New CAP orders announced

New CAP orders announced

The President of the Family Division, Sir James Munby, has announced that the CAP orders for private law children proceedings are to be changed. He has indicated that he asked a group of district judges to review the orders, as the existing orders (issued as part of the Child Arrangements Programme) were not doing what was required.The revised orders have been prepared on the basis that:

  • The primary and most important audience is the parties themselves, more often than not now unrepresented, and must be as concise as possible and easy to understand.  The orders have been seen by AdviceNow and their suggestions for simpler language have been incorporated.
  • A problem with the CAP orders was the extent to which they required recitals before the operative part of the order was reached.  While recitals can be very useful in explaining the context of an order and dealing with matters that should not be in the order itself, there was a strong feeling that the sheer length of orders with long recitals was too daunting, particularly for litigants in person.  The new orders are less prescriptive

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About the author:

Geraldine is Head of LexisPSL Family. She was admitted as a solicitor in 1992 and was in practice for 15 years, most recently as a partner and head of the family team at Hart Brown, a large Surrey firm.

Geraldine writes for Butterworths Family Law Service and is a past editor of the Resolution Review. She has been published in the New Law Journal, the Law Society Gazette and the District Judges’ Bulletin as well as in the national press including the Times and the Telegraph.

When in practice she was a member of the Law Society Family and Children Panels, and an accredited Resolution Specialist with a focus on advanced financial provision and pensions. A past Resolution regional secretary and press officer, Geraldine also contributed chapters to the Resolution publications, International Aspects of Family Law (3rd Edition 2009) and The Modern Family (2012).