Dealing with emergencies
What if my husband or wife is violent to me or to the children?
If you need to, first get yourself (and the children) away from your husband or wife as soon as you can. Then call the police. If you have been hurt, go to your doctor or the local hospital as soon as possible. Explain what has happened and ask them to record your injuries so that they can give evidence about them if you need it. It may be helpful to get photographs of injuries while they are fresh.Telephone a solicitor and arrange to see him or her as soon as possible if you think you need legal help. See ‘Further help’ on page 19 for details of agencies that can help you if you are a victim or at risk of domestic violence. See also the Community Legal Advice leaflet ‘Domestic Violence, Abuse and Harassment’.
What can the law do to protect me?
The police may take action against your partner if he or she has committed a crime. As well, the civil courts have powers to protect you by making an order called an injunction. This will order your partner not to harm you in any way. It can also stop them from getting into or remaining in the home. The strength of the court order will depend on the level of protection the judge thinks you need. Sometimes, simply getting the police involved or the threat of an injunction will be enough to restrain your partner.
Can I get help to pay for this legal action?
You can be granted public funding (‘legal aid’) very quickly to cover the cost of injunction proceedings if you need them. Your solicitor will be able to tell you if you qualify.
What if I fear that my partner will take the children away?
Tell your solicitor at the start of the case. You can then decide whether to ask the court to make orders about the children or their passports. You should keep the children’s passports in a safe place, and tell the children’s school about your concerns, in case your partner tries to take them from school.The organisation ‘Reunite’ can offer information and help to parents who fear that their children may be abducted (see ‘Further help’ on page 19 for how to contact Reunite).
What if my partner snatches the children?
If you think they are likely to be taken out of the country, tell the police immediately. They can issue a ‘port alert’ to try to stop them leaving. The police will need a full description of your partner and the children. Photographs would be useful. Tell your solicitor as soon as possible as well. Even if you do not think they will leave the country, tell your solicitor, who can advise you about getting an emergency court order to have the children returned. If the children are taken out of the country, the International Child Abduction and Contact Unit may be able to help.
Terms used in divorce and family law
Some words and phrases have special legal meanings in family (divorce) proceedings.
Adultery Full sexual intercourse, while you are married, with someone who is not your husband or wife.
Affidavit A formal, written statement sworn to be true.
Ancillary relief or financial relief Financial orders made by the courts in divorce or judicial separation proceedings.
Conditional dissolution order For civil partners, this is equivalent to a decree nisi. So it is the first decree of a dissolution, when the court is satisfied that the grounds for the dissolution have been proved. It does not end the civil partnership.
Co-respondent The person adultery has been committed with. This applies only where adultery is the reason for the divorce. Co-respondents are not usually named.
Contact When and for how long the children will see or communicate with the non-resident parent (the parent they don’t live with). Contact can include phone calls and letters (indirect contact) as well as visits and overnight stays (staying contact).
Decree absolute The final decree of divorce for married couples – the marriage is over only after this has been made. The equivalent for civil partners is a dissolution order.
Decree nisi The first decree of divorce for married couples, when the court is satisfied that the grounds for the divorce have been proved. This does not end the marriage. The equivalent for civil partners is a conditional dissolution order.
Dissolution order For civil partners, this is the equivalent of a decree absolute. The civil partnership ends only when the order has been made.
Maintenance/child support Money that one partner pays to the other. It is supposed to be paid regularly to support the partner or children.
Periodical payments Another name for maintenance.
Petition The document that sets out the reason for the divorce or judicial separation and asks the court to grant it.
Petitioner The person who starts the proceedings by filing a petition at the court.
Respondent The person the petition is filed against.
Residence Where the children will live and who they will live with after the divorce.
Source of this article is at http://www.communitylegaladvice.org.uk/media/825/D2/leaflet03e.pdf
