NEW INFORMATION REGARDING LEGAL AID WITH REGARDS TO SPECIAL GUARDIANSHIP AND KINCARE

by alisonsgypt

There will be no legal aid for parents or extended family members for private law applications except, subject to an assessment of means and merits:

Ø  parents or other parties to care proceedings who are applying for private law orders such as residence orders  as an alternative to a care order being made within care proceedings;

Ø  for the protective party applying for a court order to protect a child where there is evidence of child abuse ie: unspent conviction, ongoing criminal proceedings, protective injunction/undertaking, child protection plan, LA assessment that child at risk, or civil finding in the last 24 months (see Draft Civil Legal Aid (Procedure) Regulations 2012)

Ø  for the party at risk where evidenced domestic violence (unspent conviction, NMO, OO, FMPO, MARAC protection plan, civil finding in last 24 months); i

Ø  international (not domestic) child abduction applications;

Ø  child parties to proceedings.

Family Procedures Rules 2010 Forms

The new Family Procedures Rules 2010 establish a comprehensive modernised code of family procedure replacing a large body of unconsolidated rules, guidance and forms for different courts and different types of proceedings. The Rules came into force on the 6 April 2011.

The forms are available to download by clicking on the links below. Any supporting notes can be found on the same page as the individual form.

Follow us on Twitter, LinkedIn or Facebook for the latest developments.

The Family Procedure Rules 2010

Family Procedures Rules 2010 Practice Directions – Full List

A1 – Notice of [intention to proceed with] an application for a financial remedy (other than a financial order) in the county or high court

A2 – Notice of [intention to proceed with] an application for a financial remedy in the magistrates court

A4 – Application for Revocation of an Order Freeing a Child for Adoption

A5 – Application for Substitution of One Adoption Agency for Another

A50 Application for a placement order Section 22 Adoption and Children Act 2002

A51 Application for variation of a placement order Section 23 Adoption and Children Act 2002

A52 Application for revocation of a placement order Section 24 Adoption and Children Act 2002

A53 Application for a contact order Section 26 Adoption and Children Act 2002

A54 Application for variation or revocation of a contact order Section 27(1)(b) Adoption and Children Act 2002

A55 Application for permission to change a child’s surname Section 28 Adoption and Children Act 2002

A56 Application for permission to remove a child from the United Kingdom Section 28 Adoption and Children Act 2002

A57 Application for a recovery order Section 41 Adoption and Children Act 2002

A58 Application for an adoption order Section 46 Adoption and Children Act 2002

A59 Application for a Convention adoption order Section 46 Adoption and Children Act 2002

A60 Application for an adoption order where the child is habitually resident outside the British Islands Section 46 Adoption and Children Act 2002

A61 Application for an order for parental responsibility prior to adoption abroad Section 84 Adoption and Children Act 2002

A62 Application for a direction under section 88(1) of the Adoption and Children Act 2002

A63 Application for an order to annul a Convention adoption or Convention adoption order or for an overseas adoption

A64 – Application to receive information from court records Section 60(4) Adoption and Children Act 2002

A64A – Application to receive information from court records about a parental order Section 60(4) Adoption and Children Act 2002

A65 – Confidential information

A100 – Consent to the placement of my child for adoption with any prospective adopters chosen by the Adoption Agency Section 19 of the Adoption and Children Act 2002

A101 – Consent to the placement of my child for adoption with identified prospective adopters Section 19 of the Adoption and Children Act 2002

A101A – Agreement to the making of a parental order in respect of my child Section 54 of the Human Fertilisation and Embryology Act 2008

A102 – Consent to the placement of my child for adoption with identified prospective adopter(s) and, if the placement breaks down, with any prospective adopter(s) chosen by the adoption agency Section 19 of the Adoption and Children Act 2002

A103 – Advance Consent to Adoption Section 20 of the Adoption and Children Act 2002

A104 – Consent to Adoption The Adoption and Children Act 2002

A105 – Consent to the making of an Order under Section 84 of the Adoption and Children Act 2002

