When a family court considers an emergency application, it will prioritise the safety and well-being of the child or children involved. Among the key factors the court will look at include:
Immediate risk of harm - First and foremost, the primary concern is whether your child faces an imminent risk of physical or emotional harm if the emergency order is not granted. Evidence for this could include:
- history of domestic violence or abuse
- threats of abduction or self-harm
- neglectful living conditions
Strength of the allegations - the credibility of the allegations presented in the emergency application will be assessed. Evidence such as witness statements, medical records or police reports can strengthen the application
Timescale and urgency - how quickly does your child need protection? Emergency applications are typically resolved much faster than standard family court proceedings
Balance of convenience - the court will weigh up the potential benefits of granting the emergency order against any potential inconvenience or disruption it may cause to the other party, which is usually a parent. This balance is crucial, as emergency orders can have a significant impact on living arrangements or contact schedules
Child's wishes and feelings (if applicable) - the court will look at the child's wishes and feelings, particularly for older children, but their age and maturity will be taken into account. As always, with any court order application in family and child law, the court will consider the welfare checklist the child's best interests remain the paramount concern
Other relevant factors - depending on the specific circumstances, the court might consider additional factors, such as:
- the child's relationship with each parent
- the child's current living arrangements and support network
- any potential risks associated with the proposed arrangements
Other important things to know about making an emergency application for a child
- Emergency applications are typically made without notice to the other party, which means that they won't be present in court during the initial hearing
- However, the court will usually schedule a follow-up hearing within a short timeframe to allow the other party to respond and potentially challenge the order
- Seeking legal advice is crucial for navigating the emergency application process, especially if you are the respondent facing unexpected restrictions
Overall, the family court acts very quickly in emergency situations to make sure that a child's safety is not at risk. The specific factors considered will vary depending on the circumstances, but a child's well-being remains the top priority.