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Latest Family News

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)

The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

The following Family news provides comprehensive and up to date legal information on The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

Featured Family content

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...

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...

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

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...

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

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...

9th Nov

Most recent Pre-action content

Practice notes

Electronic signatures

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the coronavirus...

13th Apr

COVID-19

In-house

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 13th Apr

Practice notes

Data protection principles

On 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the extensive data flows between the EEA and UK, equivalent EEA data...

Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 12th Apr

Practice notes

UK GDPR and EU GDPR—sanctions and enforcement

On 31 January 2020, the UK ceased to be an EU Member State and entered a Brexit implementation period. This Practice Note introduces the approach to...

12th Apr

Practice notes

Public funding in care proceedings

Public funding in care proceedings is provided for parties by the Legal Aid Agency (LAA) who are an executive agency of the Ministry of Justice...

Produced in partnership with Claire Cousin of Dodds Solicitors LLP 9th Apr

Practice notes

Severance of a joint tenancy

Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...

8th 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

Family arbitration—introduction

This Practice Note outlines the process of arbitration in family cases, which has been available for financial disputes since March 2012, and for...

Produced in partnership with Suzanne Kingston of Mills & Reeve 1st Apr

Practice notes

Family arbitration—the role of the courts

This Practice Note outlines the role of the courts in relation to family arbitration. In family cases, arbitration will take place under the Institute...

1st Apr

Practice notes

Non-court dispute resolution glossary

This Practice Note sets out commonly used terms and their meaning in the non-court dispute resolution processes of family mediation, collaborative law...

Produced in partnership with Suzanne Kingston of Mills & Reeve 1st Apr

Practice notes

Mediation—introduction

This Practice Note sets out the features of mediation, the cases in which it will be most appropriate and the advantages of the mediation process.What...

Produced in partnership with Suzanne Kingston of Mills & Reeve 1st Apr

Practice notes

Non-court dispute resolution—mediation information and assessment meetings (MIAMs)

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

1st 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

Notices and restrictions

Notices and restrictions may be used to afford some limited protection of an asset comprising land or property, which comprises registered land, in...

25th Mar

Practice notes

Introduction to the EU GDPR and UK GDPR

On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...

24th Mar

In-house

Practice notes

Processing personal data—standard of consent

This Practice Note is based on the UK General Data Protection Regulation (UK GDPR) and consent guidance published by the Information Commissioner’s...

22nd Mar

Practice notes

Processing personal data—obtaining, recording and managing consent

This Practice Note is based on the UK GDPR and consent guidance published by the Information Commissioner’s Office (ICO).What is consent?Consent is...

22nd Mar

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

Precedents

Divorce—client guide

This document provides general guidance regarding divorce procedure. Your family lawyer will be able to provide specific advice based on your...

11th 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