Injunctions

Injunctions

Different types of injunctions can help you depending on your circumstances.

Occupation Orders

An occupation order is an injunction regulating who can live in the family home or enter the surrounding area. You may need an occupation order if you have separated from your partner and want them to leave the home or stay away from you. An occupation order can also specify who has to pay the rent or mortgage and who can use certain rooms or facilities in the home.

To apply for an occupation order, you must have a legal right to live in the home, such as being the owner, the tenant, the spouse or the civil partner of the owner or tenant. You also need to show that you or your children are likely to suffer significant harm if the order is not made or that the damage you would suffer is greater than the harm your partner would suffer if they had to leave the home.

You can apply for an occupation order without telling your partner (without notice) if you think they will cause you more harm or try to stop you from applying. However, the court will usually arrange a hearing where both of you can present your case before making a final decision.

An occupation order can last for a fixed period, usually six months, or until another order is made. You can apply to extend or change the order if you need to.

Prohibited Steps Orders

A prohibited steps order is an injunction that can stop someone from taking a specific action or making a particular decision about a child. You may need a prohibited steps order if you are worried that your ex-partner or someone else may do something harmful or against the child’s best interests, such as taking them out of the country, changing their name, or removing them from school.

To apply for a prohibited steps order, you need parental responsibility for the child, which means you have the legal rights and duties to make decisions about their upbringing. You must also show that the order is necessary to prevent the child from suffering harm or distress.

You can apply for a prohibited steps order without telling the other person (without notice) if you think there is a risk of immediate harm or if they will try to avoid the order. However, the court will usually arrange a hearing where both of you can present your case before making a final decision.

A prohibited steps order can last until a specific event happens, such as when the child reaches a certain age or until another order is made. You can apply to extend or change the order if you need to.

Specific Issue Orders

A specific issue order is an injunction that can make someone do something or make a particular decision about a child. You may need a specific issue order if you and your ex-partner or someone else cannot agree on an essential aspect of the child’s upbringing, such as their education, health, religion, or contact with other relatives.

To apply for a specific issue order, you need parental responsibility for the child, which means you have the legal rights and duties to make decisions about their upbringing. You also need to show that the order is in the child’s best interests and will benefit them somehow.

You can apply for a specific issue order with or without telling the other person (with or without notice), depending on the urgency and nature of the issue. The court will usually arrange a hearing where you can present your case before making a final decision.

An issue order can last until a specific event happens, such as when the child reaches a certain age or until another order is made. You can apply to change or cancel the order if the circumstances change.

How We Can Help

Axis Solicitors has a team of experienced and compassionate family law solicitors who can help you with any injunction. We can advise you on whether you can apply for an injunction, what evidence you need to support your application, and how to complete and submit the relevant forms. Furthermore, we can represent you in court and help you enforce the order if the other person does not comply.

Applying for an injunction can be stressful and emotional, and we will do our best to make it as smooth and straightforward as possible. If you need help with an injunction, please contact us for a free initial assessment. You can count on Axis Solicitors to be here to help you protect yourself and your children from harm.

Occupation Orders

In a situation where you need to protect yourself or your children from an abusive or violent partner, you want to consider applying for an occupation order. An occupation order is an injunction regulating who can live in the family home or enter the surrounding area. It can help you stay safe and secure in your own home or exclude your partner from the house if they pose a threat to you or your children.

An Occupation Order, governed by Part IV of the Family Law Act 1996, is a legal instrument that outlines the right to reside in the family home. It determines who can stay, who may return, and who should be excluded from the property. Typically, it is sought against abusive partners to safeguard victims from their presence within the premises.

Occupation Orders play a pivotal role in ensuring the safety and tranquillity of victims within their residences, shielding them from the potential return of their abusive ex-partners.

Significantly, an Occupation Order does not alter the financial ownership of the property. Generally, it is a short-term arrangement, the duration of which hinges on your specific requirements. Typically, it spans six to twelve months but can be renewed under certain circumstances. It is essential to note that such orders pertain only to properties where both parties have lived, currently reside or intend to reside.

These orders can be tailored to assign responsibilities for property maintenance, mortgage or rent payments, and utility bills.

To apply for an Occupation Order, you must demonstrate a connection with the individual against whom you wish to file the order. This connection includes relationships, partners, ex-partners, relatives, co-habitants, or individuals previously involved in court proceedings.

