Katherine Illsley

This Practice Note explains about fact-finding or split hearings in private children cases. It sets out the factors in FPR 2010, PD 12J that the court should take into account when determining whether a split hearing is required in cases involving domestic abuse and the matters that the court should consider where a fact-finding hearing is required. It explains what the court’s task is at a fact-finding hearing and the principles that the court will adopt in determining whether a fact is found proved or not.

This Practice Note sets out the general approach to public children care proceedings where there are concurrent or imminent criminal proceedings, including the requirements of the Family Procedure Rules 2010 (FPR 2010) and case management issues, together with the protocol on the disclosure of information between family and criminal agencies and jurisdictions (the 2024 protocol) (which replaced the 2013 protocol and good practice model on disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings), as to the disclosure of evidence from criminal proceedings into the family proceedings and vice versa. It also includes guidance on post-conviction disclosure from, for example, HM Prison and Probation Service (HMPPS).

This Practice Note details the power of the court in family proceedings to make a direction under section 37 of the Children Act 1989 (ChA 1989) for a local authority to investigate the welfare of a child where it appears that a care or supervision order may be required. It sets out the circumstances when a section 37 report should be ordered, which local authority should prepare the report and other directions and orders that may be made by the court. It also provides guidance on the contents of a section 37 report and considerations and actions by the local authority.

This Practice Note details the power of the court in family proceedings to make a direction under section 7 of the Children Act 1989 (ChA 1989) for a welfare report to be prepared by an officer of the Children and Family Court Advisory and Support Service (Cafcass), a Welsh family proceedings officer or someone from the local authority. It sets out when such a report might be necessary, what a section 7 report should cover and the attendance of children and family reporters at court and the recommendations of a report. It also details the Child impact assessment framework introduced by Cafcass.

This Q&A considers what rules the court may apply for determining the boundary line when two adjoining properties in separate ownership are separated by a hedgebank.

This Q&A considers whether the reconciliation of parents following the making of a CAO in relation to their child will cause that CAO to be unenforceable in the event that the parents separate again in the future.

This Q&A considers the provisions of Schedule 1 to the Children Act 1989 and the circumstances in which a periodical payments order may extend beyond the age of 18 on the basis of a child's disability.

This Q&A looks at the factors to be considered when considering whether a special guardianship order or a child arrangements order would be more appropriate.

This Q&A considers the jurisdiction of the Family Court in England and Wales when a child lives with an English parent in another jurisdiction.

This Q&A considers the scenario of an order for child maintenance having been in place which came to an end upon the child attaining the age of 18 or completing secondary education.

This Q&A considers the steps that may be taken to secure child maintenance when the non-resident parent lives in a non-EU country.

This Q&A considers whether an application for a declaration of parentage to rectify a mistake on the child's birth certificate can be made by consent.

This Q&A compares a guardianship order and a special guardianship order and considers the other options that may be available to a sister seeking parental responsibility for her brother.

This Q&A considers the basis on which a co-habitant may be occupying property where the owner is absent from the property, leaving them in exclusive possession for a limited period.

This Q&A considers how a buyer of land may take free of a unilateral notice protecting a pending land action.

This Q&A considers the recovery of a debt by a council who granted a mortgage but both mortgagees are now deceased.

This Q&A considers the situation when a couple undertook two marriage ceremonies and now wish to divorce.

This Q&A considers whether a child’s surname can be changed if a father who holds parental responsibility objects to such a name change.

This Q&A considers whether a father who is subject to a non-molestation order is able to record contact handovers with the mother despite the objection of the mother.

This Q&A considers the position where the respondent to a financial application knowingly committed bigamy.