When serious family issues arise, such as domestic abuse or concerns about potential child abduction, Slater and Gordon’s experienced family court order solicitors can help you secure the appropriate family court order to protect you and your family.
A family court order is a ruling or judgement made in a family court instructing one or multiple parties on how a certain situation should be handled, or to prevent a party from acting in a particular manner.
There are several different types of court order that could be imposed, including court orders for child custody, visitation rights and divorce settlements. They can also handle more serious matters, protecting you from the use of violence, intimidation or harassment from family members. In all cases involving a child or children, it's their welfare that's considered the top priority.
What are the different types of family law court orders?
Family court orders cover a wide range of issues and family law matters, including child arrangements, divorce and financial settlements, and injunctions that protect individuals where there is a risk of harassment, intimidation or physical violence.
Child court orders
The courts can decide to enforce various family court orders concerning children if it is deemed that this could be necessary to protect the child’s health and welfare. This will always be the court’s top priority when discussing any child arrangements.
These court orders include:
Child arrangement order: this sets out the living arrangements for children when their parents separate and should include details of with whom the child will primarily reside, when and how long they will see their other parents, and whether this time should be supervised.
Child maintenance order: this determines the financial support one parent must provide the other for their child’s upbringing. It can include regular payments, as well as other financial contributions.
Specific issue order: this can be used where two parents both have parental responsibility and disagree on an aspect of their child’s upbringing, such as schooling or religious upbringing. The court can make a ruling that determines what should happen.
Prohibited steps order: this prevents a parent from taking a specific action, such as removing their child from the country or changing their name, without the other parent’s consent.
Emergency protection order: these orders are only ever used in grave circumstances where there is an immediate risk to a child’s safety and gives social services or the police the authority to immediately remove the child from a dangerous environment and relocate them to a safe place. The applicant of the order is given temporary parental responsibility for the child for up to 8 days, though this can be extended to 15.
Divorce financial orders
If you and your ex-partner are going through a divorce, there may be elements on which you disagree. Divorce orders can set out a ruling by a judge on various matters including, but not limited to:
Spousal maintenance order: this will determine whether one spouse should pay maintenance to the other. This occurs where one spouse finds themselves in a far worse financial position than the other, perhaps due to giving up work to raise children.
Pension-sharing order: as with maintenance orders, it could be that one spouse has had the opportunity to build up a much bigger pension fund than the other due to the amount of time they've spent in work. In this case, a family court can decide whether the larger pension fund needs to be divided.
Clean break order: this is a family court order that allows divorcing or already divorced couples to terminate their financial obligations to each other. When granted, it means neither person can make a financial claim against the other in future.
Injunctions
A court can grant injunctions where there is a risk of harassment, intimidation or physical violence to protect you from a family member. Such injunctions include:
Non-molestation order: this prevents your partner or ex-partner from contacting you, harassing or pestering you. It can also prevent them from coming within a certain distance if you don't live together.
Occupation order: this stops your partner or ex from continuing to live with you where harassment or threats of violence are considered severe. These orders are not granted lightly, particularly if your partner is the joint owner of your home, but where the threat is serious, the court can impose this as a means of protecting you.
How long do family court orders last?
There are many different types of court orders that can be enforced for a wealth of reasons. This inevitably means that the length of time a court order can last will vary depending upon the circumstances.
Some court orders – such as an emergency protection order – are designed to implement a short-term solution to address an immediate danger or risk. These orders typically last days or weeks at most.
Other court orders have a definitive end-date. For example, a child arrangements order is usually enforced until the child turns 16 years old, particularly in the case of any rulings made on ‘contact’ with the child. Strictly speaking, rulings made on where and who the child resides with are legally binding until the child turns 18, though the courts are often reluctant to enforce rulings beyond the age of 16 unless there are exceptional circumstances.
Finally, there are a handful of court orders that can be open-ended or even permanent. Final orders in a divorce are a good example of permanent court orders, where orders such as spousal maintenance can be left open-ended.
Is a family law court order legally binding?
Yes, family court orders are legally binding, meaning all parties involved must observe the outcome of the ruling and any instruction set out in the order.
Breaching a legally binding court order can have serious consequences, particularly where breaches are persistent, repeated, or made without a genuine and reasonable excuse. Consequences can include financial penalties such as fines or payment of the other party’s legal fees, the seizure of assets, community service (unpaid work), or in extreme circumstances, imprisonment for up to two years if found to be in contempt of court.
The court also has the power to change the contents of a court order in response to a breach. For example, if a parent goes against a child arrangements order to block contact with the child, the court has the power to reverse any current arrangements, which could mean that the child’s primary residence changes to the other parent.
When can I apply for a court order?