Furthermore, you must establish your legal entitlement to reside in the property as an owner, joint owner, or tenant. This entitlement also extends to former spouses of property owners or legal tenants.

We are committed to working alongside you to secure an Occupation Order tailored to your specific needs. Our experienced solicitors will meticulously present your case, emphasising any potential harm you may face if the order is not granted.

How to Apply for an Occupation Order  

To obtain an occupation order, you should begin by completing Form FL401, titled “Application for a non-molestation order/an application for an occupation order.” Subsequently, you must file this form with the Court.

Notably, there is no mandatory fee for filing an application for an occupation order with the court. However, be aware that solicitors’ fees and legal costs come into play, mainly if the case becomes contested and necessitates a final hearing.

Timeline for Obtaining an Occupation Order

In emergencies, you can apply for an occupation order within an incredibly swift 24-hour timeframe.

We Can Help

Benefit from a confidential and free initial assessment. with one of our specialist solicitors at Axis Solicitors. This initial discussion allows us to assess your situation and explore your legal options. Our advice draws from extensive experience handling diverse Occupation Order applications, ensuring you benefit from our seasoned expertise.

As a trusted and resourceful Legal 500 top-tier law firm, Axis Solicitors Limited boasts specialist solicitors who excel under pressure, delivering counsel you can depend on.

Domestic Abuse and Occupation Orders

In cases involving domestic abuse or violence, it is often advisable to concurrently seek a non-molestation order.

Non-Molestation Orders

A non-molestation order offers protection against physical violence and severe forms of harassment, and it can also safeguard your children.

During your free initial assessment., we can provide further details to comprehensively explain occupation orders and accompanying non-molestation orders and their implications.

Prohibited Steps Orders

If you are concerned about your child’s welfare, you may need legal action to protect them from harm. One of the ways you can do this is by applying for a prohibited steps order. A prohibited steps order is a type of court order that prevents a parent or guardian from taking specific actions without the consent of the other parent or the court. It is usually used to protect a child’s welfare or prevent a change in their circumstances. 

Some examples of actions that a prohibited steps order can prevent are:

• Taking the child out of the country without your consent
• Changing the child’s name or surname
• Removing the child from their school or nursery
• Exposing the child to a harmful person or environment
• Making a medical decision that you disagree with

How to Apply for a Prohibited Steps Order

A prohibited steps order can be applied for by anyone with parental responsibility for the child, such as a parent, step-parent, or grandparent. Children can also use it if they are old and mature enough to understand the situation. The court will consider the best interests of the child when deciding whether to grant a prohibited steps order. The court will also consider the child’s views depending on age and understanding.

Mediation

Before proceeding with your application, you must ensure that you have participated in a Mediation Information and Assessment Meeting (MIAM), whether in-person or through remote means, unless you qualify for a valid exemption. A MIAM is a mandatory step in the legal process and involves discussing mediation and alternative dispute resolution methods to address your issues without resorting to court proceedings. You need to attend this mediation and assessment meeting before you apply unless you are exempt for some reason, such as domestic abuse. 

How to Apply for a Prohibited Steps Order

Initially, attend a mediation and assessment meeting (MIAM) to explore the possibility of resolving your dispute without going to court. This is a legal requirement unless you have a valid exemption, such as evidence of domestic abuse or urgency.

Next, complete an application form (C100) and submit it to the court, either online or in person. Additionally, you must pay a court fee of £232. Supporting your application with evidence, such as witness statements or medical reports. Also, indicate whether you are applying for the order with or without notice to the other party. Without notice, the other party is unaware of your application or invited to attend the hearing, which is only done in urgent or exceptional cases.

Following that, attend a hearing where the court will consider your application and decide whether to issue the order. During this process, the court will assess the welfare and best interests of the child, as well as the reasons for applying for the order. Furthermore, the court may request a report from a social worker or a Cafcass officer to assess the situation. As a result, the court may make a temporary order until a final decision is reached, and it may also require you and the other party to attend a dispute resolution appointment to attempt to reach an agreement.

Lastly, if the court grants the order, you must adhere to its terms and conditions. These specifications will outline the prohibited actions and their duration. Additionally, the order may include directions for review or variation. You must notify the other party of the order and provide them with a copy. It is also essential to inform anyone affected by the order, such as the child’s school or GP. If the other party violates the order, you can apply to the court for enforcement, and the court may impose sanctions, including fines, community service, or imprisonment.

We Can Help

Axis Solicitors can assist you with applying for or challenging a prohibited steps order and advising you on your rights and responsibilities as a parent or guardian. 

