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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...

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...

Sequestration (confiscation of assets) within contempt proceedings

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...

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

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

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...
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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...
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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
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...
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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 Methods of enforcement content

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...
Read More >
Produced in partnership with David Salter, deputy High Court judge and Recorder 24th Feb
Q&As

Where an attachment of earnings order has been unsuccessful due to the debtor leaving their job, can another method of enforcement be applied for to enforce arrears of maintenance such as third party debt order?

The rules governing enforcement of orders within family proceedings are primarily contained in the Family Procedure Rules 2010 (FPR 2010), SI...
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13th Feb
Q&As

Where a suspended committal order is made on a judgment summons, can the committal order be executed (notwithstanding payment of the judgment debt being made) on the basis of a failure to pay sums accruing after the date of the judgment debt, provided that those sums were due under the ‘original order’ (per Family Procedure Rules 2010, SI 2020/2955, 33.16(2)(c)), and where payment of those sums is a term of the suspended committal order itself?

The Family Courts are given broad powers as to the enforcement of orders made in family proceedings, which broadly adopt the enforcement provisions...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As

Is an application for vacant possession in family proceedings made under Family Procedure Rules 2010, 9.24? If so, what is the procedure, and is the application made in Form D11? Can such an application be combined with other applications, for example, the enforcement of a financial order by an attachment of earnings order or in relation to the breach of a non-molestation order?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.24 gives the court power to order any party to deliver up possession of land, including any...
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Produced in partnership with Nicholas Starks of St Ives Chambers 13th Feb
Practice notes

Standard orders—committal

This Practice Note provides information about, and access to, committal standard orders issued by the President of the Family Division, Sir James...
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18th Jan
Practice notes

Writ or warrant of possession of land

A writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that provides for a party to it to be...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 17th Jan
Practice notes

Attachment of earnings order

An attachment of earnings order (AEO) is a means of enforcing maintenance obligations under a court order made in the Family Court or the High Court,...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 17th Jan
Practice notes

Writ or warrant of control

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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Produced in partnership with David Salter, deputy High Court judge and Recorder 17th Jan
Practice notes

Third party debt order

A 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 third party who is...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 17th Jan
Q&As

What steps can a paying parent take to enforce provision contained in a consent order for the claw-back of payments of statutory child support made via the Child Maintenance Service against the recipient parent?

Save in certain cases such as where the paying party is based outside of the jurisdiction or their earnings are sufficient to warrant utilisation of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As

Where an order for sale has been made, and the respondent refuses to engage in the process for sale, should an application be made under the Family Law Act 1996 for an occupation order? What other remedies are available to force an owner to leave so the property can be sold?

The court has the power within financial remedy proceedings to make an order for sale. Section 24A of the Matrimonial Causes Act 1973 (MCA 1973)...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Practice notes

Receivership

The High Court has a general power to appoint a receiver by virtue of section 37 of the Senior Courts Act 1981 (SCA 1981). SCA 1981, s 37(6) provides...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 8th Jan
Practice notes

Enforcing an order for sale

By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 8th Jan
Practice notes

Judgment summons

A judgment summons is a summons made pursuant to the Debtors Act 1869 (DA 1869). It requires a debtor to appear in court. As long as the debtor has,...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 8th Jan
Q&As

In the context of a judgment summons hearing in family proceedings where the default relates to non-payment of spousal maintenance, is the judgment creditor formally required to attend the hearing in person?

A judgment summons is a procedure for the enforcement of a debt pursuant to a court order, for example the arrears of spousal maintenance. In the...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Practice notes

Periodical payments—means of payment order

A means of payment order (MPO) is an order requiring the payer of a 'qualifying periodical maintenance order' to make payments by a particular method...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 8th Jan
Q&As

A suspended committal order was made on a judgment summons application and the judgment debtor has now defaulted under the terms of the order. Other than the judgment creditor filing a statement of default (per Family Procedure Rules 2010, SI 2010/2955, 33.16(4)(b)) what other steps must be taken to apply for the committal of the judgment debtor?

Where an order has been made in family proceedings for the payment of money and it has not been satisfied, it is open to the judgment creditor in such...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As

How may an order for sale contained within a consent order made at a financial dispute resolution appointment in 2003 be enforced? Can the order be varied?

Where an order for sale has been made pursuant to section 24A of the Matrimonial Causes Act 1973 (MCA 1973), and one party is obstructing sale, an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Practice notes

Securities—charging orders, stop orders and stop notices

The Family Procedure (Amendment) Rules 2016, SI 2016/355 made amendments to the Family Procedure Rules 2010, SI 2010/2955, that, inter alia,...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 8th Jan
Q&As

Where a party has failed to make payments in accordance with a periodical payments order, can an application for a third party debt order include not only the arrears that have accrued to date but also future payments due under the periodical payments order?

A periodical payments order is an order within financial remedy proceedings under the Matrimonial Causes Act 1973 or Schedule 1 to the Children Act...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

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