1GC Family Law

Can a prohibited steps order be varied by agreement between two parents who each have parental responsibility and without the need for a formal application to be made to the court? If so, is it necessary to record such an agreement in writing?

Can the court make findings against parents within care proceedings if the local authority are not seeking any? Can the court direct that there be a fact-finding hearing if no other party deems it necessary or appropriate?

Care proceedings were issued by the local authority, which is now recommending a family assistance order (FAO). Can the FAO regulate who the child will live with and spend time with, or is a child arrangements order also required?

In proceedings for a child arrangements order, the whereabouts of both the parent with care of the child and the child are unknown. The parent with care is not co-operating with the Children and Family Court Advisory and Support Service (Cafcass) for the preparation of a report ordered by the court under section 7 of the Children Act 1989. What action can be taken to ensure that the parent co-operates in being interviewed, and for the child to be seen, by Cafcass?

One parent is a British citizen and the other parent is a citizen of Denmark, where the parties child was born. Subsequently the parties and the child lived for most of the child’s life in a non-EU country. The parents returned to the UK with the child three months ago and one parent now wishes to return to the non-EU country with the child. Will the courts in England and Wales have regard to how long the child has been in the UK as to their jurisdiction? Will the position be different post-Brexit?

Where parents have separated and have left England, each with one child of the family, to live in different countries in the Middle East having each obtained child arrangements orders that make provision regarding who the children are to live with and having obtained permission to remove the children from the jurisdiction, does the English court have jurisdiction in proceedings under the Children Act 1989 in relation to the children? Can jurisdiction be established relying on domicile?