There are a number of reasons why you might seek an emergency order and you will be required to explain your reasons for the urgency when making your application to Court. The Court will generally only hear your case urgently if they consider that any delay in hearing the application would risk causing the children significant harm, whether that be physically, emotionally or psychologically.
Without Notice applications
It may be that you need an emergency order to ensure the safety of you and the children but you are worried that if the abuser finds out you have applied for that order, it would place you and the children in a very vulnerable position and even greater risk of danger. If this is the case, we can ask the Court to hold an emergency hearing without notice to the abuser. The judge will hear your case and can make an order protecting you and the children without the abuser attending or even knowing about your application. The abuser will be served a copy of the order once you and the children are safe.
Prohibited Steps Order and Specific Issue Order
A Prohibited Steps Order prevents a person from taking a particular step in relation to a child and a Specific Issue Order allows you to take certain action in relation to an issue. You may need to apply for an emergency Prohibited Steps Order if, for example, you are concerned that your children are at risk of being abducted by the other parent and/or you want to stop them from fleeing the country with the children. At the same time, you should also notify the passport office and the police so they are aware and can provide assistance if necessary.
If the children live with you and the other parent wrongfully retains the children after spending time with them, you can ask the Court for an emergency Specific Issue Order that directs the other parent to immediately return the children to your care.
What will the Court consider?
In all applications regarding children, the children’s best interests are the Court’s paramount consideration. The Court will consider the following factors when deciding whether the emergency order applied for is in the best interests of the children:-
- The children’s wishes and feelings (having regard to their age and understanding)
- The children’s needs
- The effect any change of circumstances would have on them
- The age, sex and background of the children
- Any harm the children may suffer or be at risk of suffering
- How each parent can meet the children’s needs