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Child arrangements orders

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Can care orders and special guardianship orders coexist? (Re F and another)

Can care orders and special guardianship orders coexist? (Re F and another)

The following Family news provides comprehensive and up to date legal information on Can care orders and special guardianship orders coexist? (Re F and another)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

The following Family news provides comprehensive and up to date legal information on Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Family monthly highlights—April 2021

Family monthly highlights—April 2021

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

Court of Appeal reverses Court of Protection’s decision to discharge P’s mother as party to proceedings (Re P (discharge of party) AA v Southwark London Borough Council)

Court of Appeal reverses Court of Protection’s decision to discharge P’s mother as party to proceedings (Re P (discharge of party) AA v Southwark London Borough Council)

Court of Appeal reverses Court of Protection’s decision to discharge P’s mother as party to proceedings (Re P (discharge of party) AA v Southwark London Borough Council)

Featured Family content

Declarations of parentage—procedure

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...

General principles—lump sum orders

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...

The grounds on which a marriage is voidable

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...

Specimen statement of issues for a first appointment—financial remedy application

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...

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...
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9th Nov
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...
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9th Nov
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...
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9th Nov
tag iconCOVID-19 tag iconIn-house
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...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
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...
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9th Nov
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....
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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...
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9th Nov
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...
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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...
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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...
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9th Nov
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...
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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...
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9th Nov
tag iconCOVID-19
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...
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9th Nov
Practice notes

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...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Practice notes

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...
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9th Nov
Precedents

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Child arrangements orders content

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...
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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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 6th May
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...
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Produced in partnership with Karen Gibbons of Harper Macleod LLP 26th Apr
tag iconScottish Law
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...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 21st 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...
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Produced in partnership with Ruth Cabeza of Harcourt Chambers 14th Apr
Practice notes

Issuing private children proceedings in the Family Court

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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1st Apr
tag iconIn-house
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...
Read More >
1st Apr
tag iconCOVID-19 tag iconIn-house
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...
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30th Mar
Q&As

Is the term parental alienation defined in case law and what are the key cases regarding parental alienation? Is there any case law regarding the independence of the Children and Family Court Advisory and Support Service officers when preparing reports under section 7 of the Children Act 1989 looking at allegations of parental alienation?

Where a family relationship involving children breaks down, there are some cases in which extreme, negative behaviour may be displayed by one parent...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As

An application to the court for a section 8 order under the Children Act 1989 (ChA 1989) on Form C100 has been made. Included in this was a provision for a specific issue and prohibited steps. Directions have been agreed but matters have become urgent and an application for prohibited steps within the existing proceedings needs to be made. What application form is needed? Where proceedings have been issued seeking orders under ChA 1989, s 8, which form should be used to make an interim application for a prohibited steps order within those proceedings?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18, supplemented by FPR 2010, PD 18A, sets out the procedure to be adopted for other...
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13th Feb
Q&As

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 2010), SI 2010/2955 disapply the costs provisions under CPR 44 which provide for the starting point on costs to...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As

A father has parental responsibility and is currently involved in proceedings under the Children Act 1989. He cannot obtain copies of his child's medical records or school reports. Can he make an application for that information to be disclosed? If so, what application form should be used?

‘Parental responsibility’ is defined by section 3(1) of the Children Act 1989 (ChA 1989) as being ‘all the rights, duties, powers, responsibilities...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As

To what extent are the criminal convictions of the family of a party to proceedings for a child arrangements order relevant? Will a party’s association with family members who have serious criminal convictions (that do not relate to children offences or domestic abuse) be taken into account by the court? To what extent will evidence relating to the convictions of wider family members be admissible? Would be the position be different if a family member had convictions regarding domestic abuse?

Since 22 April 2014, when section 12 of the Children and Families Act 2014 (CFA 2014) came into effect, the terms 'residence' and 'contact' have no...
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13th Feb
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?

The rules in respect of private law proceedings relating to children are largely contained in Part 12 of the Family Procedure Rules 2010 (FPR 2010),...
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13th Feb
Q&As

An application to the court for a section 8 order under the Children Act 1989 on Form C100 has been made. Included in this was provision for a specific issue and prohibited steps. Directions have been agreed but matters have become urgent and an application for prohibited steps within the existing proceedings needs to be made. What application form is needed? Where proceedings have been issued seeking orders under section 8 of the Children Act 1989 which Form should be used to make an interim application for a prohibited steps order within those proceedings?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18 supplemented by FPR 2010, PD 18A sets out the procedure to be adopted for other...
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13th Feb
Q&As

How can a sibling of a 16-year-old child, who is over the age of 21, acquire parental responsibility for that child in circumstances where the mother is terminally ill and the father has parental responsibility for the child but has no contact with the child? Is there any relevant case law in this regard?

Section 3 of the Children Act 1989 (ChA 1989) defines parental responsibility as being ‘all the rights, duties, powers, responsibilities and authority...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
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 documentation to be filed and served in relation to an application for a child arrangements order is strictly controlled to try and avoid matters...
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Produced in partnership with Maria Scotland of 5 St Andrews Hill 13th Feb
Q&As

Does the court consider any other factors in addition to the welfare checklist (per section 1(3) of the Children Act 1989) on an application to vary a child arrangements order?

An application to vary a child arrangements order is made pursuant to section 8 of the Children Act 1989 (ChA 1989). ChA 1989, s 1(1) will apply to...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As

In proceedings for a child arrangements order, is permission required from the court in order to lodge evidence or a bundle/position statement before the FHDRA if there are no directions to do so in the Notice of hearing?

Is permission required from the court in order to lodge evidence before the first hearing dispute resolution appointment (FHDRA) in the absence of...
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Produced in partnership with Adreeja Chatterjee of No5 13th Feb
Q&As

What is the procedure to vary a child arrangements order?

Under the Children Act 1989 (ChA 1989) a section 8 order means any of the orders mentioned in ChA 1989, s 8 and any order varying or discharging such...
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13th Feb

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