Care and supervision orders

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Latest Family News

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

The following Family news provides comprehensive and up to date legal information on Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

The following Family news provides comprehensive and up to date legal information on Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

What do English local authorities need to know when placing a child in Scotland?

The following Family news provides comprehensive and up to date legal information on What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

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

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?As a result of the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution...

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...

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...

The ground for divorce

The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...

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

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...

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

Pensions and judicial separation

Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May

Practice notes

Mesher and Martin orders

Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...

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

Precedents

Letter to court applying for decree absolute more than 12 months after decree nisi

Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...

19th May

Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Practice notes

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyers

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...

19th May

Practice notes

Void and voidable marriages

Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...

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

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...

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

Standard orders—general principles

Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...

19th May

Most recent Care and supervision orders content

Practice notes

Public children—emergency protection orders

Public children—emergency protection ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

17th Sep

Practice notes

Public children—Public Law Outline 2014

Public children—Public Law Outline 2014Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding...

17th Sep

COVID-19

Practice notes

Termination, discharge and variation of care and supervision orders

Termination, discharge and variation of care and supervision ordersCare orders—generalA care order ends when the child reaches 18 or if brought to an...

17th Sep

Practice notes

Public children—contact with looked after children

Public children—contact with looked after childrenCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

17th Sep

Practice notes

Human rights in public children proceedings

Human rights in public children proceedingsAll family lawyers should be knowledgeable about the Human Rights Act 1998 (HRA 1998) and the European...

9th Sep

Practice notes

Expert evidence in public children proceedings

Expert evidence in public children proceedingsThis Practice Note deals with expert evidence in public law children proceedings, including in care and...

23rd Aug

Q&As

In ongoing care proceedings, the local authority has indicated that it now considers that the threshold criteria isn't met, but the children's guardian considers that a supervision order is necessary. Can the court be satisfied that the threshold is met where the local authority does not wish to proceed with its application?

In ongoing care proceedings, the local authority has indicated that it now considers that the threshold criteria isn't met, but the children's...

20th Aug

Practice notes

Care plans and looked after child reviews

Care plans and looked after child reviewsChapter 1 of the Children and Social Work Act 2017 (CASWA 2017) introduces an obligation on local authorities...

Produced in partnership with Tom Higgin of Suffolk County Council 19th Aug

Q&As

Where a local authority proposes indirect contact only in relation to a looked after child, is an order required under section 34(4) of the Children Act 1989 authorising the local authority to do so?

Where a local authority proposes indirect contact only in relation to a looked after child, is an order required under section 34(4) of the Children...

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

Q&As

Under what provisions in the Family Procedure Rules 2010 may a father with parental responsibility be removed as a party to care proceedings? What case law is there in relation to such a removal?

Under what provisions in the Family Procedure Rules 2010 may a father with parental responsibility be removed as a party to care proceedings? What...

19th Aug

Q&As

A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be made instead. In addition, the local authority says it will support the child’s grandmother as to an application for a special guardianship order in a few months’ time. What are the factors that should be considered as to the appropriate course of action, in particular as to support for the grandmother including financial support?

A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

A local authority report has been prepared in relation to a special guardianship application but the application for a special guardianship order has not yet been issued by the court, nor have directions for filing the report been given. Can the report be filed as soon as it is completed, or only when the court has directed that it be filed? If it can be filed as soon as it is completed, who is responsible for filing the report?

A local authority report has been prepared in relation to a special guardianship application but the application for a special guardianship order has...

18th Aug

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?

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...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Where care proceedings have been consolidated following the birth of another baby during the original proceedings, in what circumstances would the court be likely to subsequently split the two sets of proceedings? Is there case law on this issue?

Where care proceedings have been consolidated following the birth of another baby during the original proceedings, in what circumstances would the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Can the court make an exclusion order (currently an exclusion requirement under Children Act 1989, s 38A) when a final care order is made?

Can the court make an exclusion order (currently an exclusion requirement under Children Act 1989, s 38A) when a final care order is made?In care...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug

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 18th Aug

Q&As

Can a party in care proceedings make an application to instruct an expert where an application has already been refused?

Can a party in care proceedings make an application to instruct an expert where an application has already been refused?In accordance with the Family...

18th Aug

Practice notes

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Practice notes

Welfare principle in public law proceedings

Welfare principle in public law proceedingsThe Children Act 1989 (ChA 1989) creates a two-stage process, which can be carried out in the same or in...

18th Aug

Practice notes

Evidence in public children proceedings

Evidence in public children proceedingsThis Practice Note deals with evidence in public children proceedings including admissibility, credibility,...

18th Aug

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Care and supervision orders

View Family by content type:

Latest Family News

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Working with counsel

Procedure for an application for an occupation order

The ground for divorce

Most recent Care and supervision orders content

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