Injunctions

Injunctions

If you are in a situation where you need to protect yourself or your children from domestic abuse, harassment, or violence, you can apply for an injunction. An injunction is a court order that can stop someone from doing something or make them do something. 

Frequently Asked Questions (FAQs)

A prohibited steps order is a type of court order that prevents a parent or guardian from taking certain actions regarding a child without the consent of the other parent or guardian. For example, a prohibited steps order can prevent a parent from taking a child out of the country, changing their name, or enrolling them in a different school.

You can apply for a prohibited steps order if you have parental responsibility for a child and you are concerned that the other parent or guardian is planning to do something that would harm the child’s welfare or interfere with your rights as a parent. You can also apply for a prohibited steps order if you are a relative or a person with whom the child has lived for at least three years and you have the court’s permission to apply.

To apply for a prohibited steps order, you need to fill in a form called a C100 and submit it to the family court. You also need to pay a fee of £232, unless you are eligible for a fee exemption or remission. You may also need to attend a mediation information and assessment meeting (MIAM) before you apply, unless you are exempt from this requirement. You can find more information about how to apply for a prohibited steps order on the government website.

The court will consider the best interests of the child as the paramount consideration when deciding whether to grant a prohibited steps order. The court will also take into account the following factors:

  • The wishes and feelings of the child, depending on their age and understanding
  • The physical, emotional, and educational needs of the child
  • The likely effect of any change in the child’s circumstances
  • The child’s age, sex, background, and any other relevant characteristics
  • Any harm or risk of harm that the child has suffered or is likely to suffer
  • The capability of each parent or guardian to meet the child’s needs
  • The range of powers available to the court

The court will also consider the nature and urgency of the issue, the evidence provided by both parties and the proportionality of the order. The court will only make a prohibited steps order if it is necessary and proportionate to do so.

An occupation order is a type of court order that regulates who can live in the family home or a certain part of it. An occupation order can also restrict a person from entering or coming near the home or a certain area around it. An occupation order can be used to protect a person from domestic abuse or violence or to settle a dispute over the living arrangements between separated or divorced spouses or partners.

You can apply for an occupation order if you have a legal right to live in the home, such as being the owner, the tenant, or the spouse or civil partner of the owner or tenant. You can also apply for an occupation order if you do not have a legal right to live in the home but you are married or in a civil partnership with the person who does, or you have lived with them as a couple for at least six months in the last year. You can also apply for an occupation order if you are a former spouse, civil partner, or cohabitant of the person who has a legal right to live in the home or if you are a relative of the person who has a legal right to live in the home and you have lived with them for at least 12 months.

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