Specific issue orders

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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

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

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 9th Nov

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

Precedents

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

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...

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 Specific issue orders content

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 Dec

COVID-19

In-house

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...

29th Nov

Practice notes

Leave to remove—external relocation

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

29th Nov

Practice notes

Enforcing children orders (private law)

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

28th Nov

Practice notes

Specific issue orders

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

28th Nov

Practice notes

Permission to apply for a section 8 order

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

28th Nov

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...

28th Nov

In-house

Q&As

Can the Family Court in the course of family proceedings order someone to remove photographs that have been posted online if they relate to either the children of the family or one of the parties?

A court may, of its own motion or on an application from a party within family proceedings, make a non-molestation order under section 42(2) of the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As

A local authority wishes to apply to change the surname of a child who is subject to a care order made under Part IV of the Children Act 1989 (ChA 1989). The child’s parents cannot be located and therefore, cannot be asked for their consent. Would the application to change the child’s surname be made within ChA 1989, Pt IV proceedings, or as a separate application and in what form?

When a parent is considering changing a child’s surname, they should consult with any other person who holds parental responsibility, regardless of...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As

A final order has been made by lay justices under section 13 of the Children Act 1989. That order was appealed and the appeal was dismissed by a circuit judge. Is permission required for a second appeal and would that appeal be heard by the Court of Appeal as opposed to the High Court? If not what is the correct procedure?

Second appealsWhere an appeal from a first instance decision in a private children case has been determined, a party would require permission to bring...

Produced in partnership with Kyle Squire of 5 Pump Court 28th Nov

Q&As

Would an application for leave to remove a child from England to the Isle of Man be classed as an application for internal relocation or external relocation?

Where a parent wishes to move to another country with a child it may be necessary to obtain permission from the court to do so if the other parent...

28th Nov

Q&As

Within proceedings under section 8 of the Children Act 1989, an order was made to change a child’s name. As the child is now aged 16, will the order made by the court continue to have effect? If not, can a child over the age of 16 determine their own name contrary to the wishes of either parent and if so by what mechanism?

A child must be registered at birth in accordance with the Births and Deaths Registration Act 1953, and the first name and surname registered at that...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As

Where it is proposed to relocate a child to Northern Ireland, is this considered an internal relocation or an external relocation?

Where one parent wishes to move and to take a child with them, absent the agreement of the other parent, it is necessary to seek the permission of the...

28th Nov

Q&As

In private law children proceedings under section 8 of the Children Act 1989, if a party is thought to lack capacity to litigate, is there guidance as to how the court would determine the issue of whether to appoint a litigation friend if that party refuses to comply with expert assessment?

A person must be assumed to have capacity unless it is established that they lack capacity (section 1 of the Mental Capacity Act 2005 (MCA 2005)). A...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As

Where a married couple have separated, and the mother wishes to take the child of the family to India for a period of up to 28 days, what steps must she take if the husband does not respond to her written request for his consent to the trip?

Trips abroad where the parents have separated can be significant flashpoints, particularly where there is a concern that the party may not return the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov

Q&As

Where a father with parental responsibility (but who is not the biological father) has issued an application under the Children Act 1989, is he required to serve or give notice of the proceedings to the biological father?

A non-biological father may have parental responsibility by virtue of an adoption order or having acquired parental responsibility as a step-parent...

Produced in partnership with 28th Nov

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...

28th Nov

Q&As

What is the procedure to withdraw an application made on Form C100?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.4 provides that any application that relates to the welfare or upbringing of a child or where...

28th Nov

Q&As

A father has parental responsibility for a child who is age 16 (nearly 17), as he is named on the birth certificate. The father has no involvement with the child. The child wishes to change their surname, but the father will not consent. Can the change of name deed be executed by the mother alone, with the child's consent endorsed on the deed?

At birth, a child must be registered, and the surname that is registered at that time is to be the one which it is intended the child should be known...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As