Emergency Remedies in the Family Court Set
Why should you buy 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.
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)  EWCA Civ 903 and Re A  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)  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  EWHC 86 (Fam), where there was a wholesale failure by the court of all the relevant provisions and Re N (A Child)  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
• 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
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Contributors: Richard Budworth Barrister, 2–3 Hind Court, London; David Burrows Solicitor Advocate, Bristol; District Judge Susan Jackson County Court at Central London and the Family Court at Croydon and Nominated Judge of the Court of Protection; Julie O’Malley Barrister, Lamb Building, London; Lisa Phillips Director and Solicitor Advocate, Child Care Law Department, Switalskis Solicitors LLP, Leeds; David Salter Consultant, Mills & Reeve LLP, Leeds, Manchester, Cambridge, Norwich, Birmingham and London and Deputy High Court Judge and Recorder