Specific issue orders

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...

1st Apr

In-house

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 Apr

COVID-19

In-house

Practice notes

Leave to remove—internal relocation

Internal relocationInternal relocation cases are cases in which one parent seeks to move with their child to another part of the UK, and the other...

31st Mar

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...

25th Feb

Precedents

Leave to remove—client guide

This document provides general guidance regarding an application for leave to remove children permanently from the jurisdiction. Your family lawyer...

25th 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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb

Q&As

If the whereabouts of the respondent to an application under section 8 of the Children Act 1989 are unknown what steps should the applicant take regarding service?

The rules in respect of private law proceedings relating to children are largely contained in Part 12 of the Family Procedure Rules 2010 (FPR 2010),...

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...

13th Feb

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 Tori Adams of 4 King’s Bench Walk 12th Feb

Practice notes

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

12th 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...

17th Jan

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...

17th Jan

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...

17th Jan

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?

Form C100 is the form to be used when a party seeks to commence proceedings for an order under section 8 of the Children Act 1989 (ChA 1989), a...

Produced in partnership with Melissa Harrison of Coram Chambers 8th Jan

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?

There are three orders which potentially may be used to regulate internal relocation:•a condition imposed on a child arrangements order (CAO) pursuant...

Produced in partnership with Kirstie Danton of St Ives Chambers 8th Jan

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 8th Jan

Q&As

In private law children proceedings what application should be made by a guardian where a mother is refusing to allow the guardian and her solicitor permission to see the children?

This Q&A considers a situation where the guardian has been appointed within the private law children proceedings, rather than a guardian appointed...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

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 8th Jan

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 8th Jan

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 8th Jan

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