Care and supervision orders

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Latest Family News

Can COVID-19 be a Barder event? (HW v WW)

The following Family news provides comprehensive and up to date legal information on Can COVID-19 be a Barder event? (HW v WW)

Can care orders and special guardianship orders coexist? (Re F and another)

The following Family news provides comprehensive and up to date legal information on Can care orders and special guardianship orders coexist? (Re F and another)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

The following Family news provides comprehensive and up to date legal information on Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Family monthly highlights—April 2021

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

Featured Family content

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...

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...

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...

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...

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

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

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

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

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

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

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

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

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

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

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

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

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...

9th Nov

Practice notes

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...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan

Practice notes

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...

9th Nov

Precedents

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

9th Nov

Most recent Care and supervision orders content

Practice notes

Public children—Public Law Outline 2014

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

10th May

COVID-19

Practice notes

Interim orders in public children proceedings

This Practice Note sets out the requirements in relation to interim orders in public children proceedings including the criteria and nature of interim...

26th Apr

Q&As

Where a child is represented separately within care proceedings and the child is competent to give instructions and wishes to move to live with her paternal grandmother in Israel, what application can be made on behalf of the child and what form should be used?

Pursuant to section 22C of the Children Act 1989 a local authority, where a looked after child cannot be cared for by their parents, must consider...

Produced in partnership with Ruth Cabeza of Harcourt Chambers 14th Apr

Q&As

Where an interim care order has been made, can a local authority be ordered to pay a lump sum to proposed special guardians in order that they can extend a property to accommodate the children?

Under the Children Act 1989 (ChA 1989), local authorities have an obligation to make arrangements for the provision of support for special guardians....

9th Apr

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?

Section 14A of the Children Act 1989 (ChA 1989) provides that the court may make a special guardianship order (SGO):•as a result of a free-standing...

9th Apr

Practice notes

Care plans and looked after child reviews

Chapter 1 of the Children and Social Work Act 2017 (CASWA 2017) introduces an obligation on local authorities to consider additional general needs,...

Produced in partnership with Tom Higgin of Suffolk County Council 9th Apr

Practice notes

Children as parties to public law proceedings

This Practice Note provides guidance on the circumstances in which children may be made parties to public law proceedings and deals with the procedure...

3rd Mar

Q&As

In public children proceedings, can either the court or the children's guardian dictate the local authority's care plan?

The court can only accept or reject the local authority’s care plan and make a suitable order, or none, although before reaching that point it can...

13th Feb

Q&As

Can the court make findings against parents within care proceedings if the local authority are not seeking any? Can the court direct that there be a fact-finding hearing if no other party deems it necessary or appropriate?

The philosophical underpinning of the Children Act 1989 (ChA 1989) is that the child’s welfare is the paramount consideration. The ultimate arbiter of...

Produced in partnership with Matthew Fletcher of 1 Garden Court Chambers 13th Feb

Q&As

If care proceedings are to be commenced in relation to a number of children of the family, including siblings; half siblings and step-siblings who are living under the same roof, do you issue one C110A application in respect of all of the children or are separate proceedings required and if so how would the proceedings be separated?

Issuing an application under section 31 of the Children Act 1989 (ChA 1989) is the step taken to initiate public law proceedings in respect of...

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

Q&As

A teenage child has been placed with another family member under an interim care order and attends a fee-paying school funded by the maternal grandparents. Can the local authority (LA) seek an order to change the schooling arrangements under the interim care order where one of the parents objects, or does the LAs parental responsibility pursuant to the interim order override the natural parent’s parental responsibility?

Parental responsibility is defined as all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

Can a parent with parental responsibility object to their child, who is subject to an interim care order, being taken on holiday by their foster parents? Would the issue be dealt with by the local authority making an application to the court, or by the parent making an application for a prohibited steps order?

Where the court makes an interim care order, the local authority (LA) gains parental responsibility as it would under a full care order, but within...

13th Feb

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?

Where a court makes a child arrangements order, pursuant to section 8 of the Children Act 1989 (ChA 1989), for a child to live with a person who is...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

Can a referral to local authority child protection services be challenged? Can an injunction be obtained to stop the initial child protection conference and/or is there an appeal process for a child protection conference?

A child protection conference is a meeting convened by the local authority to make decisions about a child’s safety, health and development. Attendees...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

Within care proceedings both a birth parent (who has previously not cared for the child who is the subject of the proceedings) and a family member have been positively assessed by the local authority to care for the child. Is there a presumption in favour of a birth parent instead of a wider family member when the court is considering with whom the a child should be placed?

Whether there is a presumption in favour of a birth parent was considered within the context of private law proceedings by the Court of Appeal in Re...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

Where a court in England and Wales makes an interim care order, can the child be placed in Scotland by the local authority?

Care proceedings are governed by different statutes in England and Wales, Scotland, and Northern Ireland respectively. Care orders in England and...

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

Scottish Law

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?

The court has the power to consolidate proceedings pursuant to its general case management powers, as well as to separate proceedings (Family...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

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?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 12.3 sets out who will be an automatic respondent to an application for a care order. A person...

13th Feb

Q&As

What powers, duties and options do a local authority have to protect a child they suspect is vulnerable to child sexual exploitation?

A helpful definition of child exploitation was set out by Cobb J in Rotherham MBC v M (at para [9]): '...when a young person (or a third person or...

Produced in partnership with Matthew Haynes of St Ives Chambers 12th Feb

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 special guardianship order is an order appointing one or more individuals to be a child’s ‘special guardian’ pursuant to section 14A of the Children...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 9th Feb

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Care and supervision orders

View Family by content type:

Latest Family News

Can COVID-19 be a Barder event? (HW v WW)

Can care orders and special guardianship orders coexist? (Re F and another)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Family monthly highlights—April 2021

Featured Family content

Declarations of parentage—procedure

General principles—lump sum orders

The grounds on which a marriage is voidable

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

Most recent Care and supervision orders content

Popular documents

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

Arbitration agreements—definition, purpose and interpretation

Notaries and notarisation—notarisation

Qualified one-way costs shifting (QOCS)

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