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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

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 Funding content

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

Funding—legal services orders and costs allowances

Sections 49–54 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA 2012) introduced changes to the Matrimonial Causes Act 1973...

8th Mar

Practice notes

Eligibility for family legal aid

The availability of legal aid (formerly public funding) in relation to family proceedings was significantly reduced with effect from 1 April 2013,...

25th Feb

Precedents

Sears Tooth Agreement (Deed of Assignment to Secure Legal Costs)

This Deed is made the [insert date and month] 20[insert year]Parties1[Insert client's full name] of [insert client’s full address] (‘the Client'),...

14th Feb

Q&As

What is the procedure to be removed from the court record where a client refuses to provide a notice of change or acting?

Where a solicitor has placed themselves on the court record in accordance with Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 26.2, and...

13th Feb

Q&As

If one party wishes to get divorced but their spouse lacks capacity (and has been detained for attacking them), there is no one willing to act as a litigation friend and the Official Solicitor will not act because their costs will not be paid, what steps can the party seeking a divorce take?

Section 2 of the Mental Capacity Act 2005 (MCA 2005) provides that a person lacks capacity in relation to a matter if, at the material time, they are...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Precedents

Witness statement by solicitor in support of application for order that firm ceases to act

[Case number]In the Family CourtSitting at [place][In the matter of [state the statute(s), European Regulation(s) or Protocol under which application...

17th Dec

Practice notes