Our experienced family lawyers often assist clients in making an emergency application to the Court to safeguard children for various reasons. In this article specialist family lawyer Natalie Symons explains the process.
Family Law Emergency Orders
Emergency Orders are designed to protect children from immediate risk of harm and if you are concerned for the safety of your children we would advise you to contact us as soon as possible for legal advice as to whether an application should be made on an urgent basis and if so, the orders that may be available to you.
An emergency application can be made and, if the Court agrees with the safeguarding risks, they can make urgent interim Orders prior to the usual Court procedure taking place. Orders can be made without notice (when the other side are not given notice of the hearing) and the Court will then list a review hearing giving the other side opportunity to object/challenge the application.
An emergency application could mean that you need to attend Court the day you issue the application, and the Court may make an order that day.
It is important to note the Court may have a different viewpoint to you as to what is deemed as an urgent application. These applications should involve safeguarding concerns regarding a child such as, but not limited to, the child having suffered or being at risk of abuse (which may include physical or sexual abuse), neglect, at risk of abduction or, having not been returned following contact.
If the other parent has stopped contact the court may not deem this as an urgent application and the usual process should be followed to include a referral to mediation.
Different Types of Order
These are the Orders that may be available:
Child Arrangements Order – live with.
The Court may order that a child lives with a parent with no contact /limited/ or supervised contact to take place between the child/ren and the other parent on an interim basis only. The issue will then be considered during further Court Hearings.
Prohibited Steps Order
This is an order which prohibits someone from behaving in a certain way. This can include removing a child from a parent, a third party to include school or nursery or out of the county or country.
Specific Issue Order
This order can be used in circumstances when parents are unable to agree an issue for a child. This Order can request an adult returns a child to their carer or school if they have already been removed.
You may also wish to consider whether it would be appropriate to also apply for a Non-Molestation Order (an Injunction) to protect yourself and or your children. Non Molestation Order vs Restraining Order? | The Family Law Co
Making an Application
You or your legal represents will need to complete a C100 and maybe a C1a which will enable you to provide short details of your concerns and enable you to provide the court with an explanation as to why you believe the matter is urgent. You will have an opportunity at a later date to provide a full statement.
You or your legal representatives should consider whether you have to pay the Court fee currently £255 or, whether you are entitled to fee remission providing you with a reduction of the Court fee or, an exemption to the fee. We would advise you consider the help with fees form and the guidance notes.
You or your legal representatives may need to attend Court to issue the application or file this by email. If you are not represented it is best to contact the Court to see what the appropriate option would be.
If an Order is made you or your legal representatives will need to arrange to serve the Court documents and Order upon the Respondent. If the Order is made without notice it is not in force until the Respondent has knowledge of it.
You will need to attend any future Court Hearings and comply with the other directions the Court may make. If an emergency Order is made this is only an interim Order and is not final. The Court will continue to consider the case with the usual procedure. If you fail to engage in the proceedings following obtaining an emergency order the Court may revoke this.
Legal Aid
Legal aid may be available to you to make any children act application and we would advise you contact us to discuss your entitlement.
Natalie is an experienced family solicitor in the Family Law Company Children team. Please do not hesitate to contact the Family Law Company if you are worried and would like to find out more information on emergency applications.
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