A sanction is an adverse consequence imposed on a party for failing to comply with a rule, practice direction, or a court order.

Sanctions can arise following a court order as a result of an unless order or imposed by the rules or practice directions due to a failure to take a particular step as directed. An automatic sanction can be imposed following a breach of the Civil Procedure Rules. This would encompass breaches in relation to court documents which have not been served within the specific timeframe. Alternatively, other sanctions can be imposed on a party and the court can either specify a sanction or make an unless order.

If a sanction is imposed on a party, then it should not be ignored and either an agreement is reached between the parties or an application for relief can be filed to the court.

a. Reaching an agreement

One of the options a party has would be to try and reach an agreement with the other side. This would be done by way of proposing a consent order for relief and usually offer to pay the other side’s costs for considering the order. A consent order does not necessarily have to deal with liability for costs. However, when a party is trying to agree an order for relief, it would be wise to consider conceding paying costs.

Once the consent order has been approved by both parties, then the court will then consider it. However, it is important to note that the court is not obliged to approve the order, although it is unusual for the court to refuse.

b. Application for relief

Following the Jackson/civil litigation reforms in April 2013, there has been a change in the court’s case management culture in that the court became less tolerant when it comes to delays and breaches of rules.

Sanctions are dealt with in Part 3 of the Civil Procedure Rules. According to rule 3.9, the court will consider various elements when deciding on an application for relief from sanction. This includes the need for litigation to be concluded efficiently and at proportionate cost; and the need to enforce compliance with rules, practice directions and orders.

When making an application for relief from sanctions, a party applies for a court order and follows the procedure under Civil Procedure Rules 23 and Practice Directions 23A.

When it comes to relief from sanctions, parties must be conscious not to either unreasonably withhold consent nor to concede unnecessarily.  

Hopefully, you will never find yourself in a position where you need to make this application. If however you do, it is best to act promptly and quickly in order to minimise the damage.

For further advice and assistance please contact our Litigation and Dispute Resolution Team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

Non-Molestation Orders are used to protect victims of domestic violence. It prohibits a person (the abuser) from molesting the person applying for an Order. They can also protect victims from acts or threats of violence, use of abusive language, stalking and abusive messaging such as text messaging or Facebook messages. A breach of a Non-Molestation Order is now a criminal offence.

Domestic violence charity Refuge saw an 80% increase in calls to its helpline during the first national lockdown, a trend the government believes has continued through this latest lockdown period. It is therefore important for victims to know what they can do legally to put a stop to this.  

To apply for a Non-Molestation Order, you must be able to show that you are ‘associated’ with the abuser. This effectively means that you and the abuser must be or have been in a relationship, live together or have lived together or be related to one another. 

An application for a Non-Molestation Order can be made without the abuser having to be made aware of it until after the Order has been granted. This is relevant where the applicant is in immediate danger or to notify the abuser of the Order would place the applicant at risk of physical harm.

The order lasts for a fixed term, which is typically 6 months or a year. However, it can last until a further order of the court is served or in some cases, indefinitely.  

Here at franklins, our Family Law Solicitors can help you to apply for a Non-Molestation Order. Contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk. 

What is a Child Arrangement Order?

It is a Court Order which sets out who a child should live with, spend time with or otherwise have contact with. It replaces ‘residence’ and ‘contact’ orders, although people who have existing residence and contact orders do not need to apply to replace them with child arrangement orders. They are made under powers granted by section 8 of the Children Act 1989.

Who can apply for a Child Arrangement Order?

When should I apply for a Child Arrangement Order?

You can apply for a Child Arrangement Order if you and your partner cannot agree on the child arrangements or if one parent is unreasonably withholding contact.

You must attend a meeting about mediation before issuing an application. This is known as a ‘Mediation Information and Assessment meeting’ (MIAM)

How do I apply for a Child Arrangement Order?

You will need to complete the C100 Court form and send it to Court for issuing along with 3 copies and the Court fee.

How Long Does a Child Arrangement Order Last? 

The Order normally ends when the child is 18 years of age, unless the Court makes the order for a period of time.

Can I Change My Child Arrangement Order?

Once the Order has been issued by the Court, it is possible to vary it. If the variation can’t be agreed with the other party directly, then a further application to the Court will have to be made.

How can I enforce a Child Arrangement Order?

The Court has a wide range of powers and can impose sanctions on anyone who doesn’t comply with the Order. An application can be made to the Family Court for enforcement of a Child Arrangement Order if it has been broken without a reasonable excuse. You can make the application using form C79.

Here at Franklins, our experienced solicitors can make the Child Arrangement Order process easier for you. If you need advice and assistance, please contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.

Many separating couples may have come across the term “Consent Order” at some point and may wonder what that means.  The term “Consent Order” refers to any type of Court Order agreed between parties.  More often than not it relates to setting out an agreed financial settlement following divorce.  What many do not realise is that just because you have divorced your spouse does not prevent your former spouse from making a financial claim against you.  The only way to prevent that from occurring is to have a Financial Order closing the door on your former spouse’s claims for financial relief.  This is even if the divorce took place several years earlier.

A Consent Order is legally binding and it sets out the financial arrangements you and your partner agree on.  It can set out how you may wish to split assets, pensions, income and debts on divorce.  It can also be enforced by either party later on if one of the parties reneges on the agreement.  A Consent Order will usually include a clean break clause which protects any money or assets that you may earn or receive in the future from being claimed from your ex-spouse.

A Consent Order is usually prepared by a Solicitor as it is a legal document.  Once the Order has been drafted and the parties have signed up to it, it is sent to the Court for approval.  The Court will want to ensure that each party has had the opportunity to obtain independent legal advice or at least aware of their right to do so.  One should note that the Court will not simply rubber stamp an Order.  The Court will want to ensure that the terms of the Order are reasonable and fair to the parties in the circumstances.  In order to determine this, the Court require a completed Statement of Information for a Consent Order.  This provides the Court with a snapshot of the parties’ means and circumstances. 

If a Judge has further questions about the agreement reached, the Judge may require the parties to attend Court to explain why they have reached the agreement that they have or provide further information by correspondence.  If the Court approves the Order it is sealed and each party receives a copy for future reference. 

It is important to note that a Consent Order cannot be approved by the Court until the parties have reached what is called the Decree Nisi in the divorce.  It becomes enforceable once Decree Absolute has been granted.

At Franklins, our experienced solicitors will be able to provide you with expert advice and assistance. Contact Kelly and our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.