When a child’s welfare is at risk, legal action sometimes needs to be taken quickly to ensure their safety. One option available in England and Wales is an emergency child arrangement order. This type of court order can be applied for without the usual notice period, allowing swift intervention in situations where waiting could put a child in danger or cause significant disruption to their wellbeing.
In this article, we will explore what an emergency child arrangement order is, when it might be needed, and what the process involves, as well as answering some of the most common questions parents have about it.
What is an Emergency Child Arrangement Order?
A child arrangement order is a legal document issued by the Family Court that sets out who a child will live with, spend time with, or have contact with. While most applications follow a standard process, there are cases where urgent action is required.
An emergency child arrangement order is designed for situations where there is an immediate threat to a child’s safety or welfare, or where delaying a decision could cause serious harm. In such cases, the court can make a temporary decision to protect the child until a more detailed hearing takes place.
When Might an Emergency Application Be Necessary?
An emergency application is not something the court grants lightly. It is intended for exceptional circumstances, such as:
- A risk of physical harm, neglect, or abuse.
- Concerns that a child may be removed from the UK without consent.
- A situation where one parent suddenly refuses contact without a valid reason.
- Circumstances where a parent is under the influence of drugs or alcohol while caring for the child.
- A breakdown in arrangements following a relationship separation that leaves the child without a stable home.
In these situations, waiting for a standard court date might leave the child vulnerable. An emergency order ensures immediate steps can be taken to safeguard their wellbeing.
How Quickly Can the Court Act?
In urgent cases, the court can act very quickly—sometimes within hours of the application being made. A judge can hold a hearing on the same day if the matter is serious enough. This is known as a “without notice” hearing, meaning the other party does not need to be informed beforehand.
While this rapid response is crucial in emergencies, it is important to note that such orders are usually temporary. A follow-up hearing will be scheduled, where both parties can present their evidence and the court can make a more permanent decision.
Do You Always Need to Notify the Other Parent?
Not necessarily. In a standard application, the other parent is given notice and has the right to attend the first hearing. However, in emergencies, the court can make an order without notice if doing so is necessary to protect the child.
The court will only take this step if there is a clear risk that notifying the other parent could put the child in danger or cause them to be moved before the hearing. Once the emergency order is in place, the other party will be informed, and a further hearing will be arranged where they can respond.
What Evidence is Needed for an Emergency Application?
The court requires strong evidence to justify an emergency application. This might include:
- Police reports.
- Medical records or a letter from a GP.
- School reports or statements from teachers.
- Witness statements from family members or professionals.
- Social services assessments.
It’s important to provide as much relevant information as possible. Even though the process is urgent, the court must still base its decision on credible evidence.
How Long Does an Emergency Child Arrangement Order Last?
An emergency order is typically valid until the next court hearing, which is often within a few weeks. At that stage, the court will decide whether to extend, vary, or discharge the order.
If the situation remains serious, the court may decide to issue a longer-term arrangement. In some cases, the emergency order serves as a short-term safeguard while a more detailed case is built to determine the best arrangements for the child’s future.
Can an Emergency Order Be Challenged?
Yes. Once an emergency child arrangement order is made, the other parent (or anyone with parental responsibility) has the right to attend the follow-up hearing and present their side of the story. The court will then consider all the evidence before deciding whether the order should remain in place, be altered, or be removed altogether.
It’s important to understand that an emergency order is not a final decision—it’s a temporary measure to protect the child while the situation is fully investigated.
Do You Need a Solicitor to Apply for an Emergency Order?
While it is possible to make an application without legal representation, having professional guidance can be invaluable in urgent and emotionally charged situations. A solicitor experienced in family law can help gather the necessary evidence, prepare the correct forms, and ensure the application is made quickly and accurately.
In cases where the emergency order is linked to ongoing disputes—such as after a separation—it may be wise to consult a divorce lawyer who is familiar with both the legal and emotional complexities involved.
What Forms Do You Need to Complete?
The main form used for both standard and emergency child arrangement orders is Form C100. When making an emergency application, you must clearly state why the matter is urgent and provide evidence to support your claims.
If the application is being made without notice to the other parent, the court will also require a short statement explaining why notifying them would put the child at risk.
How Does the Court Decide Whether to Grant an Order?
The court’s primary concern is the welfare of the child. This principle is set out in the Children Act 1989, which lists several factors the court must consider, including:
- The child’s wishes and feelings (depending on their age and understanding).
- Their physical, emotional, and educational needs.
- The potential impact of any change in circumstances.
- Any harm the child has suffered or is at risk of suffering.
- The ability of each parent to meet the child’s needs.
If the judge believes an emergency order is necessary to protect the child, they will grant it—often on the same day the application is made.
Can Mediation Be Used Instead of an Emergency Application?
In non-urgent situations, mediation can be an effective way to resolve disputes about child arrangements without going to court. However, when there is an immediate risk to a child’s safety, mediation is unlikely to be appropriate.
In fact, emergency applications are one of the few situations where you do not need to attend a Mediation Information and Assessment Meeting (MIAM) before making a court application.
What Happens After the Emergency Hearing?
Once the emergency order is in place, the court will schedule a further hearing where both parties can present their case in full. The judge may request reports from social services or CAFCASS (Children and Family Court Advisory and Support Service) to help inform their decision.
During this time, the arrangements set out in the emergency order must be followed. Breaching the order can have serious legal consequences.
Final Thoughts
An emergency child arrangement order is a vital legal tool for protecting children when they are in immediate danger or at risk of harm. While it is not intended for routine disagreements, it can provide quick and decisive intervention in urgent situations. If you believe your child is at risk, seeking legal advice promptly is essential. The process can be fast-moving and emotionally demanding, but with the right preparation and support, it can help ensure a child’s safety and wellbeing while longer-term arrangements are put in place.
