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Parental responsibility

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Guidance from Court of Appeal on domestic abuse hearings and fact-finding hearings (Re H-N and others (children) (domestic abuse:finding of fact hearings))

Guidance from Court of Appeal on domestic abuse hearings and fact-finding hearings (Re H-N and others (children) (domestic abuse:finding of fact hearings))

The following Family news provides comprehensive and up to date legal information on Guidance from Court of Appeal on domestic abuse hearings and fact-finding hearings (Re H-N and others (children) (domestic abuse:finding of fact hearings))

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

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))

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)

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)

Featured Family content

Notice of acting

Notice of acting

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

Pension attachment orders

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

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...

Sequestration (confiscation of assets) within contempt proceedings

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...

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...
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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...
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9th Nov
tag iconCOVID-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...
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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...
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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...
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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...
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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...
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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....
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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...
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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...
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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...
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9th Nov
tag iconCOVID-19 tag iconIn-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...
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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...
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9th Nov
Practice notes

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...
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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...
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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...
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9th Nov

Most recent Parental responsibility content

Q&As

Where a husband and wife were married before the conception of a child (who is now aged ten), and the husband has only just discovered that he is not the biological father of the child, does he have parental responsibility for that child?

The short answer to this question is no. Unless a child is born as a result of assisted reproduction techniques to which he consented, a husband does...
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Produced in partnership with Ruth Cabeza of Harcourt Chambers 14th Apr
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...
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1st Apr
tag iconIn-house
Practice notes

Private children proceedings in Scotland

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Karen Gibbons of Harper Macleod LLP 17th Mar
tag iconScottish Law
Precedents

Parental responsibility—client guide

This document provides general guidance regarding parental responsibility for a child. Your family lawyer will be able to provide specific advice...
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14th Feb
Q&As

A child’s mother has died and their adult sister is caring for them. The child's father is not named on the birth certificate and does not have parental responsibility. Would it be more appropriate to apply for guardianship or special guardianship, so that the sister may obtain parental responsibility? What are the advantages and disadvantages of each, and is there any real difference?

The court may appoint an individual to become a child’s guardian in one of three circumstances including if the child has no parent with parental...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As

Where a same-sex male couple are married/civil partners, and one of that couple will be a sperm donor for a woman who is married/a civil partner to another woman, who would have parental responsibility for the child, be the child’s legal parents and be registered on the birth certificate?

We have assumed that you are referring to a non-surrogacy arrangement, ie that the woman who is to carry the child is not doing so under a surrogacy...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
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?

The provision in the Children Act 1989 defining parental responsibility does not give a precise list of what those rights, powers, duties and...
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13th Feb
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?

‘Parental responsibility’ is defined by section 3(1) of the Children Act 1989 (ChA 1989) as being ‘all the rights, duties, powers, responsibilities...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As

How will the court approach a situation in relation to a 17-year-old child who wants to make a decision in relation to education which clashes with a person who has parental responsibility for them? How will the court approach the question of Gillick competency?

Under section 8(1) of the Children Act 1989 (ChA 1989), a specific issue order means an order giving directions for the purpose of determining a...
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13th Feb
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?

Case studyThe parents of a child married and divorced in Turkey. The mother remarried and returned to the UK with the stepfather and the child. The...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As

How may a father’s details be added to a birth certificate, after the initial registration of the child’s birth, by agreement?

The law relating to the registration or re-registration of a birth is outside the scope of Lexis®PSL Family, but the following information may be of...
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13th Feb
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?

Where a court makes a child arrangements order, pursuant to section 8 of the Children Act 1989 (ChA 1989), for a child to live with a person who is...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As

Does a father who was named on a child’s birth certificate in relation to a child born in 2002, acquire parental responsibility for the child as a result of that registration?

Parental responsibility is defined in section 3(1) of the Children Act 1989 (ChA 1989) as ‘all the rights, duties, powers, responsibilities and...
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13th Feb
Q&As

How can a sibling of a 16-year-old child, who is over the age of 21, acquire parental responsibility for that child in circumstances where the mother is terminally ill and the father has parental responsibility for the child but has no contact with the child? Is there any relevant case law in this regard?

Section 3 of the Children Act 1989 (ChA 1989) defines parental responsibility as being ‘all the rights, duties, powers, responsibilities and authority...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As

Can a stepfather (who was married to the mother) enter into a parental responsibility agreement with biological father after the death of mother?

Parental responsibility (PR) is defined in section 3(1) of the Children Act 1989 (ChA 1989) as ‘all the rights, duties, powers, responsibilities and...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As

Is permission of both parents with parental responsibility required in order for a school to take a child abroad on a ski trip?

This response considers whether the permission of both parents is necessary in order for a child under the age of 16 to go on a school trip outside...
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13th Feb
Practice notes

The effect of an unmarried father acquiring parental responsibility

Upon being granted parental responsibility for his child the legal position of an unmarried father changes and the main effects are as set out...
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1st Feb
Practice notes

Change of name of a child

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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17th Jan
Practice notes

Procedure—parental responsibility applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
17th Jan
Practice notes

Exercise of parental responsibility

Sharing parental responsibilityMore than one person may have parental responsibility for the same child at the same time.A parent does not cease to...
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17th Jan

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