Courage. Strength. Resilience.
You've taken the huge step of leaving, now it's time to focus on understanding your legal rights and building the next stage of your life with confidence. We give you clear and accessible legal information, the laws protecting your rights and how to represent your self in family court if you choose to. The flowchart will guide you through your situation and signpost you to the most appropriate section of our website or specialist services when you need them.
You’ve made the first move. We’re here to help you make the rest.
Legal rights when you've just left your relationship.
Q: Can I stop my ex from taking the children without my agreement?
A: Even if your ex has Parental Responsibility, under the law, they cannot just take your child(ren) without your agreement.
Under the Children Act 1989 (Section 8) you can apply for a Prohibited Steps Order (PSO) to prevent specific actions, such as removing your child(ren) from your care or school without permission. If the situation is urgent, call the police on 999.
Taking a child out of the country without the necessary permission is a serious criminal offence under the Child Abduction Act 1984, if your ex has taken your child(ren) to another country please follow these steps:
1. Call the police.
2.Call the Foreign, Commonwealth & Development Office to report the incident.
3. Call Reunite, a charity specialising in child abduction cases.
Q: I’ve left my home, can I get back in to collect my belongings safely?
A: The Family Law Act 1996 (Section 33) says that an Occupation Order can give you temporary right of entry or exclude the other person in order to make your house safe to enter. You can find a guide on how to fill out this form in our 'Court Forms section:
Q: I keep getting harassed and threatened by my ex, what can I do?
A: The Family Law Act 1996 (Section 42) says that you and your children have the right to be protected from any 'molestation' by your ex partner. It does not have to be a physical 'molestation' and can include threats by social media, verbal harassment, pestering and intimidation.
You can find a guide on how to fill out the form for a Non Molestation Order here:
Q: Can I get financial help immediately after leaving?
A: The Child Support Act 1991 says that each parent of a 'qualifying child' is responsible for their financial maintenance, even if they don't have parental responsibility or live with the child.
If you meet the eligibility criteria, you may qualify for Universal Credit under the Welfare Reform Act 2012.
If you are married, the Matrimonial Causes Act 1973 and Civil Partnership Act 2004 outline how spousal maintenance payments work and your rights to the family home, please see the specialist services below for more information:
Next Steps
After using the flowchart, how do you feel?
1
'Do I Need a Lawyer?'
Having the right support can make a big difference to your confidence and outcome. Phoenix guides you through different routes, and we’ll direct you to the right services that can meet any accessibility, language, or support needs you’ve identified. Click below to find out more.
2
'I want to know more about the process'
The legal process can feel like a maze, full of steps that aren't always explained clearly. Our 'Family Court Guide' will take you through the process, from first application, to explaining the hearings, safeguarding checks and final decisions. Click below for more.