In the past, some courts have accepted requests for further order (in relation to Children Act proceedings) in position statements, orally during hearings, or in correspondence.
Some courts, and more so, will not accept an application for a further order during proceedings which does not adhere to court procedure. In the High Court, Sir Nicholas Mostyn pointed out in judgment that the onus is on the litigant-in-person (and those who are represented) to follow the correct procedure. Not doing so is a risk, and a risk which can be avoided!
Mostyn´s judgment can be viewed via the link below:
The need for further orders will depend on the nature of the case. Examples might include (but are not restricted to):
The procedure for making further applications during proceedings is set out in Part 18 of the Family Procedure Rules (this procedure can be viewed via the button below) and Practice Direction 18A:
You would use Form C2.
If you are using a solicitor, they will do this for you. Otherwise, download and complete Form C2. Print and sign sufficient copies of the form for each party and one for the court.
If, within your application, you introduce information which you intend to rely upon in evidence during proceedings, you must include a statement of truth in the form of:
"I [insert your full name] of [insert your home address] make this statement knowing that it will be placed before the court, and I confirm that to the best of my knowledge and belief its contents are true."
Check how much the court fees are (see our page on Court Fees), and either take a cheque, postal order or cash for that amount when you go to your local family court.
It will assist both you and the judge if you write a brief Position Statement. Try to keep the position statement to two to three pages, setting out briefly why you are applying for contact, and why you believe it to be in the children´s best interests. Be factual, and try to be objective in what you write, and the language you use.
A position statement is not essential, but it helps inform the judge, briefly and ideally succinctly, why you are applying for the order, and can assist you in court so you do not forget any points you wish to raise.
When seeking further order, you should complete a draft court order setting out what it is you want the court to do. See our Draft Court Order menu:
Before setting off for the court building, ensure you have with you:
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Michael Robinson © 2014
Family law information for parents whose children are resident in England and Wales
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