Private children

Practice notes

Restriction on further applications under the Children Act 1989—section 91(14) orders

Restriction on further applicationsSection 91(14) of the Children Act 1989 (ChA 1989) provides that when a court disposes of any application for an...

7th May

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...

7th May

Practice notes

The statutory checklist—Children Act 1989

Application of the checklistThe Children Act 1989 (ChA 1989) contains a checklist of factors (commonly referred to as the statutory checklist or the...

7th May

Practice notes

Reports under section 7 of the Children Act 1989

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

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 6th May

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....

5th May

Practice notes

Maintenance provision for children under Schedule 1 to the Children Act 1989

This Practice Note sets out the jurisdiction of the court to make a periodical payments order for a child (maintenance provision) under Schedule 1 to...

29th Apr

Q&As

Can the court make a legal services order, or an interim order for costs, on an application under Schedule 1 to the Children Act 1989?

Can the court make a legal services order in Schedule 1 proceedings?A legal services order may only be made in relation to proceedings under the...

27th Apr

Practice notes

Child maintenance provisions via the court

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

27th Apr

Practice notes

Court's case management powers—FPR 2010

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

27th Apr

COVID-19

Q&As

An unmarried couple, Party A and Party B, conceive a child through IVF using donor sperm. Party B is not biologically related to the child, nor are they on the birth certificate and there are no court orders in relation to the child. The parties purchase a property as joint tenants and agree that it is intended to be a gift for Party A to live in with the child. Party B wants to sell the property. Can Party A apply to remain in the property under the Trusts of Land and Appointment of Trustees Act 1996 or Schedule 1 to the Children Act 1989?

In the scenario of this Q&A, a party with a beneficial interest in a property (Party A) seeks to prevent the co-owner (Party B) from selling the...

26th Apr

Practice notes

Private children proceedings in Scotland

Coronavirus (COVID-19): Guidance has been issued regarding all proceedings in Scotland during the coronavirus (COVID-19) pandemic and until further...

Produced in partnership with Karen Gibbons of Harper Macleod LLP 26th Apr

Scottish Law

Practice notes

Costs in family proceedings

General principlesThe relevant costs provisions are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 28 and FPR 2010, PD 28A....

Produced in partnership with David Salter of Deputy High Court judge and Recorder 21st Apr

Q&As

How would the court approach an application for contact with a child by someone who is under a disability, for example a parent who suffered a brain injury and the child will need to be cared for during contact by a third party? Is there any relevant case law applicable to these circumstances?

A child arrangements order (CAO) made under section 8 of the Children Act 1989 (ChA 1989) may specify with whom a child will have contact and when...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 21st Apr

Q&As

Can a parent who lives outside the UK with the child make an application under Schedule 1 to the Children Act 1989 where the non-resident parent lives in England and Wales? What are the potential implications of Brexit on such an application?

The jurisdiction of the courts to deal with applications for maintenance for the benefit of children is set out in Schedule 1 to the Children Act 1989...

Produced in partnership with Marissa Allman of The 36 Group 20th Apr

Brexit

Q&As

In a claim against an estate for monies owed under a child maintenance order representing unpaid maintenance payments going back more than six years, do the usual limitation periods apply or does the CSA or child maintenance service have any regulations relevant to this scenario?

This Q&A considers whether there is a limitation period that applies for the collection and enforcement of arrears of child maintenance. It...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 20th Apr

Practice notes

Wasted costs

Misconduct and wasted costs ordersA wasted costs order is an order:•that a legal representative pay a sum (either specified or to be assessed) in...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 20th Apr

Practice notes

Vulnerable persons—participation and evidence in family proceedings

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

20th Apr

Q&As

Where a husband and wife were married before the conception of a child (who is now aged ten), and the husband has only just discovered that he is not the biological father of the child, does he have parental responsibility for that child?

The short answer to this question is no. Unless a child is born as a result of assisted reproduction techniques to which he consented, a husband does...

Produced in partnership with Ruth Cabeza of Harcourt Chambers 14th Apr

Q&As

Where a parent retains a child in breach of a child arrangements order providing for the child to live with the other parent, what steps should be taken to ensure the return of the child, and are there any cases dealing with the return of a child pending investigation into the retaining parent’s case?

A child arrangements order (CAO) is made under section 8 of the Children Act 1989, (ChA 1989), and it can provide that a child lives with parent A and...

Produced in partnership with Ruth Cabeza of Harcourt Chambers 14th Apr

Q&As

Where parties agree a clean break upon divorce, what is the position with regard to child maintenance, and will that continue to be paid?

A clean break involves the dismissal of the claims by each spouse or civil partner against the other for financial remedies on divorce or dissolution....

Produced in partnership with Ruth Cabeza of Harcourt Chambers 14th Apr

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