Private children

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Applications under Schedule 1 to the Children Act 1989 Child arrangements orders Evidence and procedure Fundamental principles Grandparents Guardianship Orders restricting further applications Parental responsibility Periodical payments for children Prohibited steps orders Special guardianship Specific issue orders Step-parents Surrogacy

Latest Family News

Family weekly highlights—21 November 2024

Family weekly highlights—21 November 2024

The following Family news provides comprehensive and up to date legal information on Family weekly highlights—21 November 2024

Exceptional reasons required to bypass FDRs (GH v GH)

Exceptional reasons required to bypass FDRs (GH v GH)

The following Family news provides comprehensive and up to date legal information on Exceptional reasons required to bypass FDRs (GH v GH)

Family weekly highlights—14 November 2024

Family weekly highlights—14 November 2024

The following Family news provides comprehensive and up to date legal information on Family weekly highlights—14 November 2024

The interface between property law and financial remedy in the context of bankruptcy (DDR v BDR)

The interface between property law and financial remedy in the context of bankruptcy (DDR v BDR)

The following Family news provides comprehensive and up to date legal information on The interface between property law and financial remedy in the context of bankruptcy (DDR v BDR)

Featured Family content

The grounds on which a marriage is voidable

The grounds on which a marriage is voidable

The grounds on which a marriage is voidableOn 6 April 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into...

The grounds on which a marriage is void

The grounds on which a marriage is void

The grounds on which a marriage is voidA void marriage is one that will be treated by the court as never having taken place. The grounds on which a...

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...

A child is subject to a supervision order made under section 31 of the Children Act 1989. The court allowed the mother to take the child out of the jurisdiction to another EU country for a relative's funeral. The mother is now refusing to return the child. What steps may be taken by the local authority to return the child to this jurisdiction?

A child is subject to a supervision order made under section 31 of the Children Act 1989. The court allowed the mother to take the child out of the jurisdiction to another EU country for a relative's funeral. The mother is now refusing to return the child. What steps may be taken by the local authority to return the child to this jurisdiction?

A child is subject to a supervision order made under section 31 of the Children Act 1989. The court allowed the mother to take the child out of the...

Practice notes

Notices and restrictions

Notices and restrictionsNotices and restrictions may be used to afford some limited protection of an asset comprising land or property, which...
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2nd Mar
Q&As

Is there any case law that addresses when hiring a private investigator, or the actions of a private investigator, crosses the boundary into unlawful behaviour such as stalking, harassment or breach of privacy?

Is there any case law that addresses when hiring a private investigator, or the actions of a private investigator, crosses the boundary into unlawful...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk
2nd Mar
Practice notes

Void and voidable marriages

Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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2nd Mar
Practice notes

The meaning and scope of parental responsibility

The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
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1st Mar
Practice notes

Online divorce (pre-DDSA 2020)

Online divorce (pre-DDSA 2020)The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022. Proceedings issued by the...
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2nd Mar
Precedents

Notice of acting

Notice of actingCase number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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2nd Mar
Practice notes

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd
1st Mar
Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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2nd Mar
Practice notes

The definition of civil partnership

The definition of civil partnershipDefinitionWhen introduced by the Civil Partnership Act 2004 (CPA 2004), civil partnerships related only to two...
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2nd Mar
Q&As

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
2nd Mar
Practice notes

The Courts and Tribunals Service Centre and divorce centres

The Courts and Tribunals Service Centre and divorce centresThe Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022....
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1st Mar
tag iconCOVID-19
Precedents

Separation agreements—client guide

Separation agreements—client guideThis document provides general guidance regarding separation agreements. Your family lawyer will be able to provide...
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1st Mar
Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Application to vary, extend or discharge a non-molestation or occupation orderUnder the Family Law Act 1996 (FLA 1996) a non-molestation order is an...
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2nd Mar
tag iconCOVID-19
Practice notes

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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2nd Mar
Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
2nd Mar
Q&As

Does a non-molestation order or equivalent undertaking appear on a Disclosure and Barring Service (DBS) check, police check or criminal record? Does such an order or undertaking appear on advanced DBS checks and will it be listed as an offence if a non-molestation order is breached?

Does a non-molestation order or equivalent undertaking appear on a Disclosure and Barring Service (DBS) check, police check or criminal record? Does...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
2nd Mar

Popular documents

Child arrangements orders—contact

Child arrangements orders—contactThis Practice Note sets out the procedure in regular circumstances, prior to the pandemic, and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.Child arrangements ordersSince 22 April 2014, when

Can the court make an interim child arrangements order?

Can the court make an interim child arrangements order?The court may make an interim child arrangements order, namely an order intended to be short-term until determination of any issues in the case at a final hearing, under section 8 of the Children Act 1989.There are various cases where it can be

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfareThis Practice Note explains about the principle, in relation to certain private law applications made under the Children Act 1989 (ChA 1989), that the child's welfare must be the court's paramount consideration. It sets out when the paramountcy

Where a woman is separated from her husband, but not yet divorced, and she wishes to undertake in vitro

Where a woman is separated from her husband, but not yet divorced, and she wishes to undertake in vitro fertilisation treatment (using donor sperm), does she require her husband’s consent to do so? Where the husband refuses to sign a form indicating that he does not consent for the purposes of