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Latest Family News

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

The following Family news provides comprehensive and up to date legal information on Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

The following Family news provides comprehensive and up to date legal information on Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

What do English local authorities need to know when placing a child in Scotland?

The following Family news provides comprehensive and up to date legal information on What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—August 2021

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?As a result of the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution...

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...

Procedure for an application for an occupation order

Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...

The ground for divorce

The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...

Practice notes

Occupation orders

Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...

19th May

COVID-19

Practice notes

Applications under the Protection from Harassment Act 1997

Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...

19th May

Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...

19th May

Practice notes

Client care—family law

Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...

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

Precedents

Letter to court applying for decree absolute more than 12 months after decree nisi

Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...

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

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

Practice notes

Void and voidable marriages

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...

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

Reports under section 37 of the Children Act 1989

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...

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

Standard orders—general principles

Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...

19th May

Most recent Domestic abuse content

Practice notes

Controlling or coercive behaviour offences

Controlling or coercive behaviour offencesThis Practice Note considers the offences of controlling or coercive behaviour under section 76 of the...

17th Sep

Practice notes

The Domestic Violence Disclosure Scheme and domestic violence protection notices and orders

The Domestic Violence Disclosure Scheme and domestic violence protection notices and ordersDomestic Violence Disclosure SchemeThe Domestic Violence...

16th Sep

Practice notes

Non-molestation orders

Non-molestation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings...

14th Sep

COVID-19

Q&As

In Family Law Act 1996 (FLA 1996) proceedings where no children are involved, is permission required for a party to disclose a transcript of oral evidence, a witness statement or a written judgment (there are no reporting restriction etc on the face of the judgment) to the police?

In Family Law Act 1996 (FLA 1996) proceedings where no children are involved, is permission required for a party to disclose a transcript of oral...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Aug

Q&As

Is there any case law that addresses when hiring a private investigator, or the actions of a private investigator, crosses the boundary into unlawful behaviour such as stalking, harassment or breach of privacy?

Is there any case law that addresses when hiring a private investigator, or the actions of a private investigator, crosses the boundary into unlawful...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 24th Aug

Q&As

Where a wife is living in a refuge and her whereabouts are unknown to the husband, can the husband’s solicitors make enquiries about her address for the purpose of service on her, if the husband has agreed that the address will not be disclosed to him?

Where a wife is living in a refuge and her whereabouts are unknown to the husband, can the husband’s solicitors make enquiries about her address for...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug

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?

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...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

A non-molestation order has been made in England against a respondent who is now living in Egypt. The respondent continues to breach the terms of the order by harassing the applicant online. Can the applicant enforce the order against the respondent and do the police have any powers in those circumstances?

A non-molestation order has been made in England against a respondent who is now living in Egypt. The respondent continues to breach the terms of the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Where a party has been sectioned under the Mental Health Act 1983, but still has capacity, can they be served with court orders made under the Family Law Act 1996 and the Children Act 1989, by a process server, while they are in a hospital psychiatric unit?

Where a party has been sectioned under the Mental Health Act 1983, but still has capacity, can they be served with court orders made under the Family...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug

Q&As

Can a non-molestation undertaking be given to the court notwithstanding that there are no ongoing proceedings for a non-molestation order? If so how would such an undertaking be submitted and is an undertaking binding that has been signed but not lodged with the court?

Can a non-molestation undertaking be given to the court notwithstanding that there are no ongoing proceedings for a non-molestation order? If so how...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Can the return hearing of an application for a non-molestation order under the Family Law Act 1996 be allocated to a lay justice?

Can the return hearing of an application for a non-molestation order under the Family Law Act 1996 be allocated to a lay justice?The judicial...

18th Aug

Q&As

Where an order is made on a without notice application for a non-molestation order, what is the position if the respondent has no known address, and cannot be located and served with the order?

Where an order is made on a without notice application for a non-molestation order, what is the position if the respondent has no known address, and...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

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?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug

Q&As

Can a non-molestation order under Part IV of the Family Law Act 1996 be obtained against a 16-year-old respondent and can the court accept undertakings from a 16-year old?

Can a non-molestation order under Part IV of the Family Law Act 1996 be obtained against a 16-year-old respondent and can the court accept...

18th Aug

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?

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...

18th Aug

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?

In proceedings under the Family Law Act 1996 (FLA 1996), findings were made that could affect a party's capacity to continue their professional...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug

Q&As

Is there is a page limit on witness statements in support of application for a non-molestation order or a statement in response to an order having been made?

Is there is a page limit on witness statements in support of application for a non-molestation order or a statement in response to an order having...

18th Aug

Q&As

If a parent of a minor is served, will this suffice as service of a non-molestation order? Does the parent need to inform the minor of the order, or is service on the parent sufficient?

If a parent of a minor is served, will this suffice as service of a non-molestation order? Does the parent need to inform the minor of the order, or...

18th Aug

Q&As

Where the applicant's solicitors failed to effect service of a non-molestation order on a respondent, so that the respondent was not aware that the order was made and was subsequently arrested for breaching the order, how can it be proved that the order was not properly served? If it can be established that the order was not properly served, what action could the respondent take against the applicant’s solicitors in relation to his arrest?

Where the applicant's solicitors failed to effect service of a non-molestation order on a respondent, so that the respondent was not aware that the...

18th Aug

Q&As

In a case where there has been extreme violence against a party to a marriage including attempts to kill them, can that party commence divorce proceedings without giving notice of the proceedings to the violent partner and what can be done to protect the party in fear?

In a case where there has been extreme violence against a party to a marriage including attempts to kill them, can that party commence divorce...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug

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Domestic abuse

View Family by content type:

Latest Family News

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Working with counsel

Procedure for an application for an occupation order

The ground for divorce

Most recent Domestic abuse content

Popular documents

Form of transfer of shares

Standard Commercial Property Conditions (Third Edition—2018 Revision)

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional

Sentencing fraud offences committed by individuals

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