Let us assist you with:

• Applying for or defending a prohibited steps order
• Negotiating with the other party or their solicitor
• Preparing your case and evidence for the court
• Representing you at the court hearing
• Advising you on your rights and options
• Supporting you throughout the process

Furthermore, we can help you with other family law matters, such as divorce, child arrangements, domestic violence, and financial settlements. Axis Solicitors offers a free initial assessment.. 

Lastly, we understand how stressful and emotional these matters can be, and we will work with you to achieve the best outcome for you and your child.

Specific Issue Orders

Suppose you are a parent or someone with parental responsibility. In that case, you may face a situation where you must make an important decision about your child’s upbringing, but you cannot agree with the other person involved. For example, you may disagree on where your child should go to school, what medical treatment they should receive, what religion they should follow, or whether they should travel abroad with a relative. You may need to apply for a specific issue order in such cases.

A Specific Issue Order is a directive issued by a UK family court to address a particular question that pertains to or may arise concerning any aspect of Parental Responsibility for a child.

In cases of divorce or separation, one of the most common issues revolves around settling disputes related to child arrangements. Resolving these disagreements necessitates court intervention when the parties involved cannot decide independently. Under UK Family Law, the court issues a Specific Issue Order to facilitate the resolution of child custody and arrangement disputes that arise when couples part ways.

A Specific Issue Order carries significant weight, mainly in granting one parent the authority to make decisions without needing consultation with the other. 

For instance, a parent with a Specific Issue Order can independently decide on the following matters without involving their estranged partner:

• The choice of an educational institution for the child.
• The type of education the child will receive, whether secular or religious.
• The medical treatment and services the child will receive.
• The child’s place of residence or stay.
• With whom the child will interact.

Who Can Apply for a Specific Issue Order

Since matters involving children are delicate and require careful handling, not everyone can apply for a Specific Issue Order. Only individuals with parental responsibility are automatically eligible to apply for this order. 

Others who may apply include:

• The parent, guardian, or specific guardian responsible for the child’s care.
• Any individual mandated under the Child Arrangement Order to reside with the child.
• A step-parent with parental obligations towards the child.

For those without parental responsibility, applying to the court to obtain a Specific Issue Order is crucial.

Mediation

Before submitting your application, confirming that you have attended a Mediation Information and Assessment Meeting (MIAM), in-person or remotely, is crucial unless you meet the criteria for a valid exemption. A MIAM is a legal prerequisite and entails discussing mediation and alternative dispute resolution avenues to resolve your matter without court proceedings. However, be aware that exemptions apply for instances where there is evidence of domestic abuse, for example.

How to Apply for a Specific Issue Order

After completing mediation successfully, you must complete a C100 form to confirm your mediation participation. Once the C100 form is completed, you should engage your family solicitor to apply for a Specific Issue Order. The C100 form serves as a confirmation of your mediation completion.

To obtain a Specific Issue Order, a mandatory fee of £215 must be paid to the court unless you are eligible for a fee exemption. After submitting your application for a Specific Issue Order, you must attend a court hearing with the relevant parties involved. This typically includes a judge and a Children and Family Court Advisory and Support Services (CAFCAS) representative.

In certain circumstances, as previously mentioned, mediation may not be feasible. In such scenarios, you may need to apply for an urgent Specific Issue Order, and permission from your estranged partner may not be required for such an application.

When the court receives an application for a Specific Issue Order, it carefully evaluates various factors that may affect the decision. The primary consideration is the child’s welfare, with the court aiming to make a decision that ensures the best possible conditions for the child’s upbringing.

When reaching a verdict on the application, the court considers the child’s emotions, requests, needs, emotional well-being, and educational requirements. Other factors that are profoundly considered include the child’s gender, age, and background.

The court’s final decision prioritises the child’s best interests and well-being, and our Family Solicitors aim to convince the court that issuing a Specific Issue Order is in the child’s best interests.

For example, suppose one of the parents refuses to comply with mutually agreed terms or acts irresponsibly, endangering the child’s well-being. In that case, the magistrate may consider issuing a Specific Issue Order.

We Can Help

It is crucial to consult with a family and child law solicitor before pursuing legal action. Our experts at Axis Solicitors can provide valuable insights into your case, offering support to resolve issues outside the court. If litigation becomes necessary, our solicitors will provide the legal assistance you need to enhance your chances of success.