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Latest Family News

What do English local authorities need to know when placing a child in Scotland?

The following Family news provides comprehensive and up to date legal information on What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—August 2021

The millionaire’s defence, costs funding and interim provision in Schedule 1 to the Children Act 1989 proceedings

The following Family news provides comprehensive and up to date legal information on The millionaire’s defence, costs funding and interim provision in Schedule 1 to the Children Act 1989 proceedings

High Court grants privacy injunction in private law children proceedings

The following Family news provides comprehensive and up to date legal information on High Court grants privacy injunction in private law children proceedings

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?As a result of the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution...

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...

Procedure for an application for an occupation order

Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...

The ground for divorce

The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...

Practice notes

Occupation orders

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

19th May

COVID-19

Practice notes

Applications under the Protection from Harassment Act 1997

Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...

19th May

Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...

19th May

Practice notes

Client care—family law

Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...

19th May

Practice notes

Pensions and judicial separation

Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May

Practice notes

Mesher and Martin orders

Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...

19th May

Practice notes

Defended divorce proceedings

Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...

19th May

Precedents

Letter to court applying for decree absolute more than 12 months after decree nisi

Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...

19th May

Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Practice notes

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyers

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...

19th May

Practice notes

Void and voidable marriages

Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...

19th May

Q&As

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Practice notes

Freezing orders (Mareva)—family proceedings

Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May

Practice notes

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May

Practice notes

General principles—lump sum orders

General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...

19th May

Practice notes

Standard orders—general principles

Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...

19th May

Most recent Private children content

Q&As

Where a child is born to one female parent, who conceived other than through licensed assisted reproduction treatment, and that parent marries or forms a civil partnership with the second female parent a few days before the child is born, does the second female parent automatically have parental responsibility for the child?

Where a child is born to one female parent, who conceived other than through licensed assisted reproduction treatment, and that parent marries or...

Produced in partnership with Marisa Allman of The 36 Group 9th Sep

Q&As

Where the parties reach a child arrangements order by consent which stipulates that the father is to have no contact with the child, is this likely to be approved by the court in the absence of the parties?

Where the parties reach a child arrangements order by consent which stipulates that the father is to have no contact with the child, is this likely to...

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

Q&As

What is the liability of the parties in a situation in which an expert has partly completed enquiries but has not produced a report and is then, due to health reasons, unable to complete their report? Can the court itself be asked to bear such abortive costs?

What is the liability of the parties in a situation in which an expert has partly completed enquiries but has not produced a report and is then, due...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 7th Sep

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Child Arrangements Programme—the procedure for section 8 applicationsCoronavirus (COVID-19): Guidance has been issued, including by the President of...

6th Sep

COVID-19

In-house

Practice notes

Court's case management powers—FPR 2010

Court's case management powers—FPR 2010Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding...

27th Aug

COVID-19

Q&As

A non-resident parent (NRP) is self-employed via their own company, and able to select how company funds are applied for their benefit (including meeting quasi-personal costs within the company wherever legally possible), and also using a large director's loan to return money to them each year in lieu of salary dividends. What approach will the Child Maintenance Service (CMS) take to this on assessment of the NRP’s income? Will the CMS take a broader view, or will its assessment be limited to the salary/dividends as reported on the NRP’s tax return?

A non-resident parent (NRP) is self-employed via their own company, and able to select how company funds are applied for their benefit (including...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Do the parties need to complete a statement of information (in Form D81) when lodging a consent order at court regarding proceedings under Schedule 1 to the Children Act 1989? The parties have already filed and exchanged Forms E1 but reached agreement before the first appointment.

Do the parties need to complete a statement of information (in Form D81) when lodging a consent order at court regarding proceedings under Schedule 1...

18th Aug

Q&As

A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be made instead. In addition, the local authority says it will support the child’s grandmother as to an application for a special guardianship order in a few months’ time. What are the factors that should be considered as to the appropriate course of action, in particular as to support for the grandmother including financial support?