A106 – Withdrawal of Consent Sections 19 and 20 of the Adoption and Children Act 2002

C – Notice of a first appointment

C1 – Application for an Order

C3 – Application for an order authorising search for, taking charge of and delivery of child

C4 – Application for an order for disclosure of a child’s whereabouts

C9 – Statement of service

C11 – Supplement for an application for an Emergency Protection Order

C12 – Supplement for an application for a warrant to assist a person authorised by an Emergency Protection Order

C13 – Supplement for an application for a Care or Supervision Order

C13A – Supplement for an application for a Special Guardianship Order Section 14A Children Act 1989

C14 – Supplement for an application for authority to refuse contact with a child in care

C15 – Supplement for an application for contact with a child in care

C16 – Supplement for an application for a Child Assessment Order

C17 – Supplement for an application for Education Supervision Order

C17A – Supplement for an application for an extension of an Education Supervision Order

C18 – Supplement for an application for a Recovery Order

C19 – Application for a warrant of assistance

C20 – Supplement for an application for an order to hold a child in Secure Accommodation

C47A – Appointment of a children’s guardian

C47B – Refusal to appoint a children’s guardian

C47C – Termination of the appointment of a children’s guardian

C48A – Appointment of a solicitor for a child

C48B – Refusal to appoint a solicitor for a child

C48C – Termination of the appointment of a solicitor for a child

C49(M) – Transfer of Proceedings to [the High Court] [a county court] [a family proceedings court]

C50(M) – Refusal to Transfer Proceedings

C51 – Application for a Parental Order Section 54 Human Fertilisation and Embryology Act 2008

C52 – Acknowledgement of an application for a Parental Order

C60 – Certificate referred to in Article 39 of Council Regulation (EC) No. 2201/ 2003 of 27 November 2003 concerning judgments on parental responsibility

C61 – Certificate referred to in Article 41(1) of Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning judgments on rights of access

C62 – Certificate referred to in Article 42(1) of Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning the return of the child

C63A – Declaration of parentage under section 55A of the Family Law Act 1986

C64A – Declaration of legitimacy or legitimation under section 56 (1) (b) and (2) of the family Law Act 1986

C65A – Declaration as to adoption effected overseas under section 57 of the Family Law Act 1986

C67 – Application under the Child Abduction and Custody Act 1985 or Article 11 of Council Regulation (EC) 2201/2003

C68 – Application for international transfer of jurisdiction to or from England and Wales

C69 – Application for registration, recognition or non recognition of a judgment under Council Regulation (EC) 2201/2003

C78 – Application for attachment of a warning notice to a contact order

C79 – Application related to enforcement of a contact order

C110 – Application under the Children Act 1989 for a care or supervision order

CB1 – Children and the family courts

C(PRA1) – Parental Responsibility Agreement

C(PRA2) – Step Parent Parental Responsibility Agreement

C(PRA3) – Parental Responsibility Agreement Section 4ZA Children Act 1989 (Acquisition of parental responsibility by second female parent)

D

D – Notice of a Financial Dispute Resolution appointment

D9B – Particulars of Person whose Address is Sought

D10A – Acknowledgement of Service (miscellaneous applications)

D11 Application notice

D13 – Form of advertisement (single)

D18 – Orders for further details in the statement of case

D19 – Order appointing Medical Inspector(s)

D25 – Order Evidence by [statement of truth] [affidavit]

D29D – [Decree Nisi] [Conditional order] of dissolution of [marriage][civil partnership] due to presumed death

D37D – [Decree Absolute] [Final order] of dissolution of [marriage][civil partnership]

D50 Notice of application on ground of failure to provide reasonable maintenance or for alteration of maintenance agreement during parties’ lifetime

D50A Notice of proceedings and acknowledgement of service – maintenance/ property proceedings

D50B Application to transfer a tenancy under The Family Law Act 1996, Part IV

D50C Application on ground of failure to provide reasonable maintenance

D50D Application for alteration of maintenance agreement after the death of one of the parties

