Emergency Hearings
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When is it most common to apply for an emergency hearing?
How do I apply for an emergency hearing?
What level of court should I apply to?
What do I do if it is a weekend or a bank holiday?
What is likely to happen next?
What is an emergency
hearing? <Back to Top>
An
emergency hearing is one heard on the same day as an application is made. It is
also known as an ‘abridged hearing’.
When is it most
common to apply for an emergency hearing? <Back to Top>
You
would apply for an emergency hearing in an emergency situation. This might
include if there is an imminent risk of the children being removed from the
court’s jurisdiction without your consent (e.g. removal abroad) or if the
children are to be imminently moved some distance from the other parent without
prior warning, which will disrupt existing contact/shared residence
arrangements and involve a move from school and disruption to the child’s life
which you believe will be harmful (see also our guide on Applying for a
Prohibitive Steps Order). Other circumstances would include if the children
were at risk of significant harm (see also our guide on Applying for an Applying
for an Emergency Protection Orders). It may be that you believe your child
needs emergency medical treatment, in which case you would be applying for a
Specific Issue Order (see also our guide on Applying
for a Specific Issue Order).
It
may be that your ex-partner has disappeared with the children (see also our
guide on Applying
for a Seek and Find Order). In such circumstances, we also recommend you
read our guide on Domestic
Child Abduction.
It
may simply be that you have a holiday planned and your ex-partner refuses
contact at the last moment. On this last example, we would urge some judgment
on whether an emergency application is warranted. If you are due to take the
children away, this has been planned for some time and your ex was aware, and
you have incurred costs for travel and accommodation, your reasons for making
an emergency application are more likely to be accepted. If the children were
simply due to come over and stay with you, it is unlikely that the court will
agree to hear the case that day (see also our guide on Contact
Orders – Warning Notices and Enforcement).
Sadly,
the court will not view matters as an emergency if contact otherwise ceases, or
if parents simply wish to resolve matters quickly following separation. In such
circumstances, paperwork should be filed with the court in the way set out in
our other guides and the court will notify you of a date for a directions
hearing. In such circumstances, the court will normally expect you to attempt
mediation (see also our guide on Mediation).
How do I apply for an
emergency hearing? <Back to Top>
Be
sure on what orders you want the court to make and complete the necessary
paperwork. Again, refer to the relevant guide depending on what type of order
you wish the court to make. When completing the application form, ensure that
you explain you want an ‘Abridged Hearing’, and briefly set out the reasons
why. If you have time, include a position statement giving the judge a little
more background information and setting out your concerns and the order that
you want the court to make. Keep this fairly brief, and ideally, no more than
3-4 pages. See also our guides on Writing a Position Statement and download our Template
for a Position Statement.
Get
to the court early. Ideally, be there for 9am when the court opens, and take
the forms to the court’s administration department. Make sure that you also
tell the court staff that you need an abridged hearing and ask that the
application form (and your position statement if you have written one) is
placed before the judge immediately.
What level of court
should I apply to? <Back to Top>
In an emergency
situation, we recommend you should apply to the county court rather than the
family proceedings court.
If there is a risk that
the children might be imminently removed abroad, apply to the High Court and in
your application also ask that the court Tipstaff are directed to seize the
children’s passports and that an ‘all ports bulletin’ be made. Tipstaff are officers of the High Court.
What do I do if it is
a weekend or a bank holiday? <Back to Top>
If
it is a weekend or bank holiday, your local family court will be closed. If the
children are at risk of significant harm, call the police, and you should
consider this as an option if any delay caused by applying to the court may
place the children at greater risk. The police, if they find that the children
are at risk of harm, can take the children into protective custody. This may
not mean that the children come to stay with you, as social services will then
get involved. That said, the children’s safety must
come first.
If
your ex has disappeared with the children, and you do not believe them to be at
risk of harm, wait until the court opens, and apply for a seek
and find order and any other orders that you want the judge to make (e.g.
orders for contact
or residence).
In
the event that the children are at risk of imminent removal abroad without your
consent, e.g. before you could otherwise apply to the court and leave the court
sufficient time to act, we recommend you telephone The Principle Registry of
the Family Division on 0207 947 6000 and ask to speak to the duty judge,
explaining your situation. Again, be clear as to why you are making an emergency
application and on what you want the court to do e.g. make a prohibitive steps
order preventing the children from being removed from the country, asking that
the children’s passports be seized, and that an ‘all ports bulletin’ be made.
What is likely to happen
next? <Back to Top>
In
an emergency situation, a judge has the power to make an immediate order. This
is likely to be a temporary or ‘interim’ order, since the court will wish to allow
the other side (normally the other parent depending on the circumstances) to
defend themselves against any allegations you made which led to the order being
made on an emergency basis. In such circumstances it is likely that a further
hearing date will be set. Again, normally 14 days’ notice is required prior to
a hearing to serve paperwork on the other parties, although the judge can
‘abridge’ this time period and set a hearing date sooner if the circumstances
make this appropriate.
The
court may decide the matter is not urgent, and require you to arrange mediation
prior to applying to court. Depending on the circumstances, the court may order
that the police and/or social services check on the children prior to making
any order.
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where you can ask our team of experienced support staff questions about family
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