When you need urgent action to be taken concerning your children, Venters Solicitors are on hand to provide swift advice and representation.
You can make an urgent application to the family court in an emergency if there is an immediate risk:
- to you or your child’s life, safety or freedom
- your child being unlawfully taken out of the UK that you might otherwise suffer ‘unreasonable hardship’
If the need to make an emergency application is a result of coercive and controlling behaviour then we can help.
Emergency Residence Order
Emergency family court orders aren’t given lightly by judges, not least because they are made without notice to the other party. Our expert team will support you in navigating the process to secure an emergency residence order.
Your application must be accompanied by a statement detailing the reasons for the urgency, and you will need to complete the form C100 which is the same form used in child arrangement orders.
Given the seriousness of these cases, applications are usually heard the same day, therefore we advise that any emergency applications are made to the local family court where the child resides to avoid delays.
It’s important to be aware that emergency child arrangements orders (residence orders) aren’t restricted to just the parents of the child. Grandparents can apply for them too.
Emergency Protection Orders (EPO) - Section 44 Children Act 1989
Emergency Protection Orders (EPO) are obtained from the court to ensure the short-term safety of a child. Applications for an EPO can be made by anyone including a local authority or other authorise body.
The court will only make the order if they are satisfied that there is reasonable cause to believe that the child is likely to suffer significant harm if:
- they are not removed to accommodation provided by the local authority; or
- they do not remain in the place where they are currently being accommodated (such as in hospital).
In exceptional circumstances a local authority can apply for an EPO without notice to the parents. If you find yourself on the receiving end of such an order, get in touch with us immediately to seek advice on what to do next.
Non-Molestation and Occupation Orders
Domestic abuse and domestic violence is known as the “silent killer”. The time has now come for victims to break that silence and if you are a victim of abuse of this nature, whatever your gender, we are able to obtain the help and support you so need. Let us assist you to do so.
If you find yourself in an abusive relationship, then there may come a time when you need to prevent the abuser from coming near you to prevent further harm to you or your children. This can be done by applying for an injunction, also known as a non-molestation order, through the family Courts.
At Venters we have a team of specialist lawyers who can help you if you find yourself in this situation. If you feel as though you are in immediate danger however, the Police should be your first point of contact.
A Non-Molestation order is used to prevent violence, threats of violence or harassing and pestering and molesting behaviour. The orders can apply to more than just your spouse and can be served to many different people. These people are known as ‘associated persons’ and they can include your fiancé, a family member, someone who lives with you or the mother/father of your children. Non-Molestation orders are very serious and there can be serious consequences if they are broken.
We can also assist if you need to get an order that excludes someone from the family home, or prevents them from coming within a specified distance of it. This is called an occupation order.
You will need to provide evidence to enable the family Court to grant the order and our team are here to guide you through the process. Evidence may include details of the times when you have been physically or emotionally harmed, the effects that it’s had on you and your children, and even police or medical records if you have them. The more evidence you have, the quicker it will be for the order to be placed.
Domestic abuse and domestic violence is now being taken more seriously than ever by the Government. The Police have been given greater powers than ever before and this includes the ability to arrest suspects who have breached Orders of this nature. In addition, the Government has introduced criminal offences for some elements of domestic abuse and domestic violence.
As well as assisting and supporting you through the legal process with our knowledge and experience in this field, we are able to signpost you to other support services.
Prohibited Steps Order
A prohibited steps order enables you to apply to the court to stop the other person with parental responsibility from making a decision about your child or children about which you do not agree.
There is a range of things that the Court can prohibit a parent from doing in respect of a child by making a Prohibited Steps Order such as prohibiting a parent from removing the child to another country or from the care of the other parent or from their school.
For any advice on emergency orders please get in touch with our team.
Key Contacts