D50E Application for permission to apply for financial relief after an overseas divorce etc

D50F Application for financial relief after an overseas divorce etc

D50G Application to prevent transaction intended to defeat prospective applications for financial relief

D50H Application for alteration of maintenance agreement during parties lifetime

D50J Application for an order preventing avoidance

D50K Notice of Application for Enforcement by such method of enforcement as the court may consider appropriate

D62 Request for issue of judgment summons

D63- Judgment Summons

D70A – Declaration as to marital/civil partnership status under Section 55 of the Family Law Act 1986 or section 58 of the Civil Partnership Act 2004

D80A Affidavit in support of divorce/(judicial) separation – adultery

D80B Affidavit in support of divorce / dissolution / (judicial) separation – unreasonable behaviour

D80C Affidavit in support of divorce / dissolution /(judicial) separation – desertion

D80D Affidavit in support of divorce / dissolution / (judicial) separation – 2 years’ consent

D80E Affidavit in support of divorce / dissolution / (judicial) separation – 5 years’ separation

D80F Affidavit in support of nullity petition – void marriage / civil partnership

D80G Affidavit in support of nullity petition – voidable marriage / civil partnership

D81 Statement of information for a consent order in relation to a financial remedy

D84 Application for a decree nisi/conditional order or (judicial) separation decree/order

D84A – Certificate of entitlement to a decree

D84B- Notice of satisfaction

D91 – Bailiffs affidavit in support of application for sub service

D180 – Concerning judgements in matrimonial matters

D183 – About divorce/dissolution

D184 – I want to get a divorce/dissolution – what do I do?

D185 – Children and divorce/dissolution

D186 – The respondent has replied to my petition – what must I do?

D187 – I have a decree nisi/conditional order – what must I do?

D190 – I want to apply for a financial order

D191 – About Annulment

D192 – About Separation

D253 – Notice of amount allowed on provisional assessment

D255 – Default costs certificate

D256 – Final cost certificate

D256A – Final cost certificate (assessment under Part iii of the Solicitors Act 1974)

D257 – Interim cost certificate

D584A Certificate of Entitlement to a Dissolution Order

E1 – Financial statement for a financial remedy (other than a financial order or financial relief after an overseas divorce, dissolution etc)

E2 – Financial Statement for a financial remedy in the magistrates court

EX 327 – I’ve got a maintenance order – but it’s not being paid

FL401 – Application for a non molestation order/an occupation order

FL401A – Application for a Forced Marriage Protection Order

FL403 – Application to vary, extend or discharge

FL403A – Application to vary, extend or discharge Forced Marriage Protection Orders

FL407 – Applications for warrant of Arrest

FL407A – Application for warrant of arrest for a Forced Marriage Protection Order

FL415 – Statement of service

FL430 – Application for leave to apply for a Forced Marriage Protection Order

FL431 – Application to join / cease as a party to Forced Marriage Protection Proceedings

FM1 Family Mediation Information and Assessment Form

FP1A – Application under Part 19 of the Family Procedure Rules 2010 Notes for applicant on completing the application (Form FP1)

FP1B – Application under Part 19 of the Family Procedure Rules 2010 Notes for respondent

FP3 – Application for injunction (General form)

FP8 – Notice of change of solicitor

FP9 – Certificate of suitability of litigation friend

FP25 – Witness Summons

FP40 – Notice that the court is prevented from making an order under the Child Support Act 1991

G

G – Notice of Response to first appointment

N56 – Form for replying to an attachment of earnings application (statement of means)

N161 – Appellant’s Notice

N161A – Guidance Notes on Completing the Appellant’s Notice

N161B – Important Notes for Respondents

N162 – Respondent’s Notice

N162A – Guidance Notes for Completing the Respondent’s Notice

N163 – Skeleton Argument

N164 – Appellant’s Notice

N260 Statement of Costs

N285 – General Affidavit

N323 – Request for Warrant of Execution

N336 – Request and result of search in the attachment of earnings index

N337 – Request for attachment of earnings order

N349 – Application for a third party debt order

N379 – Application for a charging order on land or property

N380 – Application for charging order on securities

PLO1 – Application for a care order or supervision order: Supplementary form

PLO2 – The local authority’s case summary

PLO3 – Draft case management order

PLO4 – Allocation record and timetable for the child(ren)

