Decision making in respect of health and welfare

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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

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

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...

9th Oct

COVID-19

In-house

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 Decision making in respect of health and welfare content

Practice notes

Serious medical treatment cases in the Court of Protection

Medical treatment of those without capacity to consentGenerally, it is the patient's (P’s) consent which makes invasive medical treatment lawful....

25th Sep

Practice notes

Independent mental capacity advocates

Note that this Practice Note addresses only English law. Following devolution there are now differences between the English and Welsh rules on many...

25th Sep

Practice notes

Urgent applications in the Court of Protection

IntroductionIt may be necessary to make an urgent application to the Court of Protection in one of two situations:•where no proceedings exist, but it...

25th Sep

Practice notes

Human rights and the Court of Protection

BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

25th Sep

Practice notes

Safeguarding and the Court of Protection

Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection.What is safeguarding?‘Safeguarding’, in its...

25th Sep

Practice notes

Fact-finding hearings in the Court of Protection

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...

26th Sep

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 provisions for doing so?

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,...

28th Sep

Q&As

In what circumstances should an application be made for the Court of Protection to consider the exercise of its powers under sections 16 and 17 of the Mental Capacity Act 2005 in respect of deciding where a person lacking capacity to make the decision should live?

Under section 16 of the Mental Capacity Act 2005 (MCA 2005), the Court of Protection has power to make one-off decisions on behalf of a person lacking...

28th Sep

Q&As