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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))

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))

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

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

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...

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

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...

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

Most recent Jurisdiction content

Q&As

Divorce proceedings were issued in England and Wales on the basis of the petitioner’s indication as to domicile in England as their permanent home. Both parties are resident abroad but own a property in England and Wales. Having originally accepted the jurisdictional basis of the petition for convenience, can the respondent now contest jurisdiction in relation to financial proceedings?

The question does not indicate whether the petition was issued before 1 January 2021 or on or after that date. This will determine whether or not...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 15th Apr

Practice notes

Recognition of divorce and legal separation under the 1970 Hague Convention

The Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations (the 1970 Hague Convention) is intended to regulate the recognition...

8th Apr

Practice notes

Domicile and habitual residence

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....

Produced in partnership with David Salter, deputy High Court judge and Recorder 30th Mar

In-house

Practice notes

Inherent and statutory jurisdiction

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....

Produced in partnership with David Salter, deputy High Court judge and Recorder 19th Mar

Practice notes

Jurisdictional issues in children proceedings

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....

9th Mar

Q&As

Where a party was born and married in Wales and now lives in Scotland, where can they issue divorce proceedings?

There are two courts in Scotland where actions of divorce and dissolution can be raised—the sheriff court local to one or both of the parties, and the...

13th Feb

Scottish Law

Practice notes

Jurisdiction for petitions for dissolution and separation orders for civil partners

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....

8th Feb

Q&As

Is there a specific period of time for which the courts in England and Wales will retain jurisdiction in a children matter after the child has moved to, and is habitually resident in, a non-EU Member State?

The jurisdiction of the courts of England and Wales is linked to where a child is determined to be habitually resident. As per Re B (A Child) at para...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 2nd Feb

Q&As

The parties were married in the UK. Divorce proceedings were started in a non-EU jurisdiction as the parties then lived in that jurisdiction, but the decree absolute has not been received as it has been lost by the court, which has been unable to locate it. Are the parties now able to start divorce proceedings in England and Wales? One spouse now resides in the UK, and the other spouse still resides in the non-EU jurisdiction.

The Family Law Act 1986 (FLA 1986) introduced provisions for the recognition of overseas divorces which took place on or after 4 April 1988. In...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 2nd Feb

Q&As

If divorce proceedings are commenced in England against a respondent living in Ireland, will the issue of the divorce petition mean that the English court automatically has jurisdiction in relation to financial matters as well or is it necessary to issue a Form A to ensure that the English court has jurisdiction in relation to financial matters?

Firstly, the applicant will need to ensure that the English court has jurisdiction to deal with the divorce proceedings. At present, both England and...

2nd Feb

Q&As

Where a divorce petition was issued relying on domicile as the basis for jurisdiction, and the petitioner would now satisfy the requirements as to habitual residence, is it possible to amend the petition and add habitual residence as a basis for jurisdiction, or is it necessary to file a new petition?

Alterations of, or additions to, a petition may be made by amendment and a petition may be amended by adding an additional or substituted prayer, for...

Produced in partnership with Paul Infield of The 36 Group 2nd Feb

Q&As

Where the proposed applicant for a child arrangements order lives in England, but the child and the parent with care live in Scotland, where should proceedings be issued?

Proceedings in respect of parental responsibilities and rights must comply with the jurisdictional requirements of Council Regulation (EC) 2201/2003...

2nd Feb

Practice notes

Recognition of overseas marriage or civil partnership

In contrast to the recognition of overseas divorce or dissolution of civil partnership, the recognition of an overseas marriage or civil partnership...

2nd Feb

Q&As

A party, who is resident in England and Wales, is harassing their former spouse, who resides permanently in Hong Kong, via email and social media. Do the courts in England and Wales have jurisdiction to make a non-molestation order under the Family Law Act 1996 (FLA 1996) in such circumstances?

This Q&A raises two particular issues, namely:•jurisdiction in respect of applications for non-molestation orders made by persons outside the UK,...

Produced in partnership with Marissa Allman and Matthew Fletcher of The 36 Group and 1 Garden Court 2nd Feb

Q&As

A couple are British citizens, and lived in England until 2016. They still have properties in England and complete UK tax returns. In 2016, they moved to another EU country for one party’s job on a three-year contract. Do the courts in England and Wales have jurisdiction as to the issue of divorce proceedings?

The courts in England and Wales have jurisdiction in relation to proceedings for divorce and judicial separation under Council Regulation EC 2201/2003...

2nd Feb

Q&As

Does the court in England and Wales have jurisdiction in relation to divorce proceedings where the petitioner lives in England and the respondent lives in Spain? Is the petitioner responsible for service of the petition on the respondent in Spain and if so, what is the procedure?

In matters relating to a divorce which commenced after 1 March 2005 (the date when Brussels IIA bis came into effect), jurisdiction lies with the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 2nd Feb

Q&As

One parent is a British citizen and the other parent is a citizen of Denmark, where the parties child was born. Subsequently the parties and the child lived for most of the child’s life in a non-EU country. The parents returned to the UK with the child three months ago and one parent now wishes to return to the non-EU country with the child. Will the courts in England and Wales have regard to how long the child has been in the UK as to their jurisdiction? Will the position be different post-Brexit?

The jurisdiction of the family courts in England and Wales derives from Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning...

Produced in partnership with Matthew Fletcher of 1 Garden Court Chambers 2nd Feb

Practice notes

EU collection—Family

This page collects together Family content that addresses matters of EU law.For information on EU law generally, see EU structure, EU legislative...

1st Feb

Practice notes

Recognition of overseas divorce or dissolution of civil partnership

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....

1st Feb

Q&As

Where parties to a divorce were living in England at the time that divorce proceedings were commenced and are now living in Spain can either party issue an application for a financial order in England?

The English courts will grant a divorce to parties provided that there is jurisdiction to do so and the ground for divorce is made out. The court has...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Jan

Jurisdiction

View Family by content type:

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))

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))

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

Private children—paramountcy of the child's welfare

Pension attachment orders

The no order principle

Most recent Jurisdiction content

Popular documents

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The doctrine of res judicata

Fiduciary Duties

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