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Latest Family News

Guidance from Court of Appeal on domestic abuse hearings and fact-finding hearings (Re H-N and others (children) (domestic abuse:finding of fact hearings))

Guidance from Court of Appeal on domestic abuse hearings and fact-finding hearings (Re H-N and others (children) (domestic abuse:finding of fact hearings))

The following Family news provides comprehensive and up to date legal information on Guidance from Court of Appeal on domestic abuse hearings and fact-finding hearings (Re H-N and others (children) (domestic abuse:finding of fact hearings))

Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

The following Family news provides comprehensive and up to date legal information on Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Featured Family content

Notice of acting

Notice of acting

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

Private children—paramountcy of the child's welfare

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...

Pension attachment orders

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

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...

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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
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...
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9th Nov
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...
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9th Nov
tag iconCOVID-19
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...
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9th Nov
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...
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9th Nov
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...
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9th Nov
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...
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9th Nov
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...
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9th Nov
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....
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9th Nov
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...
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9th Nov
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...
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9th Nov
tag iconCOVID-19 tag iconIn-house
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...
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9th Nov
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...
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9th Nov
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...
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9th Nov
Practice notes

General principles—lump sum orders

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...
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9th Nov
Practice notes

Declarations of parentage—procedure

The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent Emergency procedures content

Q&As

If a respondent to an application for a non-molestation order is out of the country on the date listed for a return date, what is the correct procedure to apply for an adjournment? Does it have to be a formal application or would a letter to the court suffice?

Non-molestation orders are made under section 42 of the Family Law Act 1996 (FLA 1996) and the rules governing the court process are contained in Part...
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Produced in partnership with Ruth Cabeza of Harcourt Chambers 14th Apr
Q&As

Can a non-molestation order be made in England to protect someone living in Scotland against the actions of a perpetrator who is resident in England, where the acts of harassment etc are being perpetrated in both jurisdictions by the perpetrator?

The court’s power to make a non-molestation order derives from section 42(2) of the Family Law Act 1996 (FLA 1996). Under FLA 1996, s 42(a), the court...
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Produced in partnership with Ruth Cabeza of Harcourt Chambers 14th Apr
tag iconScottish Law
Q&As

Where a non-molestation order has been made and proceedings concluded, can a respondent apply to be released from an undertaking they have given and what is the procedure to do so?

Part 10 of the Family Procedure Rules 2010, SI 2010/2955, (FPR 2010), which is concerned with applications under Part IV of the Family Law Act 1996...
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Produced in partnership with Ruth Cabeza of Harcourt Chambers 14th Apr
Practice notes

Procedure for an application for an occupation order

Procedure for an application for an occupation order—Covid-19In the exceptional circumstances of the coronavirus (COVID-19) pandemic guidance has been...
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1st Apr
tag iconCOVID-19
Practice notes

Procedure for an application for a non-molestation order

Procedure for an application for a non-molestation order—Covid-19In the exceptional circumstances of the coronavirus (COVID-19) pandemic guidance has...
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1st Apr
tag iconCOVID-19
Practice notes

Child abduction—emergency remedies

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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1st Apr
Practice notes

Controlling or coercive behaviour offences

What is domestic abuse?There is no statutory offence of domestic violence or domestic abuse, however, it generally refers to any incident of...
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1st Apr
Practice notes

Freezing orders (Mareva)—family proceedings

A freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a party from disposing or dealing with...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 24th Mar
Practice notes

Applications to restrain future dealing—MCA 1973, s 37

Great care should be taken when dealing with an application to preserve assets. An ill-conceived, badly prepared application or one that does not...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 24th Mar
Q&As

What is the authority for the Family Court to make a final non-molestation order without findings having been made regarding allegations of abuse and with no admissions from the respondent?

Non-molestation orders are governed by section 42 of the Family Law Act 1996 (FLA 1996). A non-molestation order is an order containing a provision...
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3rd Mar
Practice notes

Criminal Injuries Compensation Authority (CICA) claims—the application process

Time periods for lodging the applicationA claimant has two years from the date of the incident to apply for compensation.2008 schemeUnder the Criminal...
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Produced in partnership with Neil Sugarman of GLP Solicitors 1st Mar
Practice notes

Non-molestation orders

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 >
25th Feb
tag iconCOVID-19
Practice notes

Enforcement of forced marriage protection orders

From 16 June 2014, when sections 120–121 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) came into effect:•breach of a forced...
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25th Feb
Practice notes

Forced marriage protection orders

When sections 120–121 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) came into effect on 16 June 2014:•breach of a forced...
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25th Feb
Practice notes

Forced marriage protection orders—withholding information

ConfidentialityThe Ministry of Justice's document, Apply for a forced marriage protection order (the Guide), recommends that the issue of...
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25th Feb
Practice notes

Claims for compensation to the Criminal Injuries Compensation Scheme

While a victim of crime can bring a civil claim for damages for personal injuries against an attacker, this is only worthwhile if the prospective...
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Produced in partnership with Neil Sugarman of GLP Solicitors 25th Feb
Practice notes

The compensation award in criminal injuries claims

The tariff system—the injury awardThere is a set tariff of awards for the victim of a criminal injury, ranging from £1,000 to £250,000. The tariff...
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Produced in partnership with Neil Sugarman of GLP Solicitors 24th Feb
Precedents

Standard order 3.1—freezing order—family proceedings

Note that on 30 November 2017 the President of the Family Division, Sir James Munby, issued additional guidance as to the use and status of financial...
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14th Feb
Q&As

In proceedings under the Family Law Act 1996 (FLA 1996), findings were made that could affect a party's capacity to continue their professional career. Does that party have a duty to self-report the findings? Is evidence given in FLA 1996 proceedings confidential and if the other party disclosed a copy of the order with the findings to the relevant professional body, what would be the consequences for the disclosing party?

By virtue of Part IV of the Family Law Act 1996 (FLA 1996), the court has the power to make a non-molestation order and/or an occupation order. The...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As

If someone is subject to Multi Agency Risk Assessment Conference, can they remove the violent partner from the deeds to a property and the mortgage without their permission?

A Multi Agency Risk Assessment Conference (MARAC) is a meeting convened with the aim of protecting an adult victim of domestic abuse. Typical...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Popular documents

LEXISNEXIS

Intercreditor agreement—key provisions

This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to

LEXISNEXIS

Money laundering offences—tipping off and prejudicing an investigation

Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.

LEXISNEXIS

Key elements of a standstill agreement

When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring

LEXISNEXIS

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal