Without Notice Orders — How to Respond

What is this?

A without‑notice (or ex parte) order is a court decision made by a judge without the other party being present or given a chance to speak first.

What happens in practice?

1. Application – One party (usually the applicant) asks the judge for an urgent order, saying that giving notice would cause harm or defeat the purpose of the order (e.g., to stop a child being removed, to prevent domestic abuse, or to freeze assets).

2. Hearing – The judge reviews the paperwork alone, often in chambers, and decides whether to grant the order straight away.

3. Order issued – If granted, the order takes effect immediately and is served on the other party (you) soon after, together with a note explaining why it was made without notice.

4. Return date – The order will usually state a date for a full hearing where both sides can be heard (often called a “return hearing” or “interim hearing”).

What do I need to do?

• Read the order carefully – Note exactly what it requires you to do or not do, and the date and time of the return hearing.
• Keep a copy – Save the order and any covering letter or notice of hearing in a safe place.
• Act quickly – If you disagree with the order, you must act before the return hearing date.
• Prepare your response – Gather any evidence, documents, or witness statements that show why the order should be changed, varied, or set aside (e.g., proof that the urgent grounds did not exist, or that you were not given a fair chance to be heard).
• File a response – You can apply to the court to:

- Set aside the order (ask the judge to cancel it because it was made incorrectly), or

- Vary the order (ask for changes to its terms), or

- Discharge it (ask that it no longer have effect).

This is usually done by completing a form (e.g., Form C2 for a family order variation/set‑aside) and filing it with the court before the return date.

• Attend the return hearing – Go to court on the date set, bring your papers, and be ready to explain your side. The judge will hear both parties and decide whether to keep, change, or cancel the order.
• Consider legal help – Even if you plan to represent yourself, a quick consultation with a solicitor, legal aid adviser, or a Citizens Advice adviser can help you understand the forms and what to say in court.

Where can I find more help?

• GOV.UK – Family court orders: https://www.gov.uk/courts-tribunals/family-court
• Citizens Advice – Family law: https://www.citizensadvice.org.uk/family/
• Rights of Women – Legal advice line: https://rightsofwomen.org.uk/get-advice/
• Gingerbread – Support for single parents: https://www.gingerbread.org.uk/
• Law Centres Network (find a local law centre): https://www.lawcentres.org.uk/
• Family Law Bar Association – Free guidance sheets: https://www.flba.org.uk/

Remember: this is general guidance only. For advice specific to your situation, speak to a solicitor, legal aid provider, or your local Citizens Advice.