Deprivation of liberty

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Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

The following Family news provides comprehensive and up to date legal information on Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

Division of assets in a short childless marriage (E v L)

The following Family news provides comprehensive and up to date legal information on Division of assets in a short childless marriage (E v L)

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

The following Dispute Resolution news provides comprehensive and up to date legal information on TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Declaration of parentage declined on public policy grounds (Re H v R and another (Attorney General for England and Wales intervening))

The following Family news provides comprehensive and up to date legal information on Declaration of parentage declined on public policy grounds (Re H v R and another (Attorney General for England and Wales intervening))

Featured Family content

Third party debt order

Third party debt orderA third party debt order is a method of enforcement by which a creditor may enforce a debt against money owed to the debtor by a...

The no order principle

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

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfareThe paramountcy principleWhen any court determines any question with respect to:•the upbringing of...

The grounds on which a marriage is voidable

The grounds on which a marriage is voidableA decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the...

Practice notes

The meaning and scope of parental responsibility

The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...

19th May

Practice notes

Statements of truth in family proceedings

Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...

19th May

Practice notes

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]

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...

Produced in partnership with David Gallagher of Fieldfisher 19th May

Practice notes

Permission to apply for a section 8 order

Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

19th May

Practice notes

Sears Tooth agreements

Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...

19th May

Practice notes

Pensions and judicial separation

Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May

Practice notes

Mesher and Martin orders

Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...

19th May

Practice notes

Defended divorce proceedings

Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...

19th May

Practice notes

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyers

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...

19th May

Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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, what evidence will the court require in order to approve the order?

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,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Practice notes

Freezing orders (Mareva)—family proceedings

Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May

Practice notes

General principles—lump sum orders

General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...

19th May

Practice notes

Undefended divorce proceedings

Undefended divorce proceedingsOnline divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public...

19th May

Precedents

Standard order 2.1—financial remedy order—omnibus

In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...

19th May

Practice notes

Drafting the terms of a financial consent order

Drafting the terms of a financial consent orderThis Practice Note sets out the basic principles to be applied when drafting a financial consent order...

19th May

Most recent Deprivation of liberty content

Q&As

When making an application using the streamlined process in Re: X (Deprivation of Liberty) [2014] EWCOP 25, what obligations are there on a local authority to commission a Rule 3A representative where there are no family members or friends willing or able to be a litigation friend?

When making an application using the streamlined process in Re: X (Deprivation of Liberty) [2014] EWCOP 25, what obligations are there on a local...

Produced in partnership with Tim Spencer-Lane 6th Jun

Q&As

Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required in order for the property to be sold? If the second co-owner has appointed a third party as their attorney and the second co-owner loses capacity, will this affect the ability to sell of the property? Would a deputyship order be appropriate in these circumstances?

Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required...

5th Jun

Practice notes

Deprivation of liberty court procedure

Deprivation of liberty court procedureThis Practice Note covers two forms of court procedure that arise in deprivation of liberty cases:•applications...

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 5th Jun

Q&As

Does a local authority need to apply to the Court of Protection for a personal welfare order in order to transfer an objecting and incapacitated adult from home to a care home at which a standard authorisation of the deprivation of liberty is to be granted by the Supervisory Body?

Does a local authority need to apply to the Court of Protection for a personal welfare order in order to transfer an objecting and incapacitated adult...

5th Jun

Q&As

Can a financial affairs deputy act as a Rule 3A representative in a deprivation of liberty application in the Court of Protection?

Can a financial affairs deputy act as a Rule 3A representative in a deprivation of liberty application in the Court of Protection?Deprivation of...

5th Jun

Practice notes

Private deprivations of liberty

Private deprivations of libertyFORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 (MC(A)A 2019) received Royal Assent on 16 May 2019. MC(A)A...

Produced in partnership with Tim Spencer-Lane 5th Jun

Practice notes

The deprivation of liberty safeguards

The deprivation of liberty safeguardsNote that this Practice Note does not address specific practice alterations caused by the coronavirus (COVID-19)...

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 5th Jun

Deprivation of liberty

View Family by content type:

Latest Family News

Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

Division of assets in a short childless marriage (E v L)

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Declaration of parentage declined on public policy grounds (Re H v R and another (Attorney General for England and Wales intervening))

Featured Family content

Third party debt order

The no order principle

Private children—paramountcy of the child's welfare

The grounds on which a marriage is voidable

Most recent Deprivation of liberty content

Popular documents

Entrapment

179. List of offences triable either way.

What is a public authority?

ECHR, art 5(4)—rights and duties

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