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When a divorce involves children or financial disputes that cannot be resolved amicably, court orders may be necessary. Here are some common types ... Child Arrangements Orders - Section 8 of the Children Act 1989 Care order: Granted by a court in the UK that gives the local authority (social services) parental responsibility for a child. Contact order: Specify the time the child will spend with the other parent. Emergency Protection Order: A very serious court order in the UK that allows a child to be immediately removed from their home or kept in a place of safety if they are believed to be in imminent danger of significant harm. Residence order: Determine where the child will live. Prohibited steps order: Prevent one parent from making certain decisions about the child's upbringing. Specific issue order: Address specific issues related to the child's upbringing, such as education or religious beliefs. Supervision order: Places a child under the supervision of the local authority social services for a specific period. Financial Orders - Section 24 of the Matrimonial Causes Act 1973 Financial remedy order: Sets out how a couple's assets will be divided & any on-going financial arrangements Spousal maintenance: Orders one spouse to pay financial support to the other. Child maintenance: Orders a parent to pay financial support for their child. Property adjustment order: Determine how property and assets will be divided. Pension sharing order: Divide pension entitlements between the spouses. Lump Sum order: These orders require one spouse to pay a lump sum of money to the other. Sale of Property order: These orders can force the sale of property, even if one spouse objects, to ensure a fair division of assets. Other Orders Non-molestation order: Prevent one spouse from harassing or threatening the other. Occupation order: Grant exclusive possession of the family home to one spouse. Enforcement order: Used to enforce other court orders.

A Prohibited Steps Order (PSO) is a type of court order in the UK that prevents a person, usually a parent, from taking specific actions related to a child without the court's permission. Think of it as a "stop order" designed to protect a child's welfare. What can a PSO do? It can restrict a wide range of actions, such as: Relocating a child: This includes moving the child to a different area within the UK or taking them abroad. Changing a child's surname: A PSO can prevent a parent from unilaterally changing their child's surname. Making medical decisions: It can prevent a parent from consenting to certain medical procedures or treatments for the child. Removing a child from school: A PSO can ensure a child remains in their current school. Taking a child on holiday: It can prevent a parent from taking a child on holiday without consent. Who can apply for a PSO? Anyone with parental responsibility for a child can apply for a PSO. This usually includes: Mothers Fathers Guardians People named in a Child Arrangements Order When are PSOs granted? Courts will only grant a PSO if it's in the child's best interests. This might be the case if there are concerns about: Child abduction Domestic abuse Unilateral decision-making by one parent Potential harm to the child Important: PSOs are serious legal orders. Breaching a PSO is a contempt of court and can result in penalties, including fines or imprisonment. If you are considering applying for a PSO or have been served with one, it's crucial to seek legal advice from a family law solicitor. They can guide you through the process and ensure your rights and the child's welfare are protected. Sources & Related Content https://support.dadsunltd.org.uk/portal/en-gb/kb/articles/prohibited-steps-order-pso https://childlawadvice.org.uk/information-pages/travel-and-relocation/#:~:text=Please keep in mind that,responsibility from travelling or relocating https://www.gnlaw.co.uk/news/prohibited-steps-orders/#:~:text=If one parent is seeking,the child's name being changed. https://www.weightmans.com/insights/prohibited-steps-orders-what-are-they/#:~:text=What is a prohibited steps,the permission of the court. https://nationallegalservice.co.uk/what-is-a-prohibited-steps-order/#:~:text=Such orders usually stop a,removing a child from school%2C https://www.elitelawsolicitors.co.uk/prohibited-steps-order/#:~:text=Issuance of the Prohibited Steps,it will issue the order. https://family-law.co.uk/services/children-family/prohibited-steps-order/ https://www.ellisonssolicitors.com/news/what-can-i-do-if-my-ex-breaches-a-child-arrangements-order/

