Child arrangements orders

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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...

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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...

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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 Child arrangements orders content

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

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

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

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

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

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

Q&As

If a father does not have parental responsibility for a child does he have to be named in an application by the maternal grandmother for a child arrangements order?

If a father does not have parental responsibility for a child does he have to be named in an application by the maternal grandmother for a child...

18th Aug

Q&As

Where a father with parental responsibility (but who is not the biological father) has issued an application under the Children Act 1989, is he required to serve or give notice of the proceedings to the biological father?

Where a father with parental responsibility (but who is not the biological father) has issued an application under the Children Act 1989, is he...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 18th Aug

Q&As

In private law children proceedings under the Children Act 1989, where the whereabouts of the respondent is unknown to the applicant, can social services be ordered to serve the respondent?

In private law children proceedings under the Children Act 1989, where the whereabouts of the respondent is unknown to the applicant, can social...

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

Q&As

Can the magistrates court or lay justices make a costs order in children act proceedings? What is the authority?

Can the magistrates court or lay justices make a costs order in children act proceedings? What is the authority?The Family Procedure Rules 2010 (FPR...

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

Q&As

Where a child arrangements order has been made by consent before lay justices, and one party alleges that the terms of the agreement that formed the basis of the consent order had not been fully explained to them, is it possible to request written reasons for the decision, pursuant to Family Procedure Rules 2010, SI 2010/2955, Pt 27?

Where a child arrangements order has been made by consent before lay justices, and one party alleges that the terms of the agreement that formed the...

18th Aug

Q&As

Can a private children application under section 8 of the Children Act 1989 be withdrawn? What is the procedure to do so, and the approach of the courts to such an application?

Can a private children application under section 8 of the Children Act 1989 be withdrawn? What is the procedure to do so, and the approach of the...

18th Aug

Q&As

Where an application is made to enforce an existing child arrangements order, can the court attach a penal notice to the order as regards potential future non-compliance with the terms of the order as opposed to existing non-compliance?

Where an application is made to enforce an existing child arrangements order, can the court attach a penal notice to the order as regards potential...

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

Q&As

What steps should be taken where a parent with parental responsibility lacks capacity to issue proceedings for a child arrangements order as to contact? If no parent with parental responsibility is able to take care of the child, what steps may be taken by other family members in a private children context in relation to the arrangements for the child?

What steps should be taken where a parent with parental responsibility lacks capacity to issue proceedings for a child arrangements order as to...

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

Q&As

In private law children proceedings what application should be made by a guardian where a mother is refusing to allow the guardian and her solicitor permission to see the children?

In private law children proceedings what application should be made by a guardian where a mother is refusing to allow the guardian and her solicitor...

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

Q&As

If the whereabouts of the respondent to an application under section 8 of the Children Act 1989 are unknown what steps should the applicant take regarding service?

If the whereabouts of the respondent to an application under section 8 of the Children Act 1989 are unknown what steps should the applicant take...

18th Aug

Q&As

Where an interim child contact arrangements order is in place and one of the parties is verbally abusive during contact in breach of a non-molestation order, what steps should be taken if the other party wishes to suspend contact? What applications can be made to the court, and what court form should be used?

Where an interim child contact arrangements order is in place and one of the parties is verbally abusive during contact in breach of a non-molestation...

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

Q&As

The respondent in proceedings under the Children Act 1989 is unable to attend a dispute resolution appointment because of a holiday. What is the procedure to apply to adjourn the hearing and what are the grounds for seeking an adjournment?

The respondent in proceedings under the Children Act 1989 is unable to attend a dispute resolution appointment because of a holiday. What is the...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 18th Aug

Q&As

In private law children proceedings under section 8 of the Children Act 1989, if a party is thought to lack capacity to litigate, is there guidance as to how the court would determine the issue of whether to appoint a litigation friend if that party refuses to comply with expert assessment?

In private law children proceedings under section 8 of the Children Act 1989, if a party is thought to lack capacity to litigate, is there guidance as...

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

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Child arrangements orders

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 Child arrangements orders content

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Form of transfer of shares

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Lexcel—assessment

Indemnity costs orders—principles

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