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Child Law

Introduction

Age Restrictions

Children's Name Change Process

Changing a Child's Surname

Child Accidents Compensation Liability

Children Making Legal Decisions

Children Act 1989

Education

Reasons For Absence From School

Academy Schools in Britain

Expulsion of a Child From School

Ofsted

Schools Admissions

School and Special Needs Statutory Assessment

Children With Drugs in School

Parental Responsibility

Parenthood

Parental Responsibility

Do I have Parental Responsibility

Welfare Reform 2009

Care and Welfare

Care and Supervision Orders

Council Support for Children

Child Welfare Checklist

Emergency Protection Orders for Children

Purposes of Emergency Protection Orders

Private Law Orders in Child Protection

Special Guardianship Orders

State Intervention Child Welfare

Child Assessment Orders

Welfare Principle in Family Law

Abduction

Hague Convention for Child Abduction

Child Abduction: Brussels P Regulations in the European Convention

Stopping Child Abduction

Abortion, Surrogacy and Adoption

Surrogacy

Surrogate Parents

UK Abortion Law

Adopting

Applying for Adoption

Child Maintenance

Travel Disqualification with Child Maintenance

Bank Deduction

Curfew Orders

Earning Deductions

Driving Disqualification

Assets Frozen

Imprisonment

Affiliation Orders

 

 

Purpose of an Emergency Protection Order 

The reason for an emergency protection order is to enable a child in a genuine emergency to be removed from where he is, or be kept where he is, depending on the given circumstances in order to provide short-term protection.

The emergency protection order is an extremely serious step which should not be taken lightly or regarded as a routine step in family law proceedings for the protection of children.

Who can apply for an emergency protection order and on what grounds can they apply?

The emergency protection order is entirely forward looking considering the likely future happenings.

S44(1) (Children’s Act 1989)

Where any person applies to the court for an emergency protection order to be made under this section, with respect to a child, the court may make the order if and only if they are satisfied that that:

Ex Parte Applications

Most emergency protection orders may, and most commonly are made ex parte. Ex parte cases do not require all parties to the court case to be present during the hearing.

Effects of an emergency protection order 

Reasonable contact

Duration of an Emergency Protection order

Can the alleged abuser be removed instead?

Originally, The Children’s Act 1989, did not provide any provisions for the removal of the alleged abuser instead of the child and many local authorities tried to bring actions of this nature all of which where unsuccessful.

The Family Law Act 1996 amended the Children’s act 1989 to include the exclusion requirement within the emergency protection order.

An exclusion requirement is any one of the following:

Where the court issues an emergency protection order with the provision of an exclusion order they can also attach to this order the power to arrest if any of the condition defined within the protection order are breached.  

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