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Latest Family News

Family monthly highlights—July 2021

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

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Order authorising the sale of a minor’s property (Re Shanavazi)

The following Family news provides comprehensive and up to date legal information on Order authorising the sale of a minor’s property (Re Shanavazi)

Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

The following Family news provides comprehensive and up to date legal information on Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

Featured Family content

Property adjustment orders—procedural issues and drafting the order

Property adjustment orders—procedural issues and drafting the orderThis Practice Note provides practical guidance on procedural issues relating to an...

Reports under section 7 of the Children Act 1989

Reports under section 7 of the Children Act 1989Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

Interim orders in public children proceedings

Interim orders in public children proceedingsThis Practice Note sets out the requirements in relation to interim orders in public children proceedings...

Notice of acting

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

Practice notes

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfareThe paramountcy principleWhen any court determines any question with respect to:•the upbringing of...

19th May

Practice notes

The grounds on which a marriage is voidable

The grounds on which a marriage is voidableA decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the...

19th May

Practice notes

Statements of truth in family proceedings

Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...

19th May

Practice notes

Writ or warrant of possession of land

Writ or warrant of possession of landA writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that...

Produced in partnership with David Salter, deputy High Court judge and Recorder 19th May

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...

19th May

COVID-19

In-house

Q&As

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with each other which is or was of significant duration. How is ‘significant duration’ defined and how long is considered significant?

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with...

19th May

Practice notes

Desertion

DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...

19th May

Practice notes

Forced marriage protection orders

Forced marriage protection ordersWhen sections 120–121 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) came into effect on 16...

19th May

Practice notes

Sears Tooth agreements

Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...

19th May

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

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

Defended divorce proceedings

Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...

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

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...

19th May

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...

19th May

COVID-19

Most recent Evidence and procedure content

Q&As

In relation to section 97(2) of the Children Act 1989, is Clayton v Clayton [2006] still authority that a prohibition on publicity does not apply post-proceedings and that to prohibit publicity after the conclusion of the proceedings, the court must make either an injunction or prohibited steps order? Does more recent case law address this issue, in particular the use of social media following private children orders?

In relation to section 97(2) of the Children Act 1989, is Clayton v Clayton [2006] still authority that a prohibition on publicity does not apply...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul

Practice notes

Costs in children proceedings

Costs in children proceedingsThis Practice Note explains the principles applied in relation to costs in children proceedings (private and public) and...

31st Jul

Q&As

Can admissions contained in 'without prejudice' documentation in children matters be admissible ie where correspondence is marked 'without prejudice' will that have an absolute effect in children cases?

Can admissions contained in 'without prejudice' documentation in children matters be admissible ie where correspondence is marked 'without prejudice'...

Produced in partnership with Kirstie Danton of St Ives Chambers 31st Jul

Q&As

Family Procedure Rules 2010, PD 27A, para 5.2 specifies that all documents in the court bundle shall be typed or printed in a font no smaller than 12 point and with a 1.5 or double spacing. Is there also a requirement for a particular font to be used for the documents in a bundle?

Family Procedure Rules 2010, PD 27A, para 5.2 specifies that all documents in the court bundle shall be typed or printed in a font no smaller than 12...

31st Jul

Practice notes

Evidence in private law children proceedings

Evidence in private law children proceedingsNote that on 21 November 2017, the Ministry of Justice issued guidance on a police investigation into the...

31st Jul

Practice notes

Emergency prohibited steps and child arrangements orders

Emergency prohibited steps and child arrangements ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family...

31st Jul

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?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Practice notes

Standard orders—private children

Standard orders—private childrenThis Practice Note provides information about, and access to, private children standard orders issued by the President...

31st Jul

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 31st Jul

Practice notes

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

Non-court dispute resolution—mediation information and assessment meetings (MIAMs)Coronavirus (COVID-19): Guidance has been issued, including by the...

31st Jul

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 31st Jul

Q&As

On the first day of a finding of fact hearing in family proceedings, the judge was ill and the hearing could not proceed. Can a claim be made for compensation for the losses incurred, ie counsel’s deemed brief fee and the legal costs already incurred in preparation for that hearing?

On the first day of a finding of fact hearing in family proceedings, the judge was ill and the hearing could not proceed. Can a claim be made for...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

An application to enforce an order made under the Children Act 1989 was heard in the absence of the respondent. The respondent has requested a copy of the applicant’s solicitor’s attendance note of the hearing. Is there an obligation on the applicant’s solicitor to provide a copy of the note?

An application to enforce an order made under the Children Act 1989 was heard in the absence of the respondent. The respondent has requested a copy of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

With reference to the 2013 Protocol and Good Practice Model: Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings, what case law deals with similar linking, but in relation to all children proceedings, not just care proceedings? What case law deals with concurrent criminal and private law proceedings?

With reference to the 2013 Protocol and Good Practice Model: Disclosure of information in cases of alleged child abuse and linked criminal and care...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Practice notes

Permission to apply for a section 8 order

Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

31st Jul

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?

In proceedings for a child arrangements order, is permission required from the court in order to lodge evidence or a bundle/position statement before...

Produced in partnership with Adreeja Chatterjee of No5 31st Jul

Q&As