|
Emergency Applications for Instances Concerning Children
There are occasions when an application to the court has to be made on an emergency basis as the issues involved relating to the child cannot wait to be heard in the normal court timescales. If a child has not been returned to the parent who has care and control of the parent after contact or there is serious risk of harm to a child if the child is returned to a parent or carer or a serious risk that a child will be removed from the country an emergency application can be made. If a child has not been returned to the parent who has care and control of the parent after contact for no good reason an application can be made for the child to be returned to the carer and a residence order can be made ordering the other parent to hand the child over. Such orders can be obtained almost immediately although there must be sufficient reasons for making the application on an emergency basis as the court will have a hearing on an ‘ex parte’ basis which means only one parent is present and will make the order for a short duration with a further hearing being listed where both parents must attend. In certain circumstances the court may decide to prevent a parent from doing something which a parent e.g. prevent the parent from taking the child abroad if there is a risk that the parent will not return.. A prohibited steps order may be necessary to prevent a parent from taking a step which would damage the relationship with the other parent. An application for a prohibited steps order can also be obtained almost immediately although there must be sufficient reasons for making the application on an emergency basis as the court will have a hearing on an ‘ex parte’ basis which means only one parent is present and will make the order for a short duration with a further hearing being listed where both parents must attend. |