Family difficulties can quickly become complicated when they involve separation, children, domestic abuse, Child Maintenance, Social Services or the Family Court. Understanding the correct procedure, completing the right forms and responding to official correspondence on time can make a significant difference.

At Equality for Community (EFORC), we provide practical legal and administrative support to individuals and families dealing with family-related matters. We can help clients understand procedures, prepare documents, organise evidence and communicate with courts, local authorities and other organisations.

Divorce and Separation

When a marriage or civil partnership ends, there may be several separate issues to resolve. Obtaining a divorce does not automatically resolve arrangements for children or divide the couple’s finances.

Since April 2022, divorce in England and Wales operates under a no-fault divorce system. An applicant does not normally need to prove adultery, unreasonable behaviour or another form of fault in order to obtain a divorce.

The divorce process generally involves an application, a minimum statutory waiting period, a Conditional Order and finally a Final Order. However, where there are significant matrimonial assets, it may be important to consider the financial position before applying for the Final Order.

We can provide administrative assistance with divorce documentation and correspondence and help clients understand the different stages of the process.

Financial Matters Following Divorce

A divorce itself does not automatically end financial claims between former spouses.

Financial matters can include the family home, mortgages, savings, pensions, investments, businesses, debts, vehicles and other assets. The court can also consider the parties’ income, earning capacity, financial needs and responsibilities.

Where financial proceedings are started, both parties may be required to provide detailed financial disclosure, commonly through Form E, supported by documents such as bank statements, mortgage statements, pension valuations, payslips, tax information and property valuations.

Depending on the circumstances, orders may deal with the sale or transfer of property, lump-sum payments, pensions, maintenance and other financial arrangements.

Arrangements for Children

When parents separate, they may disagree about where a child should live, how much time the child should spend with each parent, holidays, school arrangements, medical treatment or other important decisions.

The Family Court can make a Child Arrangements Order determining with whom a child lives and with whom the child spends time or otherwise has contact.

An application is usually made using Form C100. In many cases, attendance at a Mediation Information and Assessment Meeting (MIAM) is expected before making the application, although exemptions can apply, including in certain domestic abuse or urgent cases.

The court’s primary consideration is the welfare of the child.

Prohibited Steps and Specific Issue Orders

A Prohibited Steps Order can prevent a parent from taking a particular action concerning a child without the court’s permission. Depending on the circumstances, this could include preventing a child from being removed from England and Wales or dealing with other significant decisions affecting the child.

A Specific Issue Order can be used where the court needs to decide a particular question relating to a child’s upbringing, for example certain disputes concerning education, medical treatment or other important matters.

These applications can also be made under Section 8 of the Children Act 1989.

Domestic Abuse and Non-Molestation Orders

Domestic abuse does not only mean physical violence. It can include threatening or intimidating behaviour, coercive or controlling behaviour, harassment, stalking, emotional or psychological abuse, sexual abuse and economic abuse.

A person requiring protection may be able to apply to the Family Court for a Non-Molestation Order. The application is generally made using Form FL401.

A Non-Molestation Order can prohibit another person from threatening, harassing, intimidating or using violence against the applicant or, where appropriate, a relevant child. Breaching a Non-Molestation Order without reasonable excuse is a criminal offence.

In urgent circumstances, the court may be able to consider an application without notice, meaning that an initial order can potentially be made before the respondent is informed of the application.

An Occupation Order may also be relevant in some domestic abuse cases. It can regulate who is entitled to occupy the family home or particular parts of it.

Allegations of Domestic Abuse in Children Proceedings

Where domestic abuse, violence, threats, substance misuse or other safeguarding concerns are relevant to an application concerning children, additional information may be provided using Form C1A.

The Family Court may need to determine disputed allegations before making final decisions concerning a child. In some cases, this can involve a fact-finding hearing.

The existence of contact between a parent and child does not automatically mean that contact must be unsupervised. Depending on the evidence and the child’s welfare, arrangements may include supervised contact, supported contact, indirect contact or other safeguards.

Child Maintenance

Child Maintenance is generally separate from Child Arrangements proceedings.

Parents can sometimes agree maintenance privately through a family-based arrangement. Where this is not possible, the Child Maintenance Service (CMS) may calculate the amount payable.

CMS calculations can take account of factors including the paying parent’s gross taxable income, the number of qualifying children, other relevant children and the number of overnight stays under shared-care arrangements.

CMS can operate through Direct Pay or, where applicable, Collect and Pay. Collect and Pay involves additional charges for both the paying and receiving parent.

Certain CMS decisions can be challenged. Depending on the type of decision, the process may involve Mandatory Reconsideration followed by an appeal to the First-tier Tribunal.

Please note: Child Maintenance rates, thresholds, fees and other monetary amounts can change over time. Clients should therefore check the current official figures and rules before relying on a particular amount.

Child Protection and Social Services

We provide practical support to parents and families involved with Children’s Social Services, including:

• Child in Need Plans – Section 17
• Section 47 Child Protection Enquiries
• Child Protection Conferences and Plans
• Public Law Outline (PLO) and Pre-Proceedings
• Social Services and Parenting Assessments
• Family Group Conferences (FGC)
• Safeguarding and Domestic Abuse Concerns
• Care Proceedings
• Interim Care Orders and Care Orders
• Supervision and Emergency Protection Orders
• Contact Arrangements
• Preparing for Social Services Meetings and Written Responses

How Equality for Community Can Help

Equality for Community (EFORC) provides practical legal and administrative support to individuals and families across the UK. We have more than 15 years of experience supporting communities with complex legal, administrative and family-related matters.

Our support can include helping clients understand official correspondence and procedures; completing and organising family-related documentation; preparing written responses and statements; organising supporting evidence; preparing for meetings with Social Services and other professionals; assisting with Child Maintenance and benefit-related matters; and providing professional interpreting and certified translation services where language is a barrier.

We can also assist clients in understanding documents connected with C100 applications, C1A allegations, Non-Molestation Orders, Child Protection procedures, Child in Need cases, Social Services assessments, Child Protection Conferences and PLO proceedings.

Where a matter requires regulated legal advice or representation by a solicitor or barrister, particularly in care proceedings or complex financial cases, we will recommend that the client seeks assistance from an appropriately qualified legal professional.

Early Action Can Make a Difference

Family and child protection cases can develop quickly. Court deadlines, Social Services meetings, Child Protection Conferences and requests for evidence should not be ignored.

If you receive a court application, a PLO letter, notice of a Child Protection Conference, correspondence concerning domestic abuse, or another important document relating to your children, read it carefully and seek appropriate assistance as early as possible.

Keeping clear records and understanding what is expected of you can make it much easier to present your position accurately.

Important Information

Family law, court procedures, government guidance, application fees, Child Maintenance rates and other financial thresholds may change over time. Information published on this website is therefore intended as general guidance and should not be treated as a substitute for checking the latest official rules or obtaining professional advice appropriate to your individual circumstances.

Equality for Community – practical support when family, court and Social Services matters become difficult to manage alone.