The following Family Q&A provides comprehensive and up to date legal information covering:
An application for a child arrangements order (CAO) may be made either by someone who does not require leave of the court or by someone who has obtained permission from the court to apply. Whether a grandmother requires leave will be dependent on the facts of the case. If the application is for a CAO that regulates who the child is to live with and when they live with them, and the child has lived with the grandmother for at least a year immediately preceding the application then a grandmother will not require permission to apply for a CAO (section 10(5B)-(5C) of the Children Act 1989 (ChA 1989)). Otherwise it is likely that as a first step she will need to apply for permission. An application for permission is made using the procedure under Part 18 of the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010, SI 2010/2955, Pt 18).
The respondents to applications under FPR 2010, SI 2010/2955, Pt 18 include, where there are existing proceedings or the proceedings have been concluded, the parties to those proceeding. Where there are no existing proceedings and an application is made for permission to apply for an order in proceedings, any
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.