Decision making in respect of health and welfare

View Family by content type:

Latest Family News

Featured Family content

Practice notes
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...
Read More >
Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
Practice notes
Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
9th Nov
Practice notes
Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
Read More >
9th Nov
Practice notes
This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
Read More >
9th Nov
Practice notes
The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
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...
Read More >
Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Precedents
In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...
Read More >
9th Nov
Practice notes
The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
Read More >
9th Nov

Most recent Decision making in respect of health and welfare content

Practice notes
Note that this Practice Note does not address specific practice alterations caused by the COVID-19 pandemic. These are addressed in this Practice...
Read More >
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers. 9th Apr
Practice notes
Note that this Practice Note addresses only English law. Following devolution there are now differences between the English and Welsh rules on many...
Read More >
9th Apr
Practice notes
Note that this Practice Note does not address specific practice alterations caused by the COVID-19 pandemic. These are addressed in Practice Note:...
Read More >
Produced in partnership with Alex Ruck Keene of 39 Essex Street Chambers 9th Apr
Practice notes
A fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve contested factual issues in the proceedings.When...
Read More >
Produced in partnership with Alex Ruck Keene and Michelle Pratley of 39 Essex Chambers 9th Apr
Practice notes
Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection and this Practice Note addresses how such issues...
Read More >
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 9th Apr
Practice notes
Medical treatment of those without capacity to consentGenerally, it is the patient's (P’s) consent which makes invasive medical treatment lawful....
Read More >
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 8th Apr
Practice notes
The issues for determination in the welfare jurisdiction of the Court of Protection are often deeply personal and almost always involve the exercise...
Read More >
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 15th Mar
Q&As
A child arrangements order (CAO) is an order made under section 8 of the Children Act 1989 (ChA 1989) that provides:•with whom a child is to live,...
Read More >
29th Nov

Popular documents