Variation of financial remedy orders

The term financial remedy is defined in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 2.3 and encompasses proceedings for a wide range of orders, see further Practice Note: Financial proceedings—orders that can be made by the court — What are financial remedies and financial orders?.

Not all orders made in such proceedings are capable of variation. In very broad terms, almost no orders of a capital nature can be varied whereas income orders generally can. Nevertheless, in addition to provisions enabling the variation of specific types of order, the law recognises some limited ways in which orders that are normally incapable of variation may be altered or discharged in restricted circumstances.

Financial orders—orders the court can vary

The term, financial order, refers to the orders the court can make in proceedings for an order of divorce/dissolution, nullity or (judicial) separation. Some of these are capable of variation, including orders for maintenance pending suit/outcome of proceedings, interim maintenance, periodical payments, legal services and lump sums by instalments, in addition to orders for sale, provided the underlying capital order remains unchanged. In general, capital orders

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Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.

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