What is a court order?

A court order is a ruling or judgement made in a family court instructing one or multiple parties on how a certain situation should be handled, or to prevent a party from acting in a particular manner.

There are several different types of court order that a family court could impose, covering issues such as child custody, visitation rights, and divorce settlements. They can also handle more serious matters, protecting you from the use of violence, intimidation or harassment from family members. In all cases involving a child or children, their welfare is considered the top priority.

If you need help in obtaining a family court order, or with any other family issue we offer a fixed fee 45-minute initial consultation for £150. Call us now on 0330 041 5869 or contact us online today and we will call you.

Court orders for children and child custody

There are various family court orders pertaining to children that can be used to ensure their welfare is protected. These are:

Child arrangement order

This sets out the living arrangements for children when their parents separate. The order could include information such as who the child will primarily reside with, how long they will spend with the other parent, and whether this time should be supervised.

Specific issue order

Where parents who both have parental responsibility (either the parents are or were married, or the father is named on the birth certificate) and disagree on an aspect of their child’s upbringing, a Judge in family court can make a ruling, granting a Specific Issue Order to ensure it is adhered to. Issues could include schooling, religious upbringing, or any changes to the child’s name.

Prohibited steps order

This order can be applied for where this is a risk a parent may attempt to remove a child from the country or try to permanently change their name. A ruling for a prohibited steps order could prevent the parent doing so without the other parent’s consent.

Residence order

As the name suggests, this order determines which parent a child should primarily live with.

Divorce orders

If you and your ex-partner are going through a divorce, there may be elements on which you do not agree. Divorce orders can set out a ruling by a Judge on various matters, such as:

Maintenance order

This will determine whether one spouse should pay maintenance to the other. This occurs where one spouse finds themselves in a far worse financial position than the other, perhaps due to giving up work to raise children.

Pension-sharing order

As with maintenance orders, it could be that one spouse has had the opportunity to build up a much bigger pension fund than the other due to the amount of time they have spent in work. In this case, a family court can decide whether the larger pension fund needs to be divided.

Clean break order

This is an order that allows couples getting divorced or already divorced to terminate their financial obligations to each other. When granted, it means neither person can make a financial claim against the other in future.

Injunctions

Injunctions can be granted by a court where there is a risk of harassment, intimidation or physical violence, protecting you from a family member. Such injunctions include:

Non-molestation order

A non-molestation order prevents your partner or ex-partner from contacting you, harassing or pestering you. It can also prevent them from coming within a certain distance if you do not live together.

Occupation order

Where harassment or threats of violence from your partner or ex are considered severe, a court can make an occupation order which prevents them from continuing to live in the same property. These are not granted lightly, particularly if your partner is the joint owner of your home, but where the threat is serious, the court can impose this as a means of protecting you.

Why should I choose Slater and Gordon?

We know that every family is unique which is why we carefully tailor our advice to suit individual families' needs and strive to secure the best outcome for you. Slater and Gordon's team of family lawyers have the empathy and the expertise you need.

Led by our head of family practice, Georgina Chase, our family law team has received recognition and numerous accolades from the legal industry. Georgina herself is ranked in the independent legal directory Chambers and Partners, and many of our team are recognised in the Legal 500.

We are proud members of Resolution, an organisation of family justice professionals committed to promoting a constructive approach to family issues and have office nationwide so we’re able to bring our expertise to your doorstep.