PLO5 – Directions and allocation on issue of proceedings

PLO6 – Directions and allocation at first appointment

PLO8 – Standard Directions on Issue

PLO9 – Standard Directions at First Appointment

PLP10 – Order Menu – Directions Revised Private Law Programme

PPF – Pension Protection Fund inquiry form

PPF1 – Pension Protection Fund Sharing Annex

PPF2 – Pension Protection Fund Attachment Annex

R

REMO 1 – Notice of Registration

REMO 2 – Notice of Refusal of Registr

Family Procedure Rules 2010 Practice Directions

The new Family Procedure Rules 2010 Practice Directions establish a comprehensive modernised code of family procedure replacing a large body of unconsolidated rules, guidance and forms for different courts and different types of proceedings. The Rules come into force on the 6 April 2011.

The Practice Directions are available to download as Pdf documents by clicking on the links below.

Follow us on Twitter, LinkedIn or Facebook for the latest developments.

The Family Procedure Rules 2010

Family Procedure Rules 2010 Forms – Full List

Practice Direction – Practice Directions relating to Family Proceedings in force before 6th April 2011 which support the Family Procedure Rules 2010

Part 1 – Overriding Objective

Part 2 – Application and Interpretation of the Rules

Practice Direction 2A – Functions of the Court in the Family Procedure Rules 2010 and Practice Directions which may be Performed by a Single Justice of the Peace

Part 3 – Alternative Dispute Resolution: The Court’s Powers

Practice Direction 3A – Pre-Application Protocol for Mediation Information

Family Mediation Information and Assessment Form FM1

Part 4 – General Case Management Powers

Practice Direction 4A – Striking Out a Statement of Case

Practice Direction 4B – Civil Restraint Orders

Part 5 – Forms and Start of Proceedings

Practice Direction 5A – Forms

Family Procedure Rules 2010 Forms – Full List

Part 6 – Service

Practice Direction 6A – Service within the Jurisdiction

Practice Direction 6B – Service out of the Jurisdiction

Practice Direction 6C – Disclosure of Addresses by Government Departments (amending PD of 13 February 1989)

Part 7 – Procedure for Applications in Matrimonial and Civil Partnership Proceedings

Practice Direction 7A – Procedure for Applications in Matrimonial and Civil

Practice Direction 7B – Medical Examinations on Applications for Annulment

Practice Direction 7C – Polygamous Marriages

Practice Direction 7D – Gender Recognition Act 2004

Part 8 – Procedure for Miscellaneous Applications

Part 9 – Applications for a Financial Remedy

Practice Direction 9A – Application for a Financial Remedy

Part 10 – Applications under Part 4 of the Family Law Act 1996

Practice Direction 10A – Part 4 of the Family Law Act 1996

Part 11 – Applications under Part 4A of the Family Law Act 1996

Part 12 – Proceedings Relating to Children Except Parental Order Proceedings and Proceedings for Applications in Adoption, Placement and Related Proceedings

Practice Direction 12A – Public Law Proceedings Guide to Case Management: April 2010

Practice Direction 12B – The Revised Private Law Programme

Practice Direction 12C – Service of Application in Certain Proceedings

Practice Direction 12D – Inherent Jurisdiction (Including Wardship)

Practice Direction 12E – Urgent Business

Practice Direction 12F – International Child Abduction

Practice Direction 12G – Communication of Information

Practice Direction 12H – Contribution Orders

Practice Direction 12I – Applications for Reporting Restriction Orders

Practice Direction 12J – Residence and Contact Orders: Domestic Violence and Harm

Practice Direction 12K – Children Act 1989: Exclusion Requirement

Practice Direction 12L – Children Act 1989: