Emergency Residence Order
An emergency residence order is an order provided with the aim of protecting a child from ongoing or risk or physical, mental or emotional harm in situations of emergency. An application for an emergency residence order can be made by anyone who feels the child is suffering from harm or is in danger. The most common scenario in which an emergency residence order is applied is when there are concerns of a child being subject to abuse whether this is physical or emotional.
Making an emergency family court order
An emergency court order application is made to a family court where there is an element of risk or harm to a child. The applicant will need to complete the form C100 which is the same form used in child contact orders.
Emergency family court orders are made without notice to the other party. The emergency family court orders are permitted without notice to the respondent and used when notice of the application would defeat the purpose of the application. The application should be accompanied by a statement providing reasons for the urgent nature. Emergency court orders are heard by the family court on the day of the application.
In cases of emergency the judge may award and interim order. However, the matter will be listed for a second hearing in which the other party will be given notice and provided with an opportunity to present their arguments and position. Our child law specialists have assisted many parents and individuals with emergency family court orders and could also help you too. Contact us today to arrange a free initial no obligation consultation.
What are the other types of court orders relating to children?
Many people often want to know more about the types of court orders relating to children. It is important to note that the court has various orders at its disposal which can be issued in cases relating to children.
- Residence orders are common orders. These orders confirm the arrangements of who the children will live with. Residence orders can be applied by parents, grandparents, guardians. Initially the family courts would issue full residence orders however shared residence is becoming more common.
- Contact orders are also very common in child proceedings. Such orders essentially confirm which family member the children will maintain contact with. Contact can be either direct or indirect.
- Specific issue orders relate to a specific question regarding the child’s upbringing. This can cover anything from which school the client will to attend to whether they can travel abroad with the parent. A specific issue order can be applied by anyone with parental responsibility or anyone named on child arrangement orders as well as guardians.
- Prohibited Steps Orders are also very popular. This order states that a specified action relating to a child should not happen without the express consent of the Court. The order is effectively telling a parent or carer what they may not do in respect of their child. This order is commonly used to prevent a parent changing a child’s surname, along with other issues such as removing them from the country.
- Emergency Protection Order are used to remove a child from a situation where they are suffering significant harm. With this type of order the child is removed immediately without any notice to the parents or a carer. This order is only used in a genuine emergency in order to provide a child with immediate protection.
- Supervision Order give the Local Authority an obligation to supervise the care given to a child. This order is used to support parents to care for the children. The child is not removed from the parent but merely supervised to ensure that the child remains safe. Such orders are designed to allow the parents and the local authority to co-operate and work together.
- Care Order give the Local Authority parental responsibility and authorises them to make decisions about the child including making decisions on where the child will live. The child is usually placed in a care home. However, the Local Authority does not have to remove the child from their parents if a care order is in place.
Court order for child custody
A court order for child custody is also known as a residency order. Such an order for child custody is made by the family court. The order determines with which parent the child will reside with. At Kabir Family Law, our child law specialists have assisted many mothers, father, grandparents and guardians obtain a court order for child custody and we can assist you too should this apply to your situation.
Many parents would like child custody but remain unaware of the residency order process. Our child law specialists practice solely in family law and can assist you in the residency order process. Initially our family law specialists can try and act as a mediator between the parents to try and resolve issues regarding where the child will live and the contact arrangements for the non-resident parent. Should such negotiations not be viable or breakdown we can assist you in applying to the courts for child residency.
Prior to making an application to the family court under section 8 of the Children Act 1989 for a residence order or contact order, you will have to show the court that you have attended a meeting known as a MIAM (mediation information and assessment meeting) and prove that either mediation is not suitable or you are exempt from mediation. In certain circumstances, you don’t need to attend a MIAM before making a residence order application. This is usually where there has been domestic abuse, or the Local Authority are already involved in family matters.
What is the cost of residency order?
The cost of residency order is a fee of £215 which is payable at the time of making the application. However our child law specialists can review the cost of residency order by considering your personal circumstances and assessing whether you are exempt from paying some or all of the fee.
Once an application has been submitted to the court both parties will take part separately in a telephone call with CAFCASS to discuss matters relevant to the application including residence and contact issues and any concerns they have about the children, the other parent or third parties.
Following the application being submitted to the court their will be a first hearing. This used to determine whether the parties can reach an agreement and whether there are any safeguarding or welfare concerns surrounding the child which need to be considered.
If matters for child custody cannot be resolved at the first hearing because of safety concerns or the parties cannot agree then the matter will be listed for a second hearing. Parents may be required to prepare a statement confirming why they feel that the residence of the child needs to be decided by the court with a residence order. The court may also request further information from other professionals such as schools, doctors, CAFCASS or Social Services to ensure they have all the information required to make a decision on the custody of a child.
Following this second hearing the matter will then be listed for a final hearing where the court will consider all the information and evidence before them including a recommendation report from CAFCASS and will then make a decision about the residence order which is binding on both parents. This order will confirm with which parent the child will live with and the level of contact for the other parent.
What types of orders can the court make in relation to residency?
The court has the power to either make a full residence order or a joint residence order. A Full Residence Order confirms where the child shall live and who the primary carer will be. A Full Residence Order grants sole custody of the child to one parent which gives them the right to live with the child and make decisions on the child’s life.
In contract a joint residence or a shared residence order is made in favour of both parents. It is a court order that requires a child to spend a certain amount of time with one parent and a certain amount of time with the other parent. It allows both parents to be a part of the child’s life and upbringing.
What is the purpose of an emergency court order?
Emergency court orders are obtained where there is a risk to the welfare of a child. These applications are made to obtain a child court order without notice to the other parent and are usually heard on the day of making the application.
Contact our child law specialists for legal advice today
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