Emergency Remedies in the Family Court Set
Why should you subscribe to Emergency Remedies in the Family Courts
Recognised as the standard reference work on the subject, Emergency Remedies in the Family Courts gives practical guidance on how all emergency applications should be made.
For any family law crisis, Emergency Remedies in the Family Courts:
* Identifies the appropriate remedy
* Explains in step-by-step detail the requisite procedure
* Provides model applications and pleadings
* Clarifies the underlying law
Written and edited by an unrivalled team of experts, definitive advice is provided on all aspects of the law, together with guidance on over 70 urgent applications, including:
* Application for non-molestation and/or occupation order under Family Law Act 1996, Part IV
* Application for a freezing injunction, search orders and writ ne exeat regno
* Authority to place a child in secure accommodation
* Application for an emergency protection order
* Application for authority under the inherent jurisdiction
* Application for warrant of arrest under Family Law Act 1996, Pt IV, s 47(8)
* Application for forced marriage protection orders
* Application for judicial review
* Urgent appeal against an order by magistrates for transfer of residence of a child
* Application to extend or restrict publicity
* Application in respect of mentally ill persons
* Applications concerning domestic and international child abduction
* The impact of the Hague Convention 1996 on the Protection of Children
* Applications under TOLATA and MFP Act 1984 Part III
* General introduction on procedure under the FPR 2010
Emergency Remedies in the Family Courts has a unique format comprising four parts:
* Key Page - A quick reference guide to the appropriate application, who can apply and in which court the application must be made
* Procedural Guide - Takes you step-by-step through each stage of an application and cross-refers you to the relevant rules of court
* Precedents - Includes all documentation needed for each application
* Law and Practice - These sections present unrivalled advice from a team of experts giving you a full understanding of the applicable law
Monika Bindal, Solicitor, Local Authority – Midlands; David Burrows Solicitor Advocate, Bristol; Ellie Foster, Principal Associate Solicitor, Mills & Reeve LLP, Leeds, Manchester, Cambridge, Norwich, Birmingham and London; District Judge Susan Jackson, County Court at Central London and the Family Court at Croydon and Nominated Judge of the Court of Protection
Table of contents
Issue 50 September 2020
In this issue nine divisions have been updated to reflect changes in procedural rules and practice directions and to deal with the current law and court decisions. It includes in particular the following:
- Divisions A and C. Divisions A and C have been revised to make the information on law practice and procedure easier to follow.
- Division D. Division D analyses the risks of retention of agreeing to short-term removal from the jurisdiction and how to protect against such risks with specific reference to Re M (Children)  EWCA Civ 277 and  EWHC 67 (Fam) and the value if any of assurances and waiver of international diplomatic immunity; whether COVID-19 can be relied on to object to a return order on the basis of the child and the issue of whether multiple applications, ie under the ChA 1989 and the Hague Convention 1980 can be pursued simultaneously for the return of an abducted child by reference to the decision in NY (A Child)  UKSC 49 and Re N (A child)  EWFC 35 and H v B (BIIa: Enforcement of domestic return order)  EWHC 961 (Fam).
- Division E. Division E sets out in relation to FMPO the four stages of the ‘routemap’ advanced by the President in Re K (FMPO: Passport Order)  EWCA Civ 190 and how to deal with the conflict between Arts 3 and 8 rights; restrictions imposed and duration of FMPOs.
- Division F. Division F includes the updated standard form of order taking in the amendments made to the standard Search Order following the case of Akhmedova v Akhmedov  EWHC 3140 (Fam) and also sets out the form of order made in civil proceedings.
- Division G. Division G sets out the practice and procedure on reporting restrictions/anonymisation in High Court appeals and appeals in financial remedies and children cases. It also summarises the procedure for variation or lifting of reporting restrictions and request by accredited reports for attendance at a hearing and refers to the guidance on remote hearings during the COVID-19 crisis.
- Division I. Division I draws attention to appeals based on ‘wrong in the exercise of discretion’ to the limitations that apply to the appellate court’s assessment of the approach to ECHR rights with ERFC reference to A v M (Children)  EWCA Civ 283 and the court’s power to review an order in the light of evidence since the original hearing.
- Division J. Division J includes the Pre-action Protocol for Judicial Review; how any vires challenge to a PD made in relation to COVID-19 should be made by reference to Arkin v Marshall  EWCA Civ 620 and includes an analysis of the decision in Re W (A Child by his LF) v Secretary of State for the Home Dept  EWHC 1299 (Admin).
• Applications under the Children Act 1989
• Wardship and the Inherent Jurisdiction
• Child Abduction: Registration and Enforcement
• Personal Protection and Occupation of the Family Home
• Protection of Family Property
• Restriction of Publicity
• Protection of the Mentally and Physically Infirm
• Appeals Including Stay of Execution and Bail
• Civil Partnership
• Emergency Contact Details
Read the full contents