Methods of enforcement

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Private children—paramountcy of the child's welfareThe paramountcy principleWhen any court determines any question with respect to:•the upbringing of...
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19th May
Practice notes
The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
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19th May
Practice notes
DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...
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19th May
Q&As
Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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19th May
Practice notes
Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...
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19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes
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...
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19th May
Practice notes
The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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19th May
Practice notes
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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes
Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May
Practice notes
Undefended divorce proceedingsOnline divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public...
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19th May
Practice notes
Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...
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19th May
Practice notes
Drafting the terms of a financial consent orderThis Practice Note sets out the basic principles to be applied when drafting a financial consent order...
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19th May
Practice notes
Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...
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19th May

Most recent Methods of enforcement content

Q&As
Are there any particular requirements for the appointment of a receiver in family proceedings? Can a receiver be appointed as an interim measure...
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1st Aug
Q&As
Can arrears of maintenance under a periodical payments order made in the Family Court be enforced using the ‘Money Claim Online’ process rather than...
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1st Aug
Q&As
What is the difference between an application for a means of payment order and an application for ‘such a method of enforcement as the court considers...
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1st Aug
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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug
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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul
Practice notes
Standard orders—enforcementThis Practice Note provides information about, and access to, enforcement standard orders issued by the President of the...
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31st Jul
Practice notes
Writ or warrant of possession of landA writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Practice notes
Sequestration to enforce a financial orderSequestration is a process whereby a creditor applies to the court for sequestrators to take possession of...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Practice notes
ReceivershipThe 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...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Practice notes
Periodical payments—means of payment orderA means of payment order (MPO) is an order requiring the payer of a 'qualifying periodical maintenance...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul
Practice notes
Judgment summonsA 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...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Practice notes
Charging ordersA charging order is an order enabling the payment of a judgment debt to be secured by imposing a charge against certain types of the...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Q&As
Should an application for enforcement be made in Form D50K (Notice of application for enforcement by such method as the court may consider...
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31st Jul
Practice notes
Standard orders—committalThis Practice Note provides information about, and access to, committal standard orders issued by the President of the Family...
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31st Jul
Q&As
If a respondent to application for attachment of earnings in respect of a spousal maintenance order makes an application to vary the original order,...
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31st Jul

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