Adoption

Practice notes

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...

Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan

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

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...

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...

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

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 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...

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

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

Practice notes

Adoption orders

This Practice Note details who can be adopted and who can adopt, together with the conditions to be satisfied, adoption reports and procedural issues....

17th Jan

Practice notes

General principles—adoption

The general principles about adoption are contained in section 1 of the Adoption and Children Act 2002 (ACA 2002). They variously apply to a court, an...

17th Jan

Practice notes

Adoption—placement orders

PrinciplesWith the abolition of the power to apply for freeing orders, the Adoption and Children Act 2002 (ACA 2002) introduced a framework for...

17th Jan

Q&As

In relation to adoption, an agency decision maker decided in principle that a placement order should be made, but subject to an adoption medical report. The court then made a placement order, prior to the adoption medical report being received. The report has now been received. Was the placement order validly made in the absence of the medical report?

It may be arguable that the placement order was not validly made in the absence of the medical report as the court may not have known without the...

Produced in partnership with Naomi de Silva of Browne Jacobson 8th Jan

Q&As

Can an adoption order made in favour of a married couple be revoked regarding one adoptive parent only?

An adoption order is an order which has the effect of severing all legal ties with the child’s biological family and creates a new legal relationship...

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

Q&As

If a jurisdiction outside the UK allows for the formal adoption of an adult and the legal formalities for adoption in that jurisdiction have been followed to adopt that adult, would that adopted individual be considered a child when drafting a Will or would the beneficiaries need to be specifically named?

Various jurisdictions outside of the UK recognise the concept of adult adoption. There are a number of reasons why adult adoption might be thought to...

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

Q&As

Can an adult apply to revoke an adoption order that was made during their minority?

The adoption of a child severs all the child’s legal ties with their birth family and establishes a new legal relationship with the child’s adoptive...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Practice notes

Contact orders in adoption

This Practice Note sets out the general principles to be applied in relation to contact orders, both pre- and post-adoption. It also details who may...

28th Nov

Q&As

A 17-year-old child was joined to adoption proceedings, and a guardian appointed in accordance with Family Procedure Rules 2010, SI 2010/2955, 16.3. The child has since turned 18 but has health and learning difficulties and would be unable to provide instructions to a solicitor themselves. Does the guardian's appointment remain valid post 18, or does the Official Solicitor need to be contacted?

For an adoption order to be made, the person must be a child at the date of the application. The child must not have been married or in a civil...

28th Nov

Precedents

Public children—client guide

This document provides general guidance regarding public law applications relating to children. Your family lawyer will be able to provide specific...

28th Nov

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