To implement a court order, you will usually need to make an application to the courts, detailing why you require the order and providing any necessary evidence to support your case.
For many court orders, including child-related or financial orders, you will need to attend a mediation meeting, known as a Mediation Information & Assessment Meeting (MIAM) to try and settle the issue without the need for a court hearing.
If mediation is unsuccessful, you will likely need to provide evidence that it was attempted prior to your application to the court for a court order.
There are some court orders that can be applied for urgently. This includes emergency protection orders (used to remove children at immediate risk from dangerous environments) and non-molestation orders (which prevents a partner or ex-partner from contacting you or coming within a certain distance if there is a risk of harassment, intimidation, or physical violence).
Can I appeal a family court order?
Yes, you can appeal a family court order. However, this can only be done if certain criteria are met.
First and foremost, to make an appeal, you must be able to evidence that the judge made a mistake when they made their original ruling. It could be that they applied the law incorrectly in your case, the correct procedure was not followed, or that their decision was unjust due to a serious irregularity.
An appeal cannot be made on the basis that you disagree with the outcome.
In most cases, you will also need to get permission from the court to make an appeal, and this must be done within a strict timeframe. Deadlines can vary depending upon the court order: for instance, the time limit is usually 21 days for final orders.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint.
C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued.
B L (family and personal matters case)
If you are thinking about applying to the court for a court order, or if your partner has obtained a court order you wish to appeal, it can be difficult to know where to turn for the right advice and support.
Our industry-leading team of family court order solicitors have extensive experience in supporting clients in this area and can provide the expert legal guidance and reassurance you need.
We are on hand to provide:
Leading legal advice, including your rights, the options available to you, and any relevant laws that could impact your case
Expert negotiation and mediation to protect your rights and secure the best possible outcome for you and your family
Managing the process and drafting documentation to ensure all court requirements are fulfilled, deadlines are met, and communication with other parties is upheld smoothly
Whatever your circumstance, our team are here to guide you from day one through each and every step, so you can rest assured that your case is in good hands.
Why choose Slater and Gordon’s family court order solicitors?
Each family is unique, which is why we tailor our advice to suit your family's needs and strive to secure the best outcome for you. Slater and Gordon's team of family court order solicitors have the empathy and the expertise you need at this difficult time.
We are ranked in the independent legal directory Chambers and Partners and in the Legal 500, showcasing our dedication to providing outstanding family law services
Many members of our family law team have also been individually recognised in the Legal 500
We are Lexcel accredited, which was introduced by The Law Society as a quality mark for client cases, practice management and legal compliance
We pride ourselves on finding amicable solutions where possible, while ensuring your rights and interests are protected throughout the legal process to achieve the best outcome for you and your family
We’re proud members of Resolution, an organisation of family justice professionals committed to promoting a constructive approach to family issues that considers the needs of the whole family
We have dedicated family offices nationally, including Manchester, Wirral, Liverpool and London, bringing national expertise to your doorstep.
We're an award-winning law firm and have a dedicated team of family court order solicitors to advise and guide you – no matter how complex your situation is.
Affordability and advice
We offer affordable, expert legal advice on divorce and child arrangements. Book a consultation for clear guidance and next steps. Our initial consultation costs £150 for 45 minutes.
Tailored advice
We understand that family situations differ – so we provide tailored advice and guidance to suit your individual needs.
Local access
We're a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
It is possible for a family court order to be changed and in some cases, changes may even be encouraged. This could be due to a significant change in circumstances, such as one party becoming serious ill or disabled, that could mean that the original agreement no longer works.
Changes to a court order will usually require agreement from both parties, which involves further mediation and a new application to the court which details why an updated order is needed.
Can a family court order be overturned?
There are two ways in which a family court order may be overturned – either through an appeal to the court (this must usually be done within a strict timeframe) or by applying for a variation to the order.
In both circumstances, you must have valid legal grounds to make the application, such as evidence that the judge made an error in the application of the law in your case or a significant change in circumstance which means the current court order is no longer workable.
You cannot apply for a variation or an appeal on the basis that you disagree with the terms of the court order.
What happens if a family court order is breached?
Breaching a court order is a very serious matter which can lead to severe consequences, particularly if the breach is persistent, repeated, or made without a reasonable excuse (such as medically documented illness).
The penalties for breaching a court order vary in severity and include:
changes to the terms of a court order, potentially to the detriment of the party found to be in breach of the current ruling
financial penalties, such as fines or court orders to pay any legal fees the other party has incurred due to the breach
community service (unpaid work)
the seizure of assets
imprisonment for contempt of court for up to two years (for the most serious or repeated breaches)
Are family court orders public record?
