Specific issue orders

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Latest Family News

Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

The following Family news provides comprehensive and up to date legal information on Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

Family monthly highlights—July 2021

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

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

The following Family news provides comprehensive and up to date legal information on Consultation response on increasing the NMPA—key aspects and implications for pension schemes

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)

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...

Restrictions on decree being made absolute—divorce

Restrictions on decree being made absolute—divorceWhen considering an application for decree nisi to be made absolute the district judge must have...

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...

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

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...

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...

19th May

Practice notes

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...

19th May

Practice notes

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]

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...

Produced in partnership with David Gallagher of Fieldfisher 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

Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)?

Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May

Practice notes

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...

19th May

COVID-19

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...

19th May

COVID-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...

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

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,...

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...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 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...

19th May

Practice notes

Undefended divorce proceedings

Undefended divorce proceedingsOnline divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public...

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

Precedents

Letter to the Pension Service enclosing either or both Form BR19 and Form BR20 requesting a state pension statement or valuation

To: Newcastle Pension Centre, Futures GroupThe Pension Service 9Mail Handling Site AWolverhamptonWV98 1LUUKDate: [insert date]Dear Pension ServiceOur...

19th May

Most recent Specific issue orders content

Q&As

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

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

1st Aug

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?

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...

1st Aug

Q&As

An application has been made on Form C100 for a specific issue order. Within those proceedings one party wishes to apply for a child arrangements order. Can that application be made on Form C2 and if not, what is the correct form?

An application has been made on Form C100 for a specific issue order. Within those proceedings one party wishes to apply for a child arrangements...

Produced in partnership with Melissa Harrison of Coram Chambers 1st Aug

Q&As

Where a parent wants to take their child out of the country for three weeks, but is unable to contact the other parent who has parental responsibility and obtain their consent, is the next step to apply to the court for a specific issue order?

Where a parent wants to take their child out of the country for three weeks, but is unable to contact the other parent who has parental responsibility...

1st Aug

Q&As

Where a child has been removed by one parent from one part of England and Wales to another part and the other parent objects what type of application should be made for the return of the child?

Where a child has been removed by one parent from one part of England and Wales to another part and the other parent objects what type of application...

Produced in partnership with Kirstie Danton of St Ives Chambers 1st Aug

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?

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...

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

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?

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...

Produced in partnership with Kyle Squire of 5 Pump Court 31st Jul

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?

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...

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

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?

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...

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

Practice notes

Leave to remove—external relocation

Leave to remove—external relocationCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...

31st Jul

Q&As

Where the parent of a 16-year-old child wishes to take the child out of the jurisdiction for a holiday in France and the other parent refuses to give their consent, can the child be taken on holiday without the other parent’s consent or is leave of the court required? How would the court approach an application for a specific issue order in relation to a 16-year-old child?

Where the parent of a 16-year-old child wishes to take the child out of the jurisdiction for a holiday in France and the other parent refuses to give...

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

Q&As

Where a ten-year-old wishes to change their male name to a female name and both parents consent to the change, can this be done through a change of name deed?

Where a ten-year-old wishes to change their male name to a female name and both parents consent to the change, can this be done through a change of...

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

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

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...

31st Jul

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?

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...

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

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?

Where a father with parental responsibility (but who is not the biological father) has issued an application under the Children Act 1989, is he...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 31st Jul

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?

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...

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

Q&As

What steps can be taken to enforce a specific issue order?

What steps can be taken to enforce a specific issue order?The method of enforcement to be employed in relation to a specific issue order is very much...

31st Jul

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?

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...

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

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...

31st Jul

In-house

Specific issue orders

View Family by content type:

Latest Family News

Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

Family monthly highlights—July 2021

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

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)

Featured Family content

Property adjustment orders—procedural issues and drafting the order

Restrictions on decree being made absolute—divorce

Private children—paramountcy of the child's welfare

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

Most recent Specific issue orders content

Popular documents

Report on title—long form

Common financial covenants

Stay of proceedings—when can you apply to stay a claim?

Deed of surrender

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