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Latest Family News

Standard orders—amendments to the public law orders

The following Family news provides comprehensive and up to date legal information on Standard orders—amendments to the public law orders

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)

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))

Featured Family content

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

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

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...

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 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...

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...

9th Nov

COVID-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...

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...

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...

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...

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....

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...

9th Nov

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...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan

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 Nov

COVID-19

In-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...

9th Nov

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...

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...

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...

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...

9th Nov

Most recent Domestic abuse 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...

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...

Produced in partnership with Ruth Cabeza of Harcourt Chambers 14th Apr

Scottish 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...

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...

1st Apr

COVID-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...

1st Apr

COVID-19

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...

1st Apr

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...

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...

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...

25th Feb

COVID-19

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...

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...

Produced in partnership with Neil Sugarman of GLP Solicitors 24th 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...

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...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

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?

A non-molestation order is a protective order made by the family court that prevents a party from molesting another person with whom they are...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb

Q&As

A respondent to an application for a non-molestation order wishes to contest the allegations. They wish to adduce in evidence a video clip made on their phone to corroborate their version of events but the clip briefly shows the female applicant partially clothed. Are there any rules or special considerations that need to be complied with in order to adduce the video as evidence?

In Re B (A Child), Munby P considered an appeal against HHJ Bellamy’s judgment which had attempted to provide guidance as to the use of covert...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

Where a respondent to an application for a non-molestation or occupation order cannot be found, should an application have to be made to serve via an alternative method?

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 10.3(1) provides that the applicant for a non-molestation or occupation order must serve a...

13th Feb

Q&As

Where an application is made under Part IV of the Family Law Act 1996 and the respondent’s whereabouts are unknown, can an application be made to the court for disclosure of the respondent’s address by a government department under Family Procedure Rules 2010, PD 6C ? If not, what is the appropriate procedure when the respondent’s address is unknown?

Part IV of the Family Law Act 1996 (FLA 1996) contains important provisions for the safeguarding of a person from an associated person, by way of a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb

Q&As

Can an applicant for an order under the Family Law Act 1996 release a copy of a statement they have made in those proceedings to the police for the purpose of a criminal investigation concerning the respondent or is the courts permission required in order to release the statement?

It is sadly frequently the case that an overlap exists between family and criminal proceedings. Given the increasing specialisation of the legal...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb

Q&As

Can one spouse register a home rights notice against a property owned by a third party landlord where either the tenancy is in the joint names of the husband and wife, or where it is in the sole name of the other spouse? Will the options available be dependent on the type of tenancy involved?

A home rights notice protects the rights given to a spouse or civil partner under section 30 of the Family Law Act 1996 (FLA 1996). That section...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb

Q&As

In proceedings under Part IV of the Family Law Act 1996 where a non-molestation order has been made, the respondent has threatened the solicitor representing the applicant. What redress or sanctions are available? If an application is required, would that be made within the existing proceedings or in separate proceedings?

The solicitor cannot seek to be covered by the non-molestation order granted to their client, nor would they be entitled to apply themselves for a...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

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Domestic abuse

View Family by content type:

Latest Family News

Standard orders—amendments to the public law orders

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)

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))

Featured Family content

Notice of acting

Private children—paramountcy of the child's welfare

Pension attachment orders

The no order principle

Most recent Domestic abuse content

Popular documents

Conditions precedent in commercial contracts

Payment in lieu of notice (PILON)

Promissory estoppel

Tomlin orders

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