Legal & Court Advocacy

Family Law Act 1996:

An Occupation Order is a court order that regulates who can live in the family home. Key points include:

• It allows a person to live in the home without the abuser present.
   
• The order controls who can live in and enter the property, including its surrounding area.
   
• It can be used if your partner has changed the locks or is preventing you from entering your home.
   
• The order can clarify who is responsible for paying bills and the mortgage, or who can use specific parts of the house.
   
• It does not change the legal ownership or financial rights to the property.
   
• A judge grants the order and sets the specific conditions.

Section 8 of the Children Act 1989: 

A Child Arrangements Order is a court order that decides:

• Where a child will live
   
• Who the child can see and for how long
   

Key points include:

• It shares parental responsibility, allowing the person the right to make day-to-day decisions for the child (e.g., school trips), but it does not let them exclude others with parental responsibility from major decisions.
   
• Unless the court decides otherwise, the order lasts until the child turns 18.
   
• The child’s wellbeing is the court’s top priority. The court follows a "welfare checklist" considering the child’s needs, wishes, and the impact of any changes.
   
• The court usually requests a welfare report from CAFCASS (Children and Family Court Advisory and Support Service) or children’s services.

Section 8 of the Children Act 1989: 

A Prohibited Steps Order is a court order that stops someone (usually a parent) from taking certain actions regarding a child.

Key points include:

• It prevents specific actions such as removing a child from school, changing the child’s last name, or taking the child out of the country.
   
• The order restricts the person’s parental responsibilities in specific ways to protect the child’s best interests.
   
• The court decides how long the order will last, which can vary widely depending on the case.
   
• The duration can range from a few months to several years, based on what the court believes is best for the child.

Family Law Act 1996:

A Non-Molestation Order is an emergency injunction designed to protect victims of domestic abuse. Key points include:

• It stops the abuser from contacting you, either directly or indirectly.
   
• The order usually lasts up to 6 months, but can be extended to 1 year.
   
• If the order is broken, the abuser can be arrested.
   
• A judge decides whether to grant the order and sets its conditions.

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