Family Court Orders
When a family unit breaks down, it can be hard to know what you can ask for from the legal system to protect yourself, your children and your home. Family Court Orders are legally binding decisions made by a court that set out clear responsibilities, expectations and protections when parents cannot agree on how children should be cared for.
If you and your ex partner have managed to agree on arrangements using a Parenting Plan or Parenting Arrangement, but you want to make this formal in law, you will still be able to apply for a Child Arrangements Order. You may have agreed on some, but not all, issues and may feel you need the court's help in determining these.
Scenarios
(Children Act 1989, s.8)
Living dispute
After separation, you and your co-parent cannot agree on where your 7 year old child lives. You believe that it's best that they live full time with you as you are in the area where they go to school and that they should have weekend contact with the other parent. You need the court to make a Child Arrangements Order for the living arrangements because your co-parent refuses to go to mediation and agree a fair arrangement.
Structured Arrangements
You have had an informal agreement so far, which has been working well, but school schedules and your ex partner is refusing to communicate about when they will have your child for care. You need the court to make the agreement formal and consistent.
Safeguarding
You left your abusive partner and they've been sending angry, intimidating messages to you during handovers. You need the court to order that your child will live with you and see your ex partner only through indirect contact (letters, cards, video calls) until it’s safe or that contact must take place at a supervised contact centre.
Scenarios
(Children Act 1989, s.8)
Relocation
Your ex partner has family in another country in the European Union and wants to move your children abroad without your agreement. You have messages from your ex partner and his family saying they've booked flights for your children in one month's time. You need to apply to the court for an Urgent Hearing to issue a Prohibited Steps Order to stop your ex partner taking your children out of the UK until this issues properly decided.
Safeguarding
Your ex partner has a history of substance misuse tries to take your child from school. They insist they will continue to try and take them from school and not return them to you on the weekends. You have messages from them stating this. You need to apply to court for a Prohibited Steps Order to stop them from collecting your child until the risk is assessed.
Scenarios
(Children Act 1989, s.8)
Education Dispute
Your child is about to leave primary school and you have looked at different schools in your local area. Your child and you want to go to school A, but you need your ex partners consent for them to attend the school and they want your child to go to school B. Mediation has not worked so you need ask the court for a Specific Issue Order, where the court makes the final decision based on the child’s best interests.
Medical Treatment
Your child needs an operation, but your co parent refuses consent. They have refused to discuss the operation and although they have attended some medical appointments, they refuse to consent to the operation on the grounds that it is against their religion. Your child needs the operation urgently, so you apply to the court for an Urgent Hearing and a Specific Issue Order so you can ask the judge to grants permission for the treatment after weighing up medical evidence.
Scenarios
(Family Law Act 1996, s.42)
Physical Abuse
Your partner assaulted you through your relationship, after leaving, they continue to seek you out in your local area and won't leave you alone, despite you contacting the police. Your ex partner also refuses to give you back the key to your house and will let themselves in whilst you are at work and your children are in school. You need to apply to the court to grant a Non-Molestation Order preventing them from contacting or approaching you or your children.
Harassment
You want your ex partner to have a positive relationship with your child after your separation and you have been sharing the childcare equally. However, you are receiving constant unwanted calls from your ex partner and they are arriving at your house when it is not their time for contact. Although no violence is involved, you can apply for a Non-Molestation Order for protection and reassurance.
Scenarios
(Family Law Act 1996, ss.33–38)
Safeguarding
Your ex partner has been abusive to you and your children in the home and is refusing to leave, their behaviour is unpredictable and is frightening your children. You need to apply for an Urgent Hearing to ask the court for an Occupation Order, to order they leave the property and stay away.
Separation Conflict
You separate from your partner and can’t agree who stays in the family home, they are staying in the guest room but are refusing to leave and this is making the separation difficult for your children due to the confusion and uncertainty. You need to apply for an Occupation Order to ask the court to grant temporary occupation of the property to you and your children.
