court orders – Children's Law Centre

What other Court Orders are there?

inico Admin — Mon, 06 Jul 2020 11:21:53 +0000

Specific Issue Order: This is an order of the court which gives direction to parents about specific aspects of a child’s welfare, where parents cannot agree, such as which school a child will go to.

Residence Order: This is an order of the court which says where a child will live, usually one parent will seek such an order when parents separate.

Prohibited Steps Order: This is an order of the court which prevents a parent of a child from doing something for example taking the child to another country.

How do I get a Contact Order?

inico Admin — Mon, 06 Jul 2020 11:18:56 +0000

You would have to get a Solicitor and make an application to the court. You can instruct your own Solicitor if they feel that you are mature enough and have sufficient understanding about what you are seeking and the court process.

What is a Contact Order?

inico Admin — Mon, 06 Jul 2020 11:16:23 +0000

A Contact Order is a court order, which sets out the pattern of contact you should have with your parents, brothers or sisters that you do not live with, e.g. every weekend, two days per week etc.

Will I be able to speak to the Judge?

inico Admin — Mon, 06 Jul 2020 11:14:35 +0000

The Judge may want to speak to you directly but usually your Solicitor will tell the court what you want. Sometimes a Judge may ask a Courts Children’s Officer to speak to you and find out what you want to happen.

What will the court do?

inico Admin — Mon, 06 Jul 2020 11:13:43 +0000

The court will look at all your circumstances and most importantly your wishes and feelings and what is in your best interests. If the Judge agrees that it is in your best interests to have contact or more contact with your parent/siblings, then they will make a court order setting out what contact you will have.

What court do I go to?

inico Admin — Mon, 06 Jul 2020 11:12:19 +0000

You will usually make an application to your local Family Proceedings Court, which will deal with your case, but if it is complex it might go to the more specialist Family Care Centre or even the High Court.

How much contact can I expect to have with a parent or my brother(s) and sister(s)?

inico Admin — Mon, 06 Jul 2020 10:58:14 +0000

There are no specific rules on this and each family has its own particular circumstances but it should allow you to have a meaningful relationship with all your family. It is usually a matter for you and your parents to decide.

If you do not feel you are seeing enough of one of your parents or your brothers and sisters, or you don’t feel that people are listening to what you want, then you could go to court for a Contact Order which will set out the amount of contact you should have.

I don’t have contact with my parent/family members. How do I get to see them?

inico Admin — Mon, 06 Jul 2020 10:56:49 +0000

When parents and children live apart, family contact is usually arranged by parents but you are entitled to have regular contact with all your family.

Your wishes and feelings are very important and you have a right to have a say about contact. If you and the adults involved in decisions cannot agree on contact arrangements then you could go to mediation to help resolve any disagreement, or you could go to court for a Contact Order in order to see your parent/brothers and sisters.

If my parents separate, can I choose who I live with?

inico Admin — Mon, 06 Jul 2020 10:53:50 +0000

When parents separate it can be a very difficult time for everyone in the family. Parents should always do what is best for their children and this includes deciding which parent the children should live with and maintaining good relations between children and the parent they don’t live with.

Your wishes and feelings should be considered when these decisions are being made. As a teenager your wishes and feelings should carry a lot of weight and if parents can’t agree on things and a court is asked to decide, the court will always have your wishes and feelings as the first thing they consider.

Older teenagers should be able to decide for themselves which parent they live with and how much they see of the other parent. It’s important that children maintain a meaningful relationship with both their parents.