This is a tricky situation, here's the breakdown of how Child Maintenance Service (CMS) calculations interact with Financial Remedy Orders Generally, No - But There Are Exceptions 12-month Rule: A Financial Remedy Order typically includes a clause about child maintenance. However, after 12 months, either parent can approach the CMS to calculate child maintenance. If this happens, the CMS calculation overrides the amount in the order. Why this exists: It's a safeguard to ensure children's needs are met even if circumstances change significantly. When the CMS Can't Intervene "Top-Up" Orders: If the court order specifies a child maintenance amount higher than the CMS would calculate, the CMS cannot get involved. This is often done when complex financial situations exist. Specific Circumstances: There are rare cases where the court might make a child maintenance order that's specifically designed to be outside the CMS's jurisdiction. This is unusual and requires strong justification. What if the CMS is Asked to Calculate? Potential for Increase: If the paying parent's income has increased significantly since the Financial Remedy Order, the CMS might calculate a higher amount. Not Always Higher: It's also possible the CMS calculation could be lower than the agreed amount, depending on circumstances. Important Considerations Variation of Orders: If circumstances change significantly, it's possible to apply to the court to vary the original Financial Remedy Order. This is separate from the CMS process. Legal Advice is Crucial: If you're facing a situation where the CMS might be asked to calculate, or if you want to vary an existing order, get legal advice from a family law specialist. If your ex is trying to use the CMS to increase the child maintenance payments you should Check your Financial Remedy Order: Does it have a standard child maintenance clause, or is it a "top-up" order? Seek Legal Advice: A solicitor can advise you on whether the CMS can intervene and what your options are, including potentially varying the order. It's important to act quickly and understand your rights and obligations. Sources and related content https://www.kingstreetsolicitors.co.uk/understanding-financial-remedy-orders/ https://www.thedivorcesurgery.co.uk/child-maintenance-calculations-and-the-cms/#:~:text=Any such Order would only,CMS for an updated assessment. https://www.thefamilylawco.co.uk/blog/children/what-you-need-to-know-about-child-maintenance/#:~:text=Whatever sum the CMS stipulates,Q.

A Child Arrangements Order is a legal document issued by a court in England and Wales that sets out the arrangements for a child whose parents are separating or divorcing. It replaces the older orders of residence and contact. What does it cover? With whom a child lives: This determines where the child's primary residence will be. It might be with one parent, or it could involve shared care where the child spends significant time with both parents. When a child spends time with each parent: This outlines the time the child spends with each parent, including overnight stays, holidays, and special occasions. Other types of contact: This can include phone calls, video calls, letters, and emails. Who can apply for a Child Arrangements Order? Parents with parental responsibility Other people with parental responsibility (e.g., guardians) Step-parents in certain circumstances Other relatives or individuals with a close connection to the child (but they may need the court's permission first) Why is it necessary? When parents can't agree on living and contact arrangements for their children. To provide a clear and legally binding framework for child arrangements, ensuring stability and consistency for the child. To ensure the child's welfare is the paramount consideration. How is it obtained? Mediation: Parents are encouraged to attend mediation to try and reach an agreement before going to court. Court application: If mediation is unsuccessful or inappropriate, an application can be made to the court. Court process: The court will consider the child's best interests, taking into account factors like their age, wishes, and any potential risks. Key principles: Child's welfare is paramount: The court's primary concern is the child's best interests. No presumption of equal time: There's no automatic assumption that children should spend equal time with each parent. Parental involvement: The court encourages both parents to be involved in their child's life, unless it's harmful to the child. Important: It's crucial to seek legal advice from a family law specialist to understand your rights and options regarding Child Arrangements Orders. Sources & Related Content https://www.gov.uk/looking-after-children-divorce/types-of-court-order#:~:text=A 'child arrangements order' decides,where your child lives https://www.elitelawsolicitors.co.uk/child-arrangement-order-guide/#:~:text=A Child Arrangement Order is most commonly issued to the,those parents separate or divorce. https://childlawadvice.org.uk/information-pages/explaining-the-legality-of-a-child-arrangements-order/#:~:text=A Child Arrangements Order is,child is to live%2C spend https://www.gov.uk/government/publications/dealing-with-issues-relating-to-parental-responsibility/understanding-and-dealing-with-issues-relating-to-parental-responsibility https://www.russell-cooke.co.uk/news-and-insights/news/what-are-the-legal-options-for-step-parents-who-want-to-formalise-their-relationship-with-their-step-children#:~:text=Another option for step-parents,to formalise the child's living https://mensadviceline.org.uk/legal-information/child-arrangement-orders/#:~:text=What are the benefits of,Court is the child's welfare. https://www.hepburndelaney.co.uk/what-is-a-child-arrangements-order/#:~:text=What is a child arrangement,the care of a child. https://helpwithchildarrangements.service.justice.gov.uk/going-to-court#:~:text=Step 2 Choose to hire a lawyer or represent yourself&A lawyer can be expensive,and represent you in court.

