Seven Types of Family Court Orders

26 September 2017

Sometimes situations will arise in your family life which make legal intervention necessary. This can range from preventing your ex from taking your children out of the country, to setting out who has the right to live in the family home after divorce or separation.

There are several Court Orders and Injunctions available which our Family Solicitors can apply for to help you achieve a more secure future for you and your family. Our Family Solicitors can advise what Court Order or Injunction are suitable for your situation, and can apply to the Court for a Court Order on your behalf.

Once we have provided you with a written quote for the agreed work to be done, that price will not change.

To help you understand the options available, we’ve outlined 7 of the most common Family Court Orders and Injunctions available in in England and Wales:

Specific Issue Order

A Specific Issue Order is a type of Court Order that is used when people with Parental Responsibility for a child disagree on a particular matter, such as what a child’s surname should be after divorce.

As someone with Parental Responsibility, you are allowed to have a say on a child’s upbringing. If those with Parental Responsibility have opposing views on a certain subject, a Specific Issue Order can be applied for. The Court will then consider what is in the child’s best interests and make the decision about that particular issue on your behalf.

For example, a Specific Issue Order may deal with:

  • How a child should be educated
  • What medical treatment a child should receive
  • A child’s religious upbringing
  • Whether a child can be taken outside of England & Wales
  • Changing a child’s name or surname.

See how we’ve helped clients with a Specific Issue Order:

Prohibited Steps Order

A Prohibited Steps Order is a type of Court Order that prevents someone from exercising their powers of Parental Responsibility, meaning they can’t do things like remove a child from the country.

People with Parental Responsibility have a right to make decisions about a child’s upbringing. But if others with Parental Responsibility disagree with another parent’s actions (or proposed actions) and want to stop it happening, a Prohibited Steps Order can be applied for. If successful, this will remove that individual’s right to act.

For example, a Prohibited Steps Order may:

  • Prevent a parent from taking a child out of the country
  • Prevent a parent from changing a child’s surname
  • Prevent a parent from relocating with a child
  • Prevent the child from receiving certain medical treatment.

See how we’ve helped clients with a Prohibited Steps Order:

Child Arrangements Order

A Child Arrangements Order used to be known as a Residence Order. This Court Order sets out the living arrangements for a child or children, including which parent the child/children will live with for the majority of the time.

A Child Arrangements Order will be needed if it cannot be decided with whom a child should live. In these cases the Court will make a decision based on what is in the child’s best interest. The parent with whom the child lives for most of the time is known as the ‘Resident Parent’, and he/she is responsible for making day-to-day decisions about the child’s upbringing.

For example, a Child Arrangements Order can deal with:

  • Which parent the child will live with
  • How much time the child will spend with the other parent (if any)
  • When a child will spend time with the other parent
  • Whether contact with the other parent should be supervised.

See how we’ve helped clients with Child Arrangement Orders

Non Molestation Orders

A Non Molestation Order is a type of Court Injunction. It can be used to prevent your partner or ex-partner from displaying violent or threatening behaviour towards you and your children. This includes intimidation, pestering and harassment.

If there is a risk of domestic violence and you fear for the safety of yourself and/or your children, a Non Molestation Order should be applied for without delay. A Non-Molestation Order can be adapted to your individual circumstances to ensure that you are protected.

For example, a Non Molestation Order may stop a particular person:

  • Being on the same road as your home or child’s school
  • Contacting you
  • Damaging your property
  • Communicating with you other than through a third party.

See how we’ve helped clients with Non Molestation Orders:

Occupation Orders

An Occupation Order is a type of Court Injunction. It can be used to control who lives in the family home. It can also restrict a particular person from entering the area surrounding the family home.

Occupation Orders are often used alongside Non Molestation Orders. They help people who want to remain in the family home, but who are scared to do so because of the threat of domestic violence.

With an Occupation Order, you can prevent a violent ex-partner from being in the property or coming near it – even if he/she is on the Tenancy Agreement or the mortgage.

Pension Sharing Orders

A Pension Sharing Order is a Court Order that rules how a pension pot should be split following divorce or civil partnership dissolution.

To enable this to happen, each person must disclose how much is in their pension pot (if they have one), and the Court will then decide how it should be divided. A Judge will say how much you should receive from your ex’s pension, and how must he/she will receive from yours.

In England and Wales, the amount you are given will be expressed as a percentage of the transfer values. This can either be transferred into an existing pension, or you can create a new pension.

See how we’ve helped clients with Pension Sharing Orders:

Favourable Divorce Financial Settlement Case Study

Maintenance Orders

A Maintenance Order is a Court Order that states how much Spousal Maintenance someone must pay their ex following divorce. This is different to Child Maintenance, which is dealt with separately.

The Court may order Spousal Maintenance is paid if one person earns significantly less than the other, and needs additional money to ensure their needs are taken care of. Sometimes this happens where one person has given up work during the marriage in order to care for the children, meaning that when the relationship breaks down, he/she has very little money or career prospects of their own.

For example, a Maintenance Order can say:

  • How much money should be paid and how frequently i.e. £1,000 per month
  • When Spousal Maintenance payments should stop.

See how we’ve helped clients with Maintenance Orders:

Uncooperative Husband Sorted By Co-op Divorce Solicitor.

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