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Continued recognition of civil judgments between the UK and Norway

The following Commercial news provides comprehensive and up to date legal information on Continued recognition of civil judgments between the UK and Norway

What does IP completion day mean for the status of EU law in the UK?

The following Banking & Finance news provides comprehensive and up to date legal information on What does IP completion day mean for the status of EU law in the UK?

Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

The following Dispute Resolution news provides comprehensive and up to date legal information on Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

Brexit SI Bulletin—drafts laid for sifting on 13 September 2018

The following Commercial news provides comprehensive and up to date legal information on Brexit SI Bulletin—drafts laid for sifting on 13 September 2018

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

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

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

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

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 Private children content

Practice notes

Specific issue orders

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

27th Jan

Precedents

Standard order 2.1—financial remedy order—omnibus

In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...

27th Jan

Q&As

A child whose parents were not married lives in this jurisdiction with one of their parents. The non-resident parent lives in a non-EU country, has never paid maintenance and refuses to do so. Can the courts in this jurisdiction make a maintenance order and what would be the procedure for such an application?

Section 4(1) of the Child Support Act 1991 (CSA 1991) provides that a person who is, in relation to any qualifying child or any qualifying children,...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 27th Jan

Q&As

Where child maintenance is currently payable under the statutory scheme, but the parent with care intends to move with the child to another EU country, can the courts in England and Wales make an order for maintenance prior to the relocation for both maintenance and school fees and would that order be enforceable after the relocation? Will the position be different if the UK leaves the EU?

Child maintenance is, as a general rule, governed by the Child Maintenance Service (CMS) and the court does not have jurisdiction to make any order in...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 27th Jan

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....

26th Jan

Q&As

An order made by consent provides for maintenance to be paid to the parent with care for the benefit of the child until the child reaches the age of 18 or finishes their secondary education (whichever is later), and thereafter for the maintenance to be paid directly to the child until they finish their tertiary education. In the event of the payer defaulting in relation to payments direct to the child, how can the order be enforced? Can it be enforced on behalf of the child, or can the child enforce the order even where they were not a party to the original order?

An order made within financial remedy proceedings between divorcing spouses may make provision for periodical payments to be paid by one party to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

On an application for a top-up child maintenance order under Schedule 1 to the Children Act 1989, can the court take into account that the non-resident parent lives with their wealthy parents and has no day-to-day living costs and significant inheritance prospects?

An application can be made to the court for a 'top-up' maintenance order where a maintenance calculation has been undertaken by the Child Maintenance...

22nd Jan

Practice notes

Procedure—application to appoint or remove a guardian

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

18th Jan

Practice notes

Termination of guardianship

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

18th Jan

Practice notes

Private children proceedings in Scotland

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Karen Gibbons of Harper Macleod LLP 17th Jan

Scottish Law

Practice notes

Change of name of a child

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

17th Jan

Practice notes

Service of documents in family proceedings other than applications for matrimonial and civil partnership orders in the United Kingdom

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

17th Jan

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...

17th Jan

Practice notes

Child arrangements orders—contact

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

17th Jan

Practice notes

Surrogacy—parental orders—procedure

A parental order is an order providing for a child to be treated in law as the child of the applicant(s) if the child has been carried by a woman who...

17th Jan

Practice notes

The effect of an unmarried father acquiring parental responsibility

Upon being granted parental responsibility for his child the legal position of an unmarried father changes and the main effects are as set out...

17th Jan

Practice notes

Child support—children with special needs

The court retains jurisdiction to make orders for maintenance where a personal independence payment is paid to or in respect of a child, or where a...

17th Jan

Practice notes

Special guardianship orders

Special guardianship ordersA special guardianship order (SGO) is an order appointing one or more individuals to be a child's special guardian. It has...

17th Jan

Practice notes