Types of Court Orders That Are Available in the UK - Essay Example

CASE STUDY; CONTACT ORDER Lecture: In general, there are various types of court orders that are available in theUK; a single court order, or a number of them, depending on what the couples have been unable to agree on1. For example, a residence order; which is used to decide where the child will reside, a contact order; that is used to decide when visits can be made, a specific issue order; that is used for specific requests such as the school choice etc. and a prohibited steps orders; meant to stop someone from doing something, such as removing a child from a particular jurisdiction2. In this case it is evident that David, Georgia’s father, has one single issue of contention: the right to visit his daughter. Accordingly, the issue before the court is to consider the facts in this relation in order to determine why David is demanding only a contact order instead of any other order3. The Children Act outlines a number of principles that a court must observe before issuing a court contact order. These principles include, the fact that a childs welfare is paramount and that it comes first. Accordingly, a child is entitled to the right to access facts and information4. Moreover, the Act provides that, the child must have a relationship with both parents as well as his or her extended family whenever possible. Further, the childs demands and feelings should be taken into consideration. Indeed, families are important, hence, it is in the best interest of the child, that they should not be separated from their family. Particularly, they should in case of separation, remain in the custody of their family. Consequently, where there are conflicting rights and interests, the court shall balance those interests and prioritising the childs rights and interests. As such, no court contact orders should be issued unless it is necessary5. According to the facts in this case, it is clear that the child (Georgia) had not stated her demands or needs, which makes the claims made by Susan (her mother) unilateral. On the other hand, Georgia was seen looking through the window on David’s last visit casts doubts on Susan’s claims. Secondly, the principle, no court orders should be made unless it is necessary demonstrates that the court will consider any applicant to this order as being important and urgent. Notably, David demonstrated aggression in his last visit which defines the need for a contact order, hence, the urgency inn this application. Moreover, the parent also has the provision under this Act; these responsibilities are referred to as Parental Responsibility (PR)6. In this case these responsibilities have been well covered because there is no contest to that effect.7Further, it is important to note that in this case, the position of the child is unknown; there are just speculations and the words of Susan. Therefore, the court will have to request that Georgia be given the right to defend her position8. Subsequently, the court will have to base its facts on the need that the child requires a family and or both parents. In addition, since the father is ready and willing to provide for both Susan and Georgia and to spend time with his daughter makes him qualified for the contact order. It is common knowledge that over time that facts may change, hence, at any time in the prospect any agreement or order can be revised. This may be caused by factors such as, the child’s growth and their needs, family circumstances such as health, among others. As such, this may cause the previous arrangements in relation to child’s need being reviewed. Besides, it is normal for court contact orders to make provision for additional arrangements9. In such a situation, the agreeing parties are not required to return to court when making the agreed variation. However, if agreement cannot be reached, by the parties, even through mediation, the court will assist. In addition, the court can issue directives in unusual circumstances that no more orders should be made over a given period of time for the sake of the child’s safety and peace. Therefore, in the instance that Susan defies the contact order either through denying communication, patronising unpleasant remarks , frustrating the efforts of the non-resident parent, encouraging the child to make decisions, false allegations among others, the court may be forced to take action. This may be in the form of a fine, imprisonment, denial of upkeep or the award of compensation for financial loss suffered by the other parent. However, the court will always put the interests of the child first before those of the parent10. In this case, full custody may be granted to David since according to the case history he has not demonstrated violence and has been supportive of his daughter and ex-wife during the separation. Bibliography Department for Constitutional Affairs/Department for Education and Skills/Department for Trade and Industry, Parental Separation: Children’s Needs and Parents Responsibilities (Cm 6273, 2004) ch 7 Harris-Short S, Miles J, Family Law: Text, Cases, and Materials (2nd ed. OUP 2011) Herring Jonathan, Family Law (5th edition, Longman Series 2011) 120 HM Government, Parental Separation: Children’s Needs and Parents’ Responsibilities: Next Steps (The Stationery Office Cm 6452 Norwich 2005)64 Judicial Review Team, ‘Thematic review of the Protocol for Judicial Case Management in Public Law Children Act Cases’ (Judicial Review Team, 2010) accessed 4 March 2013 Peacey V and Hunt J: Problematic contact after separation and divorce? A national survey of parent, (One Parent Families/Gingerbread 2008) 25, 87 Perry A. and Rainey B. ‘Supervised, Supported and Indirect contact orders: research findings’ (2007) 21 IJL, 21, 47 Pryor J. and Rodgers B, in Children in Changing Families: Life after Parental Separation. (Blackwell Publishers 2001) Smart C, May V, Wade A, and Furness C: Residence and Contact Disputes in Court (Vol.2, DCA 2005) Trinder L, Connolly J, Keleet J, Notley C, and Swift L: Making Contact Happen or making contact work? (2006)DCA Research Series 3 Issue 6 Read More