A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Is there any guidance on what to expect from a global family assessment in parental alienation cases?

Is there any guidance on what to expect from a global family assessment in parental alienation cases?Although the phrase parental alienation is now...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Is there a form for the summary assessment of means as to the respective contributions of the parties towards the costs of an expert in private law children proceedings? If not, how will the court make an assessment of what the parties’ contributions should be?

Is there a form for the summary assessment of means as to the respective contributions of the parties towards the costs of an expert in private law...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

A local authority report has been prepared in relation to a special guardianship application but the application for a special guardianship order has not yet been issued by the court, nor have directions for filing the report been given. Can the report be filed as soon as it is completed, or only when the court has directed that it be filed? If it can be filed as soon as it is completed, who is responsible for filing the report?

A local authority report has been prepared in relation to a special guardianship application but the application for a special guardianship order has...

18th Aug

Q&As

A final order has been made by lay justices under section 13 of the Children Act 1989. That order was appealed and the appeal was dismissed by a circuit judge. Is permission required for a second appeal and would that appeal be heard by the Court of Appeal as opposed to the High Court? If not what is the correct procedure?

A final order has been made by lay justices under section 13 of the Children Act 1989. That order was appealed and the appeal was dismissed by a...

Produced in partnership with Kyle Squire of 5 Pump Court 18th Aug

Q&As

Where a party has been sectioned under the Mental Health Act 1983, but still has capacity, can they be served with court orders made under the Family Law Act 1996 and the Children Act 1989, by a process server, while they are in a hospital psychiatric unit?

Where a party has been sectioned under the Mental Health Act 1983, but still has capacity, can they be served with court orders made under the Family...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug

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

18th Aug

Q&As

The father was not included on the birth certificate of a child because he died before the child was born. There is no dispute as to parentage and the mother would like the birth certificate amended to include the deceased father. Is a declaration of parentage required, or can the birth certificate be amended by statutory declaration?

The father was not included on the birth certificate of a child because he died before the child was born. There is no dispute as to parentage and the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Does an application to vary a child arrangements order have to be heard by the judge who made the original order?

Does an application to vary a child arrangements order have to be heard by the judge who made the original order?The procedure for the variation or...

18th Aug

Q&As

DNA evidence has confirmed the paternity of the biological father, but the mother does not wish the father’s details to be included on the child’s birth certificate. The 42-day registration period under section 2 of the Birth and Deaths Registration Act 1953 (BDRA 1953) has not yet elapsed. If the father completes a statutory declaration of acknowledgement of parentage in Form 16 (for the purposes of BDRA 1953, ss 10, 10A) and attends before the registrar, will his details then be included on the birth certificate?

DNA evidence has confirmed the paternity of the biological father, but the mother does not wish the father’s details to be included on the child’s...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

The parties to children proceedings have been ordered to provide a position statement in response to a CAFCASS report. Should the content of the statement be as in a usual position statement, or as in a witness statement?

The parties to children proceedings have been ordered to provide a position statement in response to a CAFCASS report. Should the content of the...

Produced in partnership with Maria Scotland of 5 St Andrews Hill 18th Aug

Q&As

What is the procedure for applying to vary a financial consent order, and can this be done by way of a further financial consent order lodged with the court?

What is the procedure for applying to vary a financial consent order, and can this be done by way of a further financial consent order lodged with the...

18th Aug

Q&As

In a private law children case would the evidence of a private investigator as to the amount of time that the father is spending with a child be admissible in court and would an application be required?

In a private law children case would the evidence of a private investigator as to the amount of time that the father is spending with a child be...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug

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Private children

View Family by content type:

Latest Family News

What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

The millionaire’s defence, costs funding and interim provision in Schedule 1 to the Children Act 1989 proceedings

High Court grants privacy injunction in private law children proceedings

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Working with counsel

Procedure for an application for an occupation order

The ground for divorce

Most recent Private children content

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Scotland: the Accountant in Bankruptcy

Issue of redeemable shares

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