A Guide to Court Orders

What is a court order?

A court order is a formal decision made by a judge. It sets out what must happen, what is allowed, or what is prohibited. Court orders are legally binding, and breaching one can lead to penalties including fines, enforcement action, or in serious cases, committal to prison for contempt of court.

Orders can be final or interim. A final order settles the matter at the end of proceedings. An interim order is temporary and stays in place until the court can make a final decision. Courts make interim orders when urgent action is needed before a full hearing can take place.

The content of any order depends on the circumstances of the case. Judges have wide discretion to tailor orders to the situation in front of them.

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Common types of court orders

Court orders exist across many areas of law. In family cases, which make up a large proportion of applications, you may come across several specific types.

A child arrangements order deals with where a child lives and who they spend time with. This replaced the older terms of residence orders and contact orders under the Children and Families Act 2014, though these concepts are still frequently discussed in practice. The order will usually set out the living arrangements and a schedule for time with each parent or other family members.

A specific issue order asks the court to decide a particular question about a child's upbringing. This might cover matters such as schooling, medical treatment, or religious education. Parents sometimes apply for these when they cannot agree on a single issue but do not need wider arrangements settled.

A prohibited steps order prevents someone from taking a specific action concerning a child without the court's permission. This could include stopping a parent from removing a child from the country or changing their school.

Outside family law, court orders appear in many other contexts. Injunctions can address neighbour disputes or harassment. Possession orders deal with housing matters. Enforcement orders support debt recovery. Non-molestation and occupation orders protect victims of domestic abuse.

The type of order available depends on the area of law and the specific problem you need to resolve.

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How to apply for a court order

Applying for a court order means completing the correct court form and submitting it to the appropriate court. The form you need varies according to the type of order and the area of law involved.

For private family law matters involving children, the standard form is the C100. This is the application form for a child arrangements, prohibited steps, or specific issue order. You can download it from GOV.UK, where you will also find guidance notes to help you complete it accurately. Pre-application mediation requirements or exemptions may apply depending on your circumstances.

Other family matters use different forms. For non-molestation and occupation orders in domestic abuse situations, the relevant form is FL401. Financial applications on divorce use a separate set of forms.

Getting the form right matters. Courts may return incomplete or incorrectly filled applications, which causes delay. Read any accompanying guidance carefully before you start. If you are uncertain about the process, consider seeking help from a solicitor, a law centre, or Citizens Advice.

Most applications involve a court fee. Fee amounts change, so check the current rates on GOV.UK before you apply. If you are on a low income or receive certain benefits, you may qualify for help with fees using form EX160. Eligibility depends on meeting specific financial criteria set by HM Courts and Tribunals Service.

For many family applications, you will need to attend a Mediation Information and Assessment Meeting before the court will accept your application. This is a session with a trained mediator who explains how mediation works and assesses whether it might help resolve your dispute. Exemptions exist for cases involving domestic abuse or child protection concerns.

What happens after you apply

Once the court receives your application, it will be processed and listed for a hearing. The other party will be sent copies of your application and told when and where to attend court.

In family cases involving children, the court will usually arrange a First Hearing Dispute Resolution Appointment. The exact process can vary depending on the specifics of your case. At this stage, a judge or magistrate will try to help the parties reach agreement where possible. If agreement cannot be reached, the court will give directions for further steps, which may include reports from Cafcass, the Children and Family Court Advisory and Support Service.

Cases can settle at any point. Many do not proceed to a final contested hearing because the parties reach agreement during the process. Any agreement can be turned into a consent order, which has the same legal force as an order made after a contested hearing.

If your case does go to a final hearing, the judge will hear evidence and arguments from both sides before making a decision. You will receive a written order setting out exactly what has been decided.

If someone does not follow a court order, you may be able to apply for enforcement. Options include applying to the court for penalties, variation of the order, or in serious cases, contempt of court proceedings. The available steps depend on the type of order and the circumstances. Legal advice from a solicitor or law centre can help you understand what action is appropriate.

The Next Step

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