A Financial Remedy Order (also known as a financial order or a consent order) is a legally binding agreement made by a court in England and Wales during divorce or dissolution of a civil partnership. It sets out how a couple's assets will be divided and any ongoing financial arrangements. It covers the following ... Division of assets Property (family home, other properties, sometimes inherited property) Savings and investments (bank accounts, ISAs, shares) Pensions (often a significant asset, may involve pension sharing) Other assets (cars, artwork, valuable items) Financial support Spousal maintenance (regular payments from one party to the other) Child maintenance (payments for the financial support of children) When is it necessary? When a couple can't agree on how to divide their finances during a divorce or separation. To formalize an agreement reached between the couple, making it legally binding. How is it obtained? If an agreement is reached, it can be submitted to the court for approval as a consent order. If no agreement is reached, the court will make a decision after a series of steps, including: Form E: Financial disclosure by both parties. First Appointment: Preliminary court hearing. Financial Dispute Resolution (FDR): Attempt to reach an agreement with a judge's help. Final Hearing: If no agreement at FDR, a judge makes a final decision. Key Features Legally binding: Both parties must comply with its terms. Finality: Aims to provide a clean break and prevent future financial claims. Flexibility: Can be varied in certain circumstances (e.g., significant change in financial situation). Benefits Ensures a fair division of assets and provides financial security. Avoids future disputes by clearly outlining financial arrangements. Provides a clean break, allowing both parties to move forward. Important: It's crucial to seek legal advice from a family law specialist to understand your rights and options regarding financial remedy orders. Sources & Related Content https://www.gov.uk/money-property-when-relationship-ends/get-court-to-decide https://osborneslaw.com/blog/financial-remedy-order/#:~:text=A Financial Remedy Order is,other assets after a separation. https://anthonygold.co.uk/latest/blog/financial-settlement-in-divorce-guide https://www.fjg.co.uk/financial-remedy-order-affect-welfare-benefits/#:~:text=It can include provisions for,spousal maintenance%2C and pension sharing. https://www.brabners.com/insights/brabners-personal/a-guide-to-financial-remedy-proceedings#:~:text=Financial remedy proceedings are a,dissolution of a civil partnership. https://resolution.org.uk/looking-for-help/splitting-up/your-process-options-for-divorce-and-dissolution/representing-yourself-in-court-as-a-litigant-in-person/financial-applications/ https://www.weightmans.com/insights/a-guide-to-financial-remedy-proceedings/ https://www.kingstreetsolicitors.co.uk/understanding-financial-remedy-orders/#:~:text=The order states how the,fair settlement to both parties. https://mensadviceline.org.uk/legal-information/the-court-process-for-obtaining-a-financial-order/#:~:text=The only people present will,a solicitor or a barrister.

https://pinningtonlaw.co.uk/financial-settlements/pension-sharing/pension-sharing-order/ Includes What is a pension sharing order and how do I apply for one? What happens next? When is pension sharing a good idea? Negligence in divorces FAQs on pension sharing Useful links