Decision making in respect of health and welfare

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Practice notes
Private children—paramountcy of the child's welfareThe paramountcy principleWhen any court determines any question with respect to:•the upbringing of...
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19th May
Q&As
What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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19th May
Practice notes
Writ or warrant of possession of landA writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 19th May
Practice notes
The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It looks at...
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Produced in partnership with David Gallagher of Fieldfisher 19th May
Practice notes
Filing the divorce petition and supporting documentsThis Practice Note explains what documents must be filed with the petition when commencing...
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19th May
Practice notes
DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...
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19th May
Q&As
Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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19th May
Practice notes
Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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19th May
Q&As
Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes
Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...
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19th May
Practice notes
Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...
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19th May

Most recent Decision making in respect of health and welfare content

Q&As
Can you get a child arrangements order for contact with a disabled adult (who is also your offspring and does not have full capacity) and what are the...
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1st Aug
Practice notes
Human rights and the Court of ProtectionThe issues for determination in the welfare jurisdiction of the Court of Protection are often deeply personal...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 31st Jul
Practice notes
Welfare and health decision making in the Court of ProtectionNote that this Practice Note does not address specific practice alterations caused by the...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 31st Jul
Practice notes
Fact-finding hearings in the Court of ProtectionA fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve...
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Produced in partnership with Alex Ruck Keene and Michelle Pratley of 39 Essex Chambers 31st Jul
Practice notes
Serious medical treatment cases in the Court of ProtectionMedical treatment of those without capacity to consentGenerally, it is the patient's (P’s)...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 31st Jul
Practice notes
Independent mental capacity advocatesNote that this Practice Note addresses only English law. Following devolution there are now differences between...
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31st Jul
Practice notes
Safeguarding and the Court of ProtectionSafeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection and this...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 31st Jul
Practice notes
Urgent applications in the Court of ProtectionNote that this Practice Note does not address specific practice alterations caused by the COVID-19...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers. 31st Jul

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