A family court Order sets out arrangements related to a child’s upbringing, where parents, or those with parental responsibility (see below Parental responsibility) cannot agree, or it formalises an agreement about particular child arrangements.
Family court Orders are legally binding and the people named in them must, by law, follow the instructions in the Order.
Any Order will usually end when the child is 16, unless it is stated on the Order that it should last until the child is 18. A judge is unlikely to make an Order for a child who is 16 years old and will only do so in exceptional circumstances.
When the child reaches 16, they can decide for themselves when and how often they see the parent they do not live with or where they live.
When the child lives mainly with one parent, this parent has 'residence' (what used to be called custody). When the child regularly sees the other parent, this parent has 'contact' with the child.
Court Orders in family courts
This short animation gives a brief introduction to family court Orders.
Types of family court Orders
A judge makes a family court Order.
When an application for an Order has been submitted to the court, a judge has the authority to make an interim Order during the proceedings to ensure some action or activities are taken by the parties while the case is being heard.
At the end of the case, a judge may also issue a final Order.
Remember the final Order can be the Order applied for but it can also be another Order, or the judge can make no Order at all.
See How judges decide arrangements for the child.
Here is a list of court Orders that can be applied for and made at the family court.
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Consent Order
A Consent Order makes an agreement reached between parents legally binding.
For example, you can apply for a Consent Order to make agreed child arrangements (see (Agreeing child arrangements) legally binding, or if you have agreed with the other parent on residence and contact, you can ask a judge to make it a court Order.
Which form?
Form C1 if there are no existing proceedings. See Applying for an Order or Quick links to court forms.
Form C2 if there are existing proceedings. See Applying for an Order in ongoing proceedings or Quick links to court forms.
Always check you are using the correct form for the correct level of court.
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Contact Order
A Contact Order sets out how the child has contact with the parent the child does not live with. For example, if the father does not live with the child but wants to see the child regularly, the father can ask the court to make a Contact Order to decide when they can spend time together.
A Contact Order requires the parent who lives with the child to make the child available for contact with the person named in the Order.
Other people, depending on their relationship with the child, may be able to apply for a Contact Order- see Who can apply to the family court?
The Order will last until the child is 16 years old or, in exceptional circumstances, 18 years old. It can be varied or cancelled – known as discharged – by making a new application to court.
There are three main types of contact: direct, supervised and indirect:
- Direct contact means spending time with the child. It includes the child staying overnight, going somewhere together for a few hours or visiting one parent at their home.
- Supervised contact means spending time with the child in the company of a responsible person, for example, in a contact centre.
- Indirect contact means being in touch through the phone, email, SKYPE, letters or cards, etc
Which form?
Form C1 if there are no existing proceedings. See Applying for an Order or Quick links to court forms.
Form C2 if there are existing proceedings. See Applying for an Order in ongoing proceedings or Quick links to court forms.
Always check you are using the correct form for the correct level of court.
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Residence or Shared Residence Order
A Residence or Shared Residence Order sets out where the child lives until they reach the age of 16 - residence used to be called custody. For example, if the parents cannot agree which parent the child should live with, they can ask the court to make a Residence Order to decide what is best for the child. The Order can be for residence with one parent or for shared residence between the two parents.
Other people, depending on their relationship with the child, may be able to apply for a Residence Order - see below Who can apply to the family court?
The Order ends when the child reaches the age of 16.
The Order becomes invalid if the parents have been living together for six months and appear to have reconciled.
It can be varied or cancelled – known as discharged – by making a new application.
Restrictions
New names
If a Residence Order is still in force (that is, ongoing) then the child cannot be known by a new surname without the written permission of every person who has (or is applying for) parental responsibility – see Parental responsibility.
Travelling abroad for more than one month
A resident parent is allowed to take the child abroad for up to a month without the permission of the other parent or court.
A contact parent is not allowed to do take the child abroad for more than one month unless they have the written permission of the resident parent or have a Specific Issue Order by the court.
Which form?
Form C1 if there are no existing proceedings. See Applying for an Order or Quick links to court forms.
Form C2 if there are existing proceedings. See Applying for an Order in ongoing proceedings or Quick links to court forms.
Always check you are using the correct form for the correct level of court.
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Specific Issue Order - SIO
A Specific Issue Order settles a specific question about how a child is being brought up.
This could include issues regarding their education or schooling, medical treatment, their name, holiday or travel, preventing a person from having contact with the child.
For example, if the parents cannot agree which school a child will go to, an application for a Specific Issue Order can be made to decide what is best for the child.
Only when parents cannot agree on the matter should an application for a Specific Issue Order be made.
A parent or person with parental responsibility for the child can apply for a Specific Issue Order– see Parental responsibility.
Which form?
Form C1 if there are no existing proceedings. See Applying for an Order or Quick links to court forms.
Form C2 if there are existing proceedings. See Applying for an Order in ongoing proceedings or Quick links to court forms.
Always check you are using the correct form for the correct level of court.
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Prohibited Steps Order - PSO
A Prohibited Steps Order stops a parent from carrying out an action in connection with their parental responsibility for a child – see Parental responsibility.
The action to be stopped might relate to the child’s education or schooling, medical treatment, their name, holiday or travel, preventing a person from having contact with the child.
For example, if one parent wants to remove a child from school and the other parent disagrees, the court can be asked to make a Prohibited Steps Order to prevent the child being removed from school.
A parent or person with parental responsibility for the child can apply for a Prohibited Steps Order.
Restrictions on applying
A Prohibited Steps Order will not be made where the issue can be dealt with by the application for contact or residence.
A Prohibited Steps Order will not be made if the applicant has lived with the child for at least three years before the application – the three years need not have been continuous but must be within the last five years. If the individual applicant falls into these categories, they can apply for a Contact or Residence Order, depending on the circumstances.
