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Parental responsibility

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Latest Family News

Q&A—HMCTS family public law and adoption online portal

Q&A—HMCTS family public law and adoption online portal

The following Family news provides comprehensive and up to date legal information on Q&A—HMCTS family public law and adoption online portal

Family proceedings court fee increases from 30 September 2021

Family proceedings court fee increases from 30 September 2021

The following Family news provides comprehensive and up to date legal information on Family proceedings court fee increases from 30 September 2021

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

The following Family news provides comprehensive and up to date legal information on Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

The following Family news provides comprehensive and up to date legal information on Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?As a result of the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution...

Working with counsel

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...

Procedure for an application for an occupation order

Procedure for an application for an occupation order

Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...

The ground for divorce

The ground for divorce

The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...

Practice notes

Occupation orders

Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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19th May
tag iconCOVID-19
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...
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19th May
Practice notes

Declarations of parentage—procedure

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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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...
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19th May
Practice notes

Pensions and judicial separation

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 orders

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

Defended divorce proceedings

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

Letter to court applying for decree absolute more than 12 months after decree nisi

Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
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19th May
Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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...
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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...
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19th May
Q&As

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes

Freezing orders (Mareva)—family proceedings

Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes

General principles—lump sum orders

General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes

Standard orders—general principles

Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May

Most recent Parental responsibility content

Practice notes

Change of name of a child

Change of name of a childCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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21st Sep
Q&As

Where a child is born to one female parent, who conceived other than through licensed assisted reproduction treatment, and that parent marries or forms a civil partnership with the second female parent a few days before the child is born, does the second female parent automatically have parental responsibility for the child?

Where a child is born to one female parent, who conceived other than through licensed assisted reproduction treatment, and that parent marries or...
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Produced in partnership with Marisa Allman of The 36 Group 9th Sep
Q&As

DNA evidence has confirmed the paternity of the biological father, but the mother does not wish the father’s details to be included on the child’s birth certificate. The 42-day registration period under section 2 of the Birth and Deaths Registration Act 1953 (BDRA 1953) has not yet elapsed. If the father completes a statutory declaration of acknowledgement of parentage in Form 16 (for the purposes of BDRA 1953, ss 10, 10A) and attends before the registrar, will his details then be included on the birth certificate?

DNA evidence has confirmed the paternity of the biological father, but the mother does not wish the father’s details to be included on the child’s...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Q&As

A residence order was made in relation to a step-parent for their step-child to live with them. The step-parent and the child’s mother lived together with the child, but they later separated and the child remained with the mother with the step-parent having contact. Does the step-parent still have parental responsibility for the child and what would be their status in any local authority care proceedings? Would section 11(5) of the Children Act 1989 have any impact on the residence order?

A residence order was made in relation to a step-parent for their step-child to live with them. The step-parent and the child’s mother lived together...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Q&As

Does a father have parental responsibility where the mother and father married and divorced outside the jurisdiction, the mother has remarried and returned to the UK, and the father has not been involved in the child's life since?

Does a father have parental responsibility where the mother and father married and divorced outside the jurisdiction, the mother has remarried and...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Practice notes

The effect of an unmarried father acquiring parental responsibility

The effect of an unmarried father acquiring parental responsibilityWhen an unmarried father is granted parental responsibility for his child the main...
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18th Aug
Practice notes

Issuing private children proceedings in the Family Court

Issuing private children proceedings in the Family CourtCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family...
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18th Aug
tag iconIn-house
Practice notes

Procedure—parental responsibility applications

Procedure—parental responsibility applicationsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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18th Aug
Q&As

Following a divorce, do both parents (both holding parental responsibility) have a right to information regarding a trust of which their child is a minor beneficiary?

Following a divorce, do both parents (both holding parental responsibility) have a right to information regarding a trust of which their child is a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug
Practice notes

Acquisition of parental responsibility by unmarried fathers

Acquisition of parental responsibility by unmarried fathersWho has parental responsibility?At birth•where the parents were married to each other, or...
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15th Aug
Q&As

Do both parties with parental responsibility for a child need to complete, sign and consent to an application for a passport for their child?

Do both parties with parental responsibility for a child need to complete, sign and consent to an application for a passport for their child?The...
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15th Aug
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?

A father has parental responsibility and is currently involved in proceedings under the Children Act 1989. He cannot obtain copies of his child's...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug
Practice notes

Exercise of parental responsibility

Exercise of parental responsibilitySharing parental responsibilityMore than one person may have parental responsibility for the same child at the same...
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15th Aug
Q&As

Where a father has been registered as the father of a child in a foreign jurisdiction, will he acquire parental responsibility in England and Wales under section 4(1)(a) of the Children Act 1989?

Where a father has been registered as the father of a child in a foreign jurisdiction, will he acquire parental responsibility in England and Wales...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 15th Aug
Practice notes

Acquisition of parental responsibility by step-parents and others

Acquisition of parental responsibility by step-parents and othersStep-parentsSince 30 December 2005 a step-parent who is married to or the civil...
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15th Aug
Practice notes

Private children proceedings in Scotland

Private children proceedings in ScotlandCoronavirus (COVID-19): Guidance has been issued regarding all proceedings in Scotland during the coronavirus...
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Produced in partnership with Karen Gibbons of Harper Macleod LLP 15th Aug
tag iconScottish Law
Practice notes

The meaning and scope of parental responsibility

The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
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15th Aug
Practice notes

Acquisition of parental responsibility by female parents

Acquisition of parental responsibility by female parentsWho has parental responsibility?At birth•where the parents were married to each other at the...
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15th Aug
Q&As

Where a non-biological father is registered on a child’s birth certificate as the father, if the mother applies for a declaration of parentage to prove the biological father is the biological father, will the non-biological father, who was originally registered as the father on the child’s birth certificate, lose their parental responsibility? What is the effect of a declaration of parentage and re-registration of the birth?

Where a non-biological father is registered on a child’s birth certificate as the father, if the mother applies for a declaration of parentage to...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 15th Aug
Q&As

A child is born to unmarried parents outside the UK. The mother and child then move to England. The mother seeks sole parental responsibility for the child. Will the father’s parental responsibility be determined in accordance with the law in the child’s place of birth or in accordance with law in England and Wales?

A child is born to unmarried parents outside the UK. The mother and child then move to England. The mother seeks sole parental responsibility for the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

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