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Latest Family News

Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

The following Family news provides comprehensive and up to date legal information on Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

The following Family news provides comprehensive and up to date legal information on The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

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

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...

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

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....

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

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 Evidence and procedure content

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...

1st Apr

In-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...

1st Apr

COVID-19

In-house

Practice notes

Non-court dispute resolution—mediation information and assessment meetings (MIAMs)

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

1st Apr

Practice notes

Vulnerable persons—participation and evidence in family proceedings

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

26th Mar

Practice notes

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

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

24th Mar

Practice notes

Wasted costs

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

Produced in partnership with David Salter of Deputy High Court judge and Recorder 24th Mar

Practice notes

Costs in family proceedings

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

Produced in partnership with David Salter of Deputy High Court judge and Recorder 24th Mar

Practice notes

Evidence in private law children proceedings

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

22nd Mar

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....

9th Mar

Q&As

In circumstances where the Cafcass officer in private law children proceedings was unable to remain at the final hearing to give evidence due to personal circumstances, and Cafcass subsequently failed to send an officer to the adjourned hearing, can the parties make a claim for costs incurred against Cafcass and if so what is the procedure? Would this be a stand alone application, or made within the Children Act 1989 application, with Cafcass being joined as a party on the question of costs?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.1 provides that the court may make any order in respect of costs that it thinks just at any...

Produced in partnership with Christi Scarborough of 42 Bedford Row 13th Feb

Q&As

In relation to private law children proceedings where directions are due to be given for a fact-finding hearing, where a photograph has been filed as part of the respondent mother's statement to illustrate domestic abuse but without evidence as to how the picture was taken, no original copy of the photograph being provided and no time or date as to when the photograph was taken, to what extent can the father have this removed?

The court has a general power to control the evidence that it hears and reads (see Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 22.1). These...

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...

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...

Produced in partnership with Maria Scotland of 5 St Andrews Hill 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...

Produced in partnership with Adreeja Chatterjee of No5 13th Feb

Q&As

Where an application has been issued by one party to vary a child arrangements order, can the other party seek an order for a change of residence of the child in those proceedings or do they have to issue a separate application?

A child arrangements order (CAO) is one made within private proceedings under section 8 of the Children Act 1989, setting out, primarily, who the...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 12th Feb

Q&As

In proceedings under the Children Act 1989 (ChA 1989) can a Form C1A (Allegations of harm and domestic violence (supplemental information form)) be filed after an application in Form C100 for an order under ChA 1989, s 8 has been issued? If the Form C1A is filed late, and the respondent does not respond to it, can the court draw inferences from that lack of response?

Form C100 is the form on which a party can make an application to the court for a child arrangements order, prohibited steps order or specific issue...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 12th Feb

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?

If a hearing has been listed in family proceedings, it can be possible for the hearing to be adjourned in circumstances whereby one party is unable to...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 12th Feb

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...

12th Feb

Q&As