Procedure and case management

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Practice notes
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...
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9th Nov
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
Practice notes
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...
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9th Nov
Practice notes
Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
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9th Nov
Practice notes
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...
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9th Nov
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...
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9th Nov
Practice notes
The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
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9th Nov
Practice notes
This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
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9th Nov
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...
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9th Nov
Practice notes
Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
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9th Nov
Practice notes
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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
Practice notes
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...
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9th Nov
Practice notes
The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Practice notes
The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...
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9th Nov
Precedents
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Procedure and case management content

Practice notes
Child protection conferencesPlease note the information in this Practice Note relates to the current law in England. The law in Wales in this area is...
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Produced in partnership with Claire Cousin 16th May
Practice notes
The pre-proceedings processPlease note the information in this Practice Note relates to the current law in England. The law in Wales in this area is...
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Produced in partnership with Joy Hopkinson of London Borough of Lambeth Council 16th May
Practice notes
Public funding in care proceedingsPublic funding in care proceedings is provided for parties by the Legal Aid Agency (LAA) who are an executive agency...
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Produced in partnership with Claire Cousin of Dodds Solicitors LLP 16th May
Practice notes
How to draft a local authority threshold document in care proceedingsWhat is the function of a threshold statement in care proceedings?It is for the...
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Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council 16th May
Practice notes
Designation of local authorities for the purposes of care and supervision ordersThis Practice Note aims to provide guidance on the often controversial...
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Produced in partnership with Ruth Cabeza of Harcourt Chambers 16th May
Practice notes
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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 15th May
Practice notes
Case management in public children proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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15th May
Practice notes
Preparation of court bundles in family proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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15th May
Practice notes
Costs in public law children proceedingsGeneral principlesIn children proceedings the general rule that costs will follow the event does not apply....
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15th May
Practice notes
Vulnerable persons—participation and evidence in family proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the...
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15th May
Practice notes
Termination, discharge and variation of care and supervision ordersCare orders—generalA care order ends when the child reaches 18 or if brought to an...
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15th May
Practice notes
Public law fact-finding and split hearingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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15th May
Practice notes
Expert evidence in public children proceedingsThis Practice Note deals with expert evidence in public law children proceedings, including in care and...
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15th May
Practice notes
Children as parties to public law proceedingsThis Practice Note provides guidance on the circumstances in which children may be made parties to public...
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15th May
Practice notes
Jurisdictional issues in children proceedings11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into...
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15th May
Practice notes
Litigants in person and McKenzie friends—public lawThis Practice Note sets out guidance and best practice in cases where a party is acting in person...
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15th May
Practice notes
Evidence in public children proceedingsThis Practice Note deals with evidence in public children proceedings including admissibility, credibility,...
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15th May
Practice notes
Public children—Public Law Outline 2014Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding...
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15th May
Practice notes
Appeals in public law children proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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15th May
Practice notes
Standard orders—public childrenThis Practice Note provides information about, and access to, public children standard orders issued by the President...
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15th May

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