There are many different types of orders which can arise when a relationship breaks down. Depending on your circumstances these include orders relating to children and finances. Here we will look at the most common types, what they are, and what they mean for an individual.
Do you have any questions about court orders? Learn more about our family law solicitors and contact us today for a free 30 minute consultation.
What is a court order?
A court order is a judgement or ruling that is officially given by a judge. A court order can be final (at the end of a hearing) or interim (until a final order can be made). The contents of the order depend entirely on the case presented to the judge.
Different types of court orders
Specific Issue Order
A Specific Issue Order is made about a specific issue that cannot be agreed and arises in disputes concerning children. Common examples can include:
-
Going abroad for a holiday or permanently relocating
-
Changing a Child’s surname
-
Decisions relating to schooling
-
Decisions about medical treatment
The main difference with this type of order from other orders that arise in relation to children matters is that a Specific Order application is seeking permission to do something, whereas a Prohibited Steps Order is asking the court to prevent the other parent from doing something.
Prohibited Steps Order
A Prohibited Steps Order prevents one person from doing something in relation to a child or children. There are many possible reasons to file a Prohibited Steps Order application but some of the most common reasons are:
-
To prevent the other person from going abroad or moving away from the area with the children.
-
Stopping medical treatment of a child.
-
Preventing the change of surname of a child.
Child Arrangements Order
A Child Arrangements Order is often the most common application made in relation to children and will confirm who the child(ren) will live with and how often they spend time with the other parent. The court has the ability to order that a child can live under a shared care arrangement and therefore an order may be worded so that it allows the child(ren) to live with both parents. The order can also determine how a child will spend time with the other parent such as face to face contact, indirect (by way of telephone calls or Facetime) or supervised if there are welfare concerns.
Non-Molestation Order
A Non-Molestation Order is an order preventing one person from acts such as threats of violence, harassment and pestering. It can also be granted against somebody who has been consistently sending abusive letters or text messages. It can also prohibit an abuser from approaching you, your property or an area around your property or from making any contact with you in any way.
Occupation Order
An Occupation Order is an order which can exclude a person from occupying a home or, determining how both parties can occupy a home. These Orders can apply to married or unmarried persons. Even if the property in question is held in the abuser’s sole name it can be possible to obtain an order for the person who legally owns the property to be excluded from the property.
Pension Sharing Orders
A Pension Sharing Order is an order determining how much one person should receive from the other party’s pension. It is a formal agreement to divide pension assets at the time of divorce and the courts can work out the exact percentage that the receiving party should receive.
You may need a pension report to be able to determine how the pension should be shared and you should seek advice from a solicitor regarding this.
Maintenance Orders
There are two limbs to maintenance orders. Firstly, there is child maintenance. Child maintenance is often paid to the party who has primary care of the child(ren) and will be assessed using a formula which is set by the Child Maintenance Service.
Spousal maintenance is there to support one party’s financial needs if required. Usually it is paid every month and it can last for either a defined period or in increasingly rare cases for the rest of the former partner’s life known as a Joint Lives Order.
Consent Order
A Consent Order is the document which sets out the financial settlement agreed between two parties on divorce. It is sent to the court for approval and in most cases (where possible) will allow for a clean break which means that neither party is able to pursue any further financial claims against the other.
How do I apply for a court order?
The process of application for a court order will depend on the type of court order that you are applying for and its complexity.
For instance, timings for consent orders can vary depending on a few factors, but in the case of a very straightforward order, the court would usually take 3-4 weeks to process the application.
Do I need a solicitor or lawyer?
Simply put, no, you do not need a solicitor or lawyer to file a court order. However, particularly in complex cases, lawyers can offer valuable advice from the outset with you and your family’s best interests in mind.
Without legal representation, there is more room for error, which in turn could cause issues with your order further down the line. By contrast, a legal expert would outline all of your options at the beginning, accounting the potential issues that could arise in the future.
How can Goughs help?
It is important to remember that everyone’s situation is different and in determining what type of order you require needs careful consideration. At Goughs, our family law solicitors can provide advice and assistance together with representation where required.
We offer a free initial consultation and welcome the opportunity to assist and discuss your options. To get in touch please complete the form below or email us on info@goughs.co.uk. We will discuss your situation with you and help you understand your legal options, providing clear and practical advice on how to proceed from the very beginning.
