Court Orders – What are they and what do they mean?

In family proceedings the court’s decision will be in the form of a Order. Court Orders are mandatory instructions from the court that you must abide by.

In most cases, it’s the parents of the child who make an application to the court for an Order. However, the Children’s Act does allow for someone other than the parents to be able to apply for orders that relate to a child’s upbringing. The court will consider the nature of a persons connection with the child before making any decisions.

Court Orders

The court orders regularly used in family proceedings can be found under section 8 of the Children’s Act 1989:

• Parental Responsibility Order
• Child Arrangements Order
• Prohibited Steps Order
• Specific Issue Order

What do they mean?

1. Parental Responsibility Orders give fathers the chance to gain PR when the mother refuses to allow the father on the birth certificate or refuses to sign a Parental Responsibility  Agreement. Step-parents, guardians and 2nd female parents can also apply for Parental Responsibility.
2. Child Arrangements Orders replace ‘residence’ and ‘contact’ orders. This order decides where your child lives, when your child spends time with each parent and what other types of contact can take place e.g. phone calls. If he does not already have it, a father is granted parental responsibility as part of a Child Arrangement Order.
3. Prohibited Steps Order stops the person named in the Order from doing certain actions without the courts permission. This could be taking the child out of the country or making a decision about the child’s upbringing e.g. relocation.
4. Specific Issue Order gives instructions about a particular element of a child’s upbringing. This could be what school they attend, the religion that the child is raised in, whether they should have a religious education or any other aspect of parental responsibility.

When making an order the court will take the ascertainable wishes and feelings of the child into consideration. The older the child the more weight their wants and wishes will carry. It is important that you don’t try to influence your child’s view but instead support their wishes. If they are too young to make decisions, your argument should focus on what you think is in the best of interests of your child and why.

Is there anything that you could add to help another mother represent herself in family court? Leave a comment and show your support.

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