view to achieving a result which could be achieved by making a residence or contact order; or
in any way which is denied to the Grand Court (by section 87(2)) in the exercise of its inherent jurisdiction with respect to children.
A court shall not make any section 10 order which is to have effect for a period which will end after the child has reached the age of 16 unless it is satisfied that the circumstances of the case are exceptional.
A court shall not make any section 10 order, other than one varying or discharging such an order, with respect to a child who has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.

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