Family court orders
When serious family issues arise, such as domestic abuse or the possibility of child abduction, Slater and Gordon's experienced family lawyers can help you obtain a Family Court Order to protect you and your family.
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Can a family court order protect my family?
The family court is there to deal with a wide range of matters from relatively minor to very serious issues and has the power to protect your family.
One of the most significant ways it can do so is by making a family court order to ensure that children's welfare is the priority at all times, and that family members cannot use violence, intimidation or harassment against you.
Family court orders can require spouses or civil partners to pay maintenance or share their pension funds where appropriate. The family court has far-reaching powers to help you when you need it, which our can help you to access.
What is a maintenance order?
Sometimes when couples divorce or the civil partnership is dissolved, one spouse or civil partner may find themselves in a far worse position than the other, for example because they gave up work some years ago to look after the couple's home and children.
In these cases, you may be able to seek a , which requires one spouse to pay maintenance to the other, usually until the youngest child of the marriage reaches the age of 18. However, spousal maintenance is meant to be a short-term measure only where this is possible to achieve.
What is a pension sharing order?
As with maintenance orders, it's sometimes the case that one partner in a marriage or Civil Partnership has built up a much bigger pension fund than the other during the course of the marriage or civil partnership. When this happens, a Family Court judge can decide how those pension funds need to be divided, and can make an Order to ensure that both partners receive a fair share.
What is a specific issues order?
In most cases, both parents have parental responsibility. This means that all major decisions relating to the child should be agreed jointly. In some cases, it is not possible to have a joint decision.
For example, the parents may have different views about religious upbringing of the child or which school the child should attend. Family Court judges can rule on these disagreements, to ensure that all decisions like this are taken in the child's best interest and grant a to ensure that their judgment is adhered to.
What is a prohibited steps order?
Where there is a risk that one parent may try and remove the child from this country, or try and permanently change the child's surname, the other parent can apply to the court for a Prohibited Steps Order.
Typically, if a case is successful, a Prohibited Steps order will prevent one parent from taking a child out of the country, relocating to another part of the country or changing a child's surname without the other parent's consent.
What is a child arrangements order?
A Child Arrangements Order sets out the living arrangements for children.
The Order will specify who the child will live and how much they will spend with the other parent. It can also deal with other issues which can't be agreed between the parents such as whether the time with the other parent should be supervised.
What is a non-molestation Order?
This prevents your partner or ex-partner from contacting you and harassing or pestering you. It can also prevent the partner form coming within a certain distance of you if you are not living together.
What is an occupation order?
If the level of harassment from your partner or ex-partner is very serious, in some cases the Court may make an Occupation Order. This prevents your partner form continuing to live in the same property as you. This type of Order is not made lightly, especially if your partner is a joint owner of your home, but if the threat is serious enough, the Court will protect you by making this Order.
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