Family Proceedings

Applications: Further Information

The information contained on this page should assist you with determining:

1) who is able to make an application

2) what application forms need to be submitted to the court.

If you are unsure what, if any, application you need to make you should seek legal advice.

Who can apply for what?

Additional Notes

Any person in whose favour a residence order is in force may apply for the following:

* Contact

* Specific Issues Order

* Prohibited Steps Order

The following people may apply for a residence order or a contact order:

* any party to a marriage (whether or not subsisting) in relation to whome the child is a child of the family;

* a person with whom the child has lived for a period of at least 3 years;

* any person who

      1) in any case where a residence order is in force with respect to the child, has the consent of each of the persons in whose favour the order was made;

      2) in any case where the child is in the care of the Crown, the consent of the Crown; or

      3) in any other case, has the consent of each of those (if any) who have parental responsibility for the child.

The following additional people may apply for a residence order only:

* A foster parent who is, or has been, looking after a child on behalf of the Crown if the child has lived with that foster parent for a period of at least 1 year immediately preceding the application.

* a relative of the child if the child has lived with the relative for a period of at least 1 year immediately preceding the application.

What application form?