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What are the different types of court orders in UK divorce ?
Noah W posted a topic in Court Hearings
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.- 1 reply
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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/
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