Urgent Hearings in Family Court — What You Need to Know

Plain‑English Briefing – Urgent / Without‑Notice Hearings

*(For litigants in person – remember: this explains the process only. If you can, get a solicitor or barrister to look at your case before you do anything.)*

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Scenario A – You Need to Apply Urgently (a “without‑notice” application)

When the court will let you apply without telling the other side first

The judge can hear your request straight away only if there is a real and immediate risk that:

• a child might suffer serious harm, or
• a child is about to be taken out of England and Wales (or kept away from the other parent) without the court’s permission.

If the risk is not that urgent, the court will usually ask you to give the other side notice first.

What you need to file

| Document | What it is | What to include (in plain language) |

|----------|------------|--------------------------------------|

| Form N244 – Application Notice | Tells the court what you want and why you need it urgently. | • Your name, address and case number.
• A short sentence saying you are asking for an urgent, without‑notice order.
• The type of order you want (see below). |

| Supporting Statement | Your sworn (or affirmed) explanation of the facts. | • Write in numbered paragraphs.
• Describe exactly what has happened, when, and why you believe there is an immediate risk.
• Attach any evidence you have (texts, emails, photos, police reports, medical notes, school letters, etc.).
• Say what you are asking the court to do (e.g., “stop the other parent from taking the child abroad”). |

| Evidence bundle | Copies of everything you refer to in your statement. | • Label each piece (Exhibit A, B, C…) and list them at the end of your statement.
• Keep the originals safe; you only need to give copies to the court and the other side (if the judge later allows service). |

Duty of full and frank disclosure

Even though you are asking the court to act without hearing the other side first, you must tell the court everything that is relevant – both the points that help your case and any points that could hurt it.

*If you leave something out, the judge may later set aside the order or decide you have not been honest, which can damage your credibility.*

What orders the court can make at this stage

| Order type | What it does (in everyday language) |

|------------|--------------------------------------|

| Prohibited Steps Order | Stops the other parent from doing a specific thing (e.g., taking the child out of the country, changing the child’s school, or removing the child from your home). |

| Interim Child Arrangements Order | Sets a temporary plan for where the child will live and who they will see while the case goes on. |

| Specific Issue Order | Decides a particular question right away (e.g., whether the child can have a medical procedure). |

| Return Date | The judge will fix a date (usually within a few days to a couple of weeks) for a full hearing where both sides can be heard. |

The return date hearing

• This is not the final decision – it’s a chance for the judge to hear the other side’s view and to decide whether the urgent order should stay, be changed, or be lifted.
• Bring any extra evidence you have gathered since the first application.
• Be ready to answer questions calmly and truthfully.
• The judge may: keep the order as is, vary it, discharge it, or give directions for the next steps (e.g., file a full statement, attend mediation, etc.).

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Scenario B – An Order Has Been Made Against You (you received an urgent, without‑notice order)

What to do straight away

1. Read the order carefully – note exactly what you are not allowed to do (or what you must do).

2. Write down the return date (the date the judge set for the next hearing).

3. Seek legal advice urgently – a solicitor, a legal aid adviser, or a Citizens Advice bureau can help you understand what the order means and what you can do next.

4. Do not ignore the order – even if you think it is unfair, breaking it can lead to serious consequences (contempt of court, fines, or even imprisonment).

What the return date hearing is

• It is your first real chance to tell the judge your side of the story.
• The judge will look at whether the urgent order was justified and whether it should stay, be changed, or be lifted.
• You can also ask the judge to make any other temporary arrangements you need (e.g., contact with the child, living arrangements, etc.).

How to prepare a brief response statement

1. Start with your name, case number, and the date.

2. Explain, in short, numbered paragraphs, what happened from your perspective. Focus on facts, not feelings.

* Example: “On 3 March 2025 the other parent took the child to my mother’s house without telling me. I learned of this at 6 pm when I received a text….”

3. State clearly what you want the judge to do at the return hearing (e.g., “I ask the court to lift the prohibited steps order and to allow me to have supervised contact on Saturdays”).

4. Attach any evidence that supports your version (texts, emails, witness notes, receipts, etc.). Label each piece as an exhibit and list them at the end.

5. Sign and date the statement. If you can, have someone you trust watch you sign (this is not a formal oath but shows you made it voluntarily).

What **not** to do

| Action | Why it’s a problem |

|--------|--------------------|

| Breach the order (doing something the order forbids) | You could be held in contempt, which may lead to fines, community service, or even a prison sentence. |

| Ignore the return date | The judge may make decisions without hearing you, and the order could stay in place longer. |

| Talk about the case on social media or with friends | Anything you say publicly can be used against you later. |

| Destroy or hide evidence | This is dishonest and can damage your credibility; the court may view it as an attempt to mislead. |

| Try to negotiate directly with the other side if the order says you must not contact them | Doing so could breach the order. Use a solicitor or a mediator if contact is needed. |

Quick checklist (keep it handy)

• [ ] Read the order – highlight the prohibitions and requirements.
• [ ] Note the return date (day, time, court location).
• [ ] Call a solicitor / legal aid / Citizens Advice today.
• [ ] Gather any texts, emails, photos, receipts, witness notes that show your side.
• [ ] Write a short, numbered response statement (see steps above).
• [ ] Make copies of the statement and evidence for the court and (if allowed) the other side.
• [ ] Attend the return hearing – arrive early, dress neatly, speak calmly and truthfully.

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Remember: This guide explains the *process* and the *paperwork* you might encounter. It is not legal advice. If you can, get a qualified solicitor or barrister to look at your specific situation before you file anything or respond to an order.

You are not alone—many people have navigated these steps, and taking things one step at a time helps keep the process manageable. Good luck, and look after yourself and your family. Stay safe.