In most cases, family court orders are confidential and not made public record to protect individual’s privacy. However, since 2025, the government has allowed some journalists and legal bloggers to attend and report on family court hearings in England and Wales.
It follows a judiciary-led pilot scheme that found the family justice system should be more open and transparent, and that by allowing increasing reporting, the public could better understand how the courts work.
Any reporting must ensure that personal data is anonymised to protect the privacy of individuals and their families. If the court decides to allow journalists and legal bloggers to report on your case, they must send you a transparency order, which will detail what can and cannot be reported.
Only select journalists and legal bloggers may report on a family court case. No other individual can publish information publicly.
What is a consent order in family court?
A consent order is a type of family court order used in divorce proceedings. Sometimes referred to as a divorce consent order, it sets out an agreement between the divorcing parties regarding how finances and martial assets should be divided.
Consent orders are typically drafted by solicitors during divorce proceedings and must be signed by both parties before being submitted to the court. A judge will review the order to ensure the agreement reached is fair and meets the needs of both parties. If the judge does not believe the agreement is fair, they may send it back and instruct the parties to renegotiate. If they are satisfied with the agreement, the consent order will be approved, making it legally binding and enforceable by law.
Who enforces family court orders?
In most cases, the family court itself will enforce any court order it has granted, though for financial orders, bailiffs also have the power to seize assets where money is owed.
If a family court order has been breached, the other party in the order will often need to apply to the court for an enforcement order. The court will review the application and, if it is satisfied that there is no reasonable excuse for the breach (such as ill health), it can impose a variety of different penalties, including fines, community service orders, variations to the original court order, or a prison sentence for contempt of court in the most serious cases.
How long does it take to get a court order?
This will depend upon the type of court order you are applying for. Many family court orders concern complex matters that require discussion, negotiation and cooperation between both sides, such as financial matters in a divorce or child arrangements between separating parents.
Some orders also have fixed time limits or imposed periods of reflection. For instance, there is a mandatory 20-week cooling off period following a conditional order before a divorcing couple can apply for a final order.
However, for urgent cases (such as emergency protection orders), applications can be handled in a matter of days.
Do court orders have to go to court?
Yes. A court order must have been through the family court and been approved by a judge to be legally binding.
A court order can be granted without the need for a full court hearing where the involved parties can reach an agreement, though you will still need to apply to the court to review and grant the order to make it official.
Keep in mind that when reviewing a court order, the judge will be looking to ensure that the agreement is fair and equal to both sides and that the welfare of any children involved in protected and prioritised. If they have any concerns that this is not the case, they may refuse the application and instruct the parties involved to update the agreement to remedy any issues found.
How do I report a breach of a family court order?
To report a breach of a family court order, you will need to make an application to the court. This will involve completing and submitting a form to the court for an enforcement order, which will enable the court to take a number of actions to either remedy the situation (such as the seize of assets for non-payment of money owed) or penalise the breach.
It is worth noting that there are cases in which breaches occur due to unavoidable circumstances. For instance, if your ex-spouse is suffering from ill health and is unable to work, they may not be able to pay court-mandated spousal or child maintenance.
If a breach of a family court order has occurred, it is best to attempt to speak to the other party in the first instance to understand why it has happened and if a solution can be found without taking court action. If this is not possible, or the breach is severe and puts the safety of your child or children at risk, you can seek legal support from the court.
At what age does a child court order finish?
Typically, child arrangement orders will end when the child turns 16 or 18 years of age. Orders mandating contact (such as visitation orders) will generally end at 16 years of age, while orders concerning residency (that is, which parent the child should live with) will legally end at the age of 18.
That being said, the courts typically won’t enforce any child arrangement order beyond the age of 16 unless there are concerns for the child’s welfare or exceptional circumstances.
How do courts assess parental capability?
When considering the implications of any child arrangement order, the court may decide to assess parental capability to ensure that one or both the child’s parents are able to meet the child’s needs, both physically and emotionally.
This could involve meeting with social workers, psychologists, and other experts, and will consider any influencing factors such as the availability of support networks, mental health, and substance abuse.
The aim of these assessments is to ensure that any agreement reached within a child arrangement order meets the needs of a child and is in their best interest.
How much does a court order for child access cost?
The cost of a court order can vary as many order, particularly those involving child arrangements, will involve discussions and negotiations with the other party to enable an agreement to be reached.
At Slater and Gordon, we understand that cost can be a significant factor when speaking to a family solicitor. This is why we offer a range of different solutions to meet people’s needs, from a fixed-fee initial consultation to clear and transparent pricing for more complex issues.
To speak to one of our leading family court order solicitors or to learn more about how we can help you, call us on 0330 041 5869 or get in touch online.
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For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint. C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf. J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued. B L (family and personal matters case)