As Resolution members my first approach at JLS Solicitors is to endeavour to find a solution to reach an agreement amicably and outside of Court; however, I also recognise that some matters require urgent Court applications. Such matters mostly revolve around children and cases of domestic violence.
Matters involving children:
If you are separated or going through separation and find yourself in a situation where your former partner is making threats, such as removing your children from school or out of area, changing their surname or removing the children from the country, then you may apply to the Court for a Prohibited Steps Order to prevent them from doing so.
Prohibited Steps Order
Often Prohibited Steps Orders are emergency orders, made without notice to the other party and, if so, they will not be in attendance at the initial court hearing.
In such circumstances the court needs to be satisfied by the party making the application for a Prohibited Steps Order that there is a risk of harm to the child(ren) and so a need for an emergency hearing without notice, as the initial order made would likely result in a possible important change to the child’s life and one that affects the child’s welfare.
At the initial hearing, and particularly where the other party is not present, the Court will make a first order that just deals with the particular urgent issue that has arisen i.e., an order to stop removal from school. Other issues flowing from that, for example, where the children are going to live long term, will be dealt with as part of a more usual Court process.
If an order is made without the other party present initially, the Court is required to list a second hearing as soon as possible and to direct the person who brought the application before the Court to ensure papers are served on that other party as soon as possible. This enables the Court to review the matter, and the initial order it made, with both parties and their representatives present at an early stage.
Matters involving domestic abuse:
There are two main types of injunctions available under Part IV of the Family Law Act 1996:
A Non-Molestation Order
A non-molestation order is aimed at preventing your partner or ex-partner from using or threatening violence against you and/or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children.
An Occupation Order
An occupation order regulates who can live in the family home, and can also restrict your partner from entering the surrounding area. If you do not feel safe continuing to live with your partner, or if you have left home because of violence, but want to return and exclude your partner, you can also apply for an occupation order.
If you need help and assistance with making an urgent application to the Court, please contact me at JLS or seek support from the National Centre for Domestic Violence – www.ncdv.org.uk – regardless of gender.
Justine