1GC Family Law

This Practice Note looks at the duties a local authority has in relation to children looked after by them, which includes children who are subject to care orders, interim care orders and those who are voluntarily accommodated by the local authority pursuant to section 20 of the Children Act 1989. It covers a local authority’s duty to safeguard and promote a child’s welfare and make such services available for children as are reasonable, specifically in relation to placing the child in suitable accommodation and preparing a care plan.

This Q&A considers whether a prohibited steps order can be varied by agreement between two parents who each have parental responsibility and without the need for a formal application to be made to the court, and if so, whether it is necessary to record such an agreement in writing.

This Q&A considers the powers of the court as to findings of fact.

This Q&A considers whether a family assistance order (FAO) can regulate with whom a child will live and whether a child arrangements order is required.

This Q&A considers the steps to be taken to trace a parent and child in proceedings for a child arrangements order when their whereabouts are unknown and the steps to be taken to ensure cooperation by a parent in the preparation of a report under ChA 1989, s 7.

This Q&A asks whether length of time is an issue going to jurisdiction and whether the position will be different post brexit in the context of a Children Act 1989 application.

This Q&A considers the jurisdiction of the courts in England and Wales where a child born in England now resides in the Middle East following orders made in England and Wales.