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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

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

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of

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...

15th Oct

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...

12th Oct

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 Oct

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 Oct

COVID-19

In-house

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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....

26th Sep

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...

26th Sep

COVID-19

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

25th Sep

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...

25th Sep

Most recent Private children content

Practice notes

Child support—school fees

The court retains jurisdiction to make an order that a non-resident parent (NRP), or person by whom the relevant child has been treated as a child of...

2nd Sep

Practice notes

The meaning and scope of parental responsibility

DefinitionParental responsibility is concerned with the care and upbringing of a child until they grow up.Under the Children Act 1989 (ChA 1989)...

25th Sep

Practice notes

Jurisdictional issues in children proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts...

25th Sep

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...

25th Sep

Practice notes

Welfare of the child—continued parental involvement scenarios

Presumption of continued parental involvementWhen section 11 of the Children and Families Act 2014 (CFA 2014) came into force on 22 October 2014 it...

25th Sep

Practice notes

The effect of an unmarried father acquiring parental responsibility

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when...

25th Sep

Practice notes

Guardianship

GuardianshipA guardian is someone who has been formally appointed to take the place of the child's deceased parent.A guardian may only be appointed in...

25th Sep

Practice notes

Revocation and disclaimer of appointment of guardians

Revocation by parent, guardian or special guardianThe appointment of a guardian by a parent, guardian or special guardian may be revoked in the...

25th Sep

Practice notes

Applicants for a special guardianship order

Circumstances in which a special guardianship order may be madeThe court may make a special guardianship order (SGO):•as the result of a free-standing...

25th Sep

Practice notes

Grandparents and children proceedings

Although it is generally recognised that grandparents can play an important role in the lives of their grandchildren, grandparents do not have an...

25th Sep

Practice notes

Welfare of the child—presumption of continued parental involvement

Presumption of continued parental involvementPursuant to section 1(2A) of the Children Act 1989 (ChA 1989), which was inserted by section 11 of the...

25th Sep

Practice notes

Conflicting interests and human rights

The welfare of more than one childIn situations where the welfare of two children who have conflicting interests is inextricably linked, the court...

25th Sep

Practice notes

Support for special guardians

Support for special guardiansUnder the Children Act 1989 (ChA 1989), local authorities have an obligation to make arrangements for the provision of...

25th Sep

Practice notes

Duration, variation and discharge of special guardianship orders

Duration of special guardianship ordersA special guardianship order (SGO) will continue until the child attains the age of 18 unless it is discharged...

25th Sep

Practice notes

Acquisition of parental responsibility by unmarried fathers

Who has parental responsibility?At birth•where the parents were married to each other, or from 2 December 2019 civil partners of each other at the...

25th Sep

Practice notes

Leave to remove—internal relocation

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when...

25th Sep

Practice notes

Child arrangements orders that provide for a child to live with two or more persons who do not live together

Child arrangements orders providing for a child to live with two or more personsSince 22 April 2014 residence and contact orders have been replaced by...

25th Sep

Practice notes

Child arrangements and contact orders—domestic abuse and harm

Child arrangements and contact orders—domestic abuse and harmA substituted Family Procedure Rules 2010 (FPR 2010), FPR 2010, PD 12J (Child...

25th Sep

Practice notes

Child support—disputed paternity

This Practice Note deals with the circumstances where a claim is made for child support and paternity is disputed. It details the cases in which there...

25th Sep

Practice notes

Standard orders—medical treatment

This Practice Note provides information about, and access to, medical treatment standard orders issued by the President of the Family Division, Sir...

25th Sep