Evidence and procedure

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Evidence and procedure guidance:

Family proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The rules in respect of private law proceedings relating to children are...

Practice Note

This Practice Note explains the principles applied in relation to costs in children proceedings (private and public) and the limited circumstances in which an order for...

Practice Note

General principles The relevant costs provisions are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 28 and FPR 2010, PD 28A. Certain parts of the...

Practice Note

The overriding objective The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 1 sets out the overriding objective. The overriding objective is to enable the court...

Practice Note

Child arrangements orders Amendments made to section 8(1) of the Children Act 1989 (ChA 1989) removed the concepts of 'contact order' and 'residence order' and inserted...

Practice Note

Note that on 21 November 2017, the Ministry of Justice issued guidance on a police investigation into the potential manipulation of forensic toxicology test results at...

Practice Note

This Practice Note deals with adducing expert evidence in private law children proceedings including the statutory provisions (in particular Part 25 of the Family...

Practice Note

Fact-finding hearings or split trials are listed by the court within private law children proceedings in order for oral evidence to be heard on contested allegations that...

Practice Note

Introduction The overriding objective is set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 1.1, with the aim of enabling the court to deal with cases...

Practice Note

This Practice Note is impacted by the decision of the UK on 23 June 2016 to leave the EU. This has implications for practitioners, inter alia, when considering which...

Practice Note

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 have jurisdiction to...

Practice Note

Following the changes to the availability of legal aid in family proceedings made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA 2012) in 2013...

Practice Note

The primary guidance in relation to McKenzie friends is that issued on 12 July 2010 by the President of the Family Division (jointly with the Master of the Rolls). The...

Practice Note

The pre-application requirement for attendance at a mediation information and assessment meeting (MIAM) is set out in the Family Procedure Rules 2010 (FPR 2010), SI...

Practice Note

Permission to apply for a section 8 order Under the Children Act 1989 (ChA 1989) certain applicants are entitled to apply for an order under ChA 1989, s 8 (s 8 order) on...

Practice Note

The Family Procedure Rules 2010 (FPR 2010) set out the universal practice for hearings in the Family Court and the Family Division of the High Court in FPR 2010, PD 27A....

Practice Note

Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an investigation by a local authority into the welfare of a child if it appears...

Practice Note

Under section 7 of the Children Act 1989 (ChA 1989), a report (often referred to as a section 7 report) may be directed when a court is considering any question with...

Practice Note

Under Part III of the Family Law Reform Act 1969 (FLRA 1969), in civil proceedings in which the parentage of any person falls to be determined, the court may direct the...

Practice Note

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

Practice Note

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. For guidance, see Practice Note: Brexit—service of documents in family proceedings....

Practice Note

This Practice Note provides information about, and access to, private children standard orders issued by the President of the Family Division, Sir James Munby, on 6 June...

Practice Note

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. and sets out the current position on vulnerable persons in family proceedings. For...

Practice Note

Misconduct and wasted costs orders A wasted costs order is an order: • that a legal representative pay a sum (either specified or to be assessed) in respect of costs to a...

Practice Note