Orders and Undertakings
The important distinction and their use in the Family Court
Article contributed by Sophie Cullis
Legal terminology can seem complex. An important distinction, when it comes to court orders, is between orders and undertakings. An order is imposed by the court. An undertaking is voluntarily offered as a promise to the court. Both are typically binding and enforceable by the court.
Court orders may be made ‘by consent’ (so as a result of an agreement between two sides) or after a dispute which the court has decided. Generally speaking, the same considerations apply whether the order was made by the court because of an agreement or following a judge’s decision. It does not typically matter if the order was made after a court hearing, where the two sides appear before the court (in person or on screen/by telephone), or where the judge deals with the case ‘on paper’ without any attendance.
There are standard ‘precedents’ for the wording of most family court orders and undertakings. These are available on the judiciary’s website, here.
Orders
For more details on understanding orders, particularly final orders, see here.
Undertakings
Remember, it may be a criminal offence to abuse (or molest or harass) anyone regardless of whether a family court order or undertaking is in place.
Where there has been or might be domestic abuse, we strongly recommend that you: (a) find out if you are eligible for legal aid; (b) get legal advice from a regulated family lawyer without delay, (c) consider consulting a domestic abuse charity and (d) never hesitate to call the police on 999 if you are in fear for your safety or the safety of another.