Fundamental principles

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What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
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...
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19th May
Practice notes
Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...
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19th May
Practice notes
Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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19th May
Practice notes
The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It looks at...
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Produced in partnership with David Gallagher of Fieldfisher 19th May
Practice notes
DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...
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19th May
Practice notes
Forced marriage protection ordersWhen sections 120–121 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) came into effect on 16...
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19th May
Q&As
Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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19th May
Practice notes
Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...
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19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes
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...
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19th May
Practice notes
Undefended divorce proceedingsOnline divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public...
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19th May
Practice notes
Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...
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19th May

Most recent Fundamental principles content

Practice notes
The avoidance of delay—private childrenThe principle of avoidance of delayIn any proceedings in which any question with respect to the upbringing of a...
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31st Jul
Q&As
Have there been any reported cases where the presumption of continued parental involvement (per section 1(2A) of the Children Act 1989) has been...
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31st Jul
Practice notes
Standard orders—parental ordersThis Practice Note provides information about, and access to, parental order standard orders issued by the President of...
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31st Jul
Practice notes
Welfare of the child—continued parental involvement scenariosPresumption of continued parental involvementWhen section 11 of the Children and Families...
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31st Jul
Practice notes
The statutory checklist—Children Act 1989Application of the checklistThe Children Act 1989 (ChA 1989) contains a checklist of factors (commonly...
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31st Jul
Practice notes
Declarations of parentage—general principlesIn Re G (children) (residence: same-sex partner) Baroness Hale summarised the three ways in which an...
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31st Jul
Q&As
Can a court in England rely on an order from a Family Court in Hawaii declaring who the natural father is following genetic testing by a company that...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul
Practice notes
Standard orders—medical treatmentThis Practice Note provides information about, and access to, medical treatment standard orders issued by the...
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31st Jul
Practice notes
Conflicting interests and human rightsThe welfare of more than one childIn situations where the welfare of two children who have conflicting interests...
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31st Jul
Practice notes
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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31st Jul
Practice notes
Welfare of the child—presumption of continued parental involvementPresumption of continued parental involvementPursuant to section 1(2A) of the...
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31st Jul
Practice notes
Private children—paramountcy of the child's welfareThe paramountcy principleWhen any court determines any question with respect to:•the upbringing of...
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31st Jul
Practice notes
The no order principleThis Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains...
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31st Jul
Precedents
Standard order 17.2—Final order for HFEA parental order applicationIn the Family Court sitting at [court name]No: [case number]Sitting at [insert...
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30th Jul
Precedents
Standard order 17.1—Directions order for HFEA parental order applicationIn the Family Court sitting at [court name]No: [case number]The Human...
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30th Jul
Q&As
Where DNA test results have concluded that the father of a child is not their biological father, what steps can the mother take to apply for the...
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Produced in partnership with Kyle Squire of 5 Pump Court 5th Jun

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