1. Introduction
In family law cases, written orders are essential for enforcing arrangements regarding children, finances, or protection from harm. These documents are often prepared by a solicitor before being approved by the judge. Understanding the role of a family court draft order solicitor UK is crucial if you are involved in proceedings, especially if you need to challenge errors or ensure fairness.
2. What Is a Draft Court Order in Family Proceedings?
A draft court order is a written version of what the judge decided at a hearing. Typically, the winning party’s solicitor prepares the draft and sends it to the court for sealing. Once signed and sealed by the judge, it becomes legally binding.
3. The Role of a Solicitor in Draft Orders
A solicitor in family court may:
- Draft the order based on what was said at the hearing.
- Send the draft to the other party for agreement.
- Submit the draft to the court for approval.
- Ensure the order reflects the judge’s ruling accurately.
4. Common Situations Where Draft Orders Are Used
Draft orders appear in different family law contexts, including:
- Child arrangements orders (custody and contact).
- Financial remedy orders (dividing assets after divorce).
- Non-molestation or occupation orders (protection from domestic abuse).
- Consent orders (agreements approved by the court).
5. Common Errors Made by Solicitors in Draft Orders
Even experienced solicitors may produce drafts that:
- Include terms not ordered by the judge.
- Contain wrong names, dates, or financial figures.
- Miss important directions from the hearing.
- Impose unfair or unclear obligations.
6. Why Errors in Draft Orders Matter
If not corrected, mistakes in a draft order can:
- Lead to enforcement based on incorrect terms.
- Affect your parental rights or financial obligations.
- Damage your credibility in ongoing proceedings.
- Cause unnecessary stress and legal costs.
7. Responding to a Solicitor’s Draft Order
If you disagree with the draft order:
- Review it carefully against your hearing notes.
- Contact the solicitor to request corrections.
- Suggest amendments in writing.
- If no agreement is reached, inform the court.
8. Correcting Errors – The Slip Rule
If the mistake is clerical (e.g., typos, incorrect dates), it can usually be fixed under the Civil Procedure Rule (CPR) 40.12, known as the slip rule. This is quick and inexpensive.
9. Challenging Substantive Errors
For more serious issues, such as terms added that were never ordered, you may need to:
- Apply to vary the draft order.
- File an appeal if the judge’s decision was incorrectly recorded or interpreted.
10. Importance of Legal Advice
If a family court draft order solicitor UK produces a draft you believe is wrong, seek advice quickly. A solicitor can:
- Check the draft against the official judgment.
- Challenge inaccuracies on your behalf.
- File the correct applications if the dispute escalates.
Frequently Asked Questions
1. Can a solicitor add terms that were not discussed in court?
No, solicitors must only draft what the judge ordered. Any added terms should be challenged immediately.
2. What if I don’t agree with the draft order?
You can raise objections with the solicitor and the court. If necessary, apply for corrections or variations.
3. How long do I have to challenge a draft order?
Typically, you have 7 days to respond to a draft order, but clerical corrections can be made later under the slip rule.
4. Can I handle draft order errors without a solicitor?
Yes, you can respond yourself, but professional legal support strengthens your case.
5. What happens if the judge signs the wrong draft?
You can still apply for corrections or, in serious cases, request a variation or appeal.
6. Do I need to pay to correct a solicitor’s draft error?
Clerical corrections are free. Formal applications to vary or appeal may require court fees.
Conclusion
A family court draft order solicitor UK plays an important role in shaping the final outcome of your case. While solicitors usually prepare these documents accurately, errors do occur. Always review draft orders carefully, respond promptly to mistakes, and seek legal advice if necessary. Correcting issues quickly ensures the order truly reflects the judge’s decision and protects your rights.