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Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

30th Oct

COVID-19

In-house

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

15th Oct

Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

12th Oct

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...

Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Oct

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

26th Sep

Practice notes

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...

26th Sep

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

26th Sep

Practice notes

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...

26th Sep

Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....

26th Sep

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

COVID-19

Practice notes

Statements of truth in family proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...

26th Sep

Practice notes

Working with counsel

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...

26th Sep

Precedents

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

26th Sep

Practice notes

The grounds on which a marriage is void

A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...

25th Sep

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

25th Sep

Most recent Children content

Practice notes

Parental responsibility—cohabitants

Parental responsibilityUnder the Children Act 1989 (ChA 1989), parental responsibility means all the rights, duties, powers, responsibility and...

25th Sep

Practice notes

Statutory child support scheme

IntroductionThe revised statutory child maintenance scheme under the Child Maintenance and Other Payments Act 2008 (CMOPA 2008) was extended on 25...

25th Sep

Precedents

Change of name deed (child)

From: [insert child's previous forename and surname]To: [insert child's new forename and surname]This change of name Deed is made the [insert date and...

26th Sep

Precedents

Changing a child’s name—client guide

This document provides general guidance regarding changing a child’s name. Your family lawyer will be able to provide specific advice based on your...

26th Sep

Precedents

Parental responsibility—client guide

This document provides general guidance regarding parental responsibility for a child. Your family lawyer will be able to provide specific advice...

26th Sep

Precedents

Financial arrangements for children—client guide

This document provides general guidance regarding financial provision for children. Your family lawyer will be able to provide specific advice based...

26th Sep

Practice notes

Procedure—Schedule 1 to the Children Act 1989

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

Capital provision under Schedule 1 to the Children Act 1989

This Practice Note provides guidance on the ability of the courts to make capital orders under Schedule 1 to the Children Act 1989 (ChA 1989),...

26th Sep

Practice notes

Cohabitants—change of child's name

Issues relating to a child's surname may arise more frequently between cohabitants, and former cohabitants, than couples who are, or have been,...

27th Sep

Q&As

Can the court make an order within financial proceedings, or otherwise take into account, overpayments of child maintenance made under a statutory child support assessment?

Save in limited circumstances, the court has no jurisdiction in respect of child maintenance which is governed by the Child Support Act 1991 as...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

Q&As

A paying parent’s gross income is less than £156,000 per annum, but they also receive a transport allowance, shares and bonuses. Which of those benefits, if any, will a Child Maintenance Service calculation take into account? Will those benefits be taken into account as to the jurisdiction of the court to make a ‘top-up’ order, and would the court then have regard to any of those benefits when calculating the amount of a top up order?

Since the coming into force of the Child Support Act 1991, the Child Maintenance Service (CMS) and its precursor bodies have had sole jurisdiction in...

28th Sep

Q&As

The parties to a marriage entered into a consent order which provided for global periodical payments (spousal and child maintenance until the child finished secondary education). The ‘child’ is now over the age of 18, has completed secondary education, is entering tertiary education and the original maintenance order has ended. What options are there for the recipient of the global maintenance to seek financial support for the child at university given that they are too late to apply to extend the child periodical payments in the consent order?

If there are special circumstances, or they are receiving further education or training, a child who has reached the age of 18 may apply themselves...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep

Q&As

Where a paying party receives a redundancy payment, including in lieu of notice and holiday entitlement, together with ex gratia and disability payments, will the Child Maintenance Service take those payments into account on a maintenance assessment? How would the maintenance be calculated in such circumstances? Could the court make an order for child maintenance by treating the ex gratia and disability payments as capital sums?

The Child Maintenance Service (CMS) operates a statutory formula to calculate the level of child maintenance, based upon a percentage of the gross...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

Q&As

Are there any circumstances in which a connection will be made between the payment of child maintenance and contact between the paying parent and the child, in particular where contact is being prevented by the parent with care?

The statutory formula for child maintenance under the Child Support Act 1991 (CSA 1991) makes no connection between whether the paying parent is...

28th Sep

Q&As

When calculating a maintenance assessment, will the Child Maintenance Service take into account payments made by the non-resident parent in relation to the mortgage on the family home?

Parents are able to reach private agreements between themselves, without making use of the Child Maintenance Service (CMS) at all, as to the level of...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep

Q&As

Is it possible for the parties to agree to oust the jurisdiction of the court in respect of an application for school fees or top up maintenance for the children under Schedule 1 to the Children Act 1989?

While there does not appear to be case law dealing specifically with this point as to Schedule 1 to the Children Act 1989 (ChA 1989), such an...

28th Sep

Q&As

A father has signed a declaration of parentage, and there is no dispute as to paternity, in relation to a child where he was not married to the mother and has not met the child. The mother is the child’s carer and has made a claim under Schedule 1 to the Children Act 1989. If the mother were to die, could another person make a claim under Sch 1? If a guardian is appointed by the mother, will they have parental responsibility and assume the care of the child in the event of the mother’s death, or will care fall with the father if still living?

Schedule 1 of the Children Act 1989 (ChA 1989) enables the court to make orders for financial provision for the benefit of a child against the other...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

Q&As

Where a parent with care (PWC) claims child maintenance through the Child Maintenance Service (CMS), can the CMS backdate a claim to cover the period for which the PWC did not previously claim?

The Child Support Maintenance Calculation Regulations 2012, SI 2012/2677 provide at reg 12 that the initial effective date of the maintenance...

28th Sep

Q&As

Where an unmarried parent's income does not exceed the maximum threshold for an assessment via the Child Maintenance Service, and in circumstances where the child is not disabled, would the court have jurisdiction to order periodical payments for the child to include a carer's allowance? For example, to contribute towards the primary carer's monthly rental costs?

The court has limited powers to make financial awards in cases where parents are unmarried. The significant powers contained in the Matrimonial Causes...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

Q&As

What is the procedure for applying to vary a financial consent order, and can this be done by way of a further financial consent order lodged with the court?

Where the parties have agreed to vary the terms of a financial consent order, and the terms are capable of being varied by an order of the court, then...

28th Sep