A Prohibited Steps Order cannot be made if the child is over 16 years old (except in exceptional circumstances).
Which form?
Form C1 if there are no existing proceedings. See Applying for an Order or Quick links to court forms.
Form C2 if there are existing proceedings. See Applying for an Order in ongoing proceedings or Quick links to court forms.
Always check you are using the correct form for the correct level of court.
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Parental Responsibility Order
A Parental Responsibility Order gives a parent or other people rights and responsibilities towards the child, such as providing a home, making sure they are safe and healthy.
It is a formal recognition of their responsibilities towards bringing up the child and of their rights to be involved in major decisions affecting the child. These include decisions about schooling, religious upbringing, medical treatment, change of the child’s name, and decision to emigrate.
For a more detailed explanation of parental responsibility - see Parental responsibility.
Which form?
Form C1
See Applying for an Order or Quick links to court forms.
Always check you are using the correct form for the correct level of court.
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Article 179(14) Order
An Article 179(14) Order requires the person named in the Order to apply for permission to make an application to either the Family Proceedings Court or the Family Care Centre for the period of time given in the Order.
Who can apply for or recommend an Article 179(14) Order?
A judge may make an Article 179(14) Order even if neither of the parties applied for one.
A party to a case can apply for an Article 179(14) Order to be made.
A Court Children’s Officer and other professionals involved with the case can also recommend a judge to consider making an Article 179(14) Order against one or other of the parties.
When would an Article 179(14) be made?
A judge may make an Article 179(14) Order when they:
- believe that the parties are hostile and may make or have made repeated applications to the court in bad faith; or
- decide that the parties need a break from litigation to let the arrangements made for the child settle; or
- decide it is beneficial for the child that there are no new applications for a period of time; or
- believe that applications are being made without any valid legal basis.
Unrepresented litigants who are believed to making multiple, baseless applications can have an Article 179(14) Order made against them by the judge.
This Order does not prevent new applications. It means that permission from a judge is required before a new application can be made. If the application has a valid legal basis, a judge can allow another application.
An Article 179(14) Order usually states a time period for the Order. After this period, the Order expires and permission to make an application to the court is no longer required.
Parties should be told by a judge that an Article 179(14) Order is being considered, especially when they are self-representing. A lack of notice may be a basis for an appeal of the Order.
Parties can raise the issue of an Article 179(14) Order with the judge during proceedings or in the documents submitted to the court.
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Penal Notice
A Penal Notice is a warning to the person named in it that not following an existing Order may be punishable by imprisonment.
If a judge believes an existing Order will not be complied with, they can attach a Penal Notice to the Order without an application from one of the parties.
Which form?
Form C1 if there are no existing proceedings. See Applying for an Order or Quick links to court forms.
Form C2 if there are existing proceedings. See Applying for an Order in ongoing proceedings or Quick links to court forms.
Always check you are using the correct form for the correct level of court.
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An Order in existing proceedings
Ongoing proceedings, also known as existing proceedings, are when an application has been made for an Order and the case has been listed for hearing but no final decision or court Order has been made.
During ongoing proceedings, either party can apply for one of the Orders listed here, alongside or in addition to the Order applied for in the original application. For example, if a parent is applying for a Contact Order and then wants to prevent the other parent from moving the child to a new school, they can apply for a Prohibited Steps Order during the contact proceedings.
Which form?
Form C2.
See Applying for an Order in ongoing proceedings or Quick links to court forms.
Always check you are using the correct form for the correct level of court.
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An Order to be joined as a party to proceedings
A judge can give an Order for a person to be included in proceedings which they are not automatically involved in. For example, a step-parent, a grandparent or a person who the child has been living with for at least 3 years during the last 5 years, including during the last 3 months.
Which form?
Form C2.
See Applying for an Order in ongoing proceedings or Quick links to court forms.
Always check you are using the correct form for the correct level of court.
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Permission to apply for a court Order
If a person is not automatically allowed to apply for the Order, they can apply for permission to apply for an Order - see Who can apply to the family court?. These people include a step-parent, a grandparent or someone who the child has been living with for at least 3 years during the last 5 years, including during the last 3 months.
Which form?
Form C2.
See Asking for permission to apply for an Order or Quick links to court forms.
Always check you are using the correct form for the correct level of court.
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Removal from jurisdiction Order
A judge can give a court Order allowing a child to be taken to another country for a short time or longer-term. For example, if a parent wants to move with the child outside the UK and the other parent does not agree, they can apply for a court Order which gives permission.
However, granting a decision depends on many factors: the length of time, existing contact arrangements with the other parent and other personal circumstances.
Which form?
Form C1 if there are no existing proceedings. See Applying for an Order or Quick links to court forms.
Form C2 if there are existing proceedings. See Applying for an Order in ongoing proceedings or Quick links to court forms.
Always check you are using the correct form for the correct level of court.
Not sure which Order
If you are not sure which Order suits your situation, use the Pathfinder tool for guidance or get independent legal advice.
Most of the Orders are under Article 8 of The Children (Northern Ireland) Order 1995.
When to apply for an Order
During on-going proceedings, either party can apply for one of the Orders listed here, alongside or in addition to the Order applied for in the original application.
For example, if a parent is applying for a Contact Order and then wants to prevent the other parent from moving the child to a new school, they can apply for a Prohibited Steps Order during the contact proceedings.
Which form?
Form C2.
See Applying for an Order in ongoing proceedings or Quick links to court forms.
Always check you are using the correct form for the correct level of court.
Application fees
It is important to remember that there is a fee for applying for a court Order - see Court fees.
You may be exempt from paying the fee depending on your circumstances - see the Department of Justice Court Fees and scroll down to Exemption and Remission of Fees.