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Emergency Remedies in the Family Court Set

Recognised as the standard reference work on the subject, Emergency Remedies in the Family Court gives practical guidance on how all emergency applications should be made.
Publisher: Family Law
In Stock
ISBN/ISSN: 9780853083290
Publisher: Family Law

Product description

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 49 February 2020

In this issue all 11 divisions have been updated to reflect changes in procedural rules and practice directions and to deal with the current law and court decisions. Of significance are the following:

  • Division A. Amendments include the procedural rules that must be followed, and the criteria applied when making an application under the Children Act 1989, s 91(14) and when the court determines whether to make an order by reference to the decisions in Re N (Children) [2019] EWCA Civ 903 and Re A [2019] EWHC 612 (Fam). Section A21 (secure accommodation) has been revised to provide: a clear and succinct, step-by-step guide on what constitutes secure accommodation; the grounds and criteria that apply; the relevant Convention rights that must be considered, including in particular the child’s right to legal representation and to be heard and when authorisation under the court’s inherent jurisdiction may be appropriate.
  • Division B. Division B deals with recent jurisprudence on the use of the court’s inherent jurisdiction to deprive a child of his liberty and on vulnerable adults who do not fall within the Mental Capacity Act 2005 or the Mental Health Act 1983.
  • Division C. This division has been overhauled to deal with: urgent applications within adoption proceedings to withdraw consent; opposing an application for an adoption order; seeking an injunction and a recovery order.
  • Division D. The issue of repudiatory retention and a return order to a third country with which neither the child nor the parent in whose care the child is has any real connection is considered in the light of the decision in Re S (A Child) (Hague Convention 1980: Return to Third State) [2019] EWCA Civ 352.
  • Division E. The duty imposed on those representing a vulnerable party or witness and the court to consider the provisions of FPR 2010, r 3A is dealt with comprehensively, in particular by reference to the two recent cases of JH v MF [2020] EWHC 86 (Fam), where there was a wholesale failure by the court of all the relevant provisions and Re N (A Child) [2019] EWCA Civ 1996, where the failure related to both the legal representatives and the court. This division also considers the court’s jurisdiction to deal.

• Applications under the Children Act 1989
• Wardship and the Inherent Jurisdiction
• Adoption
• 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
• Appendices
• Emergency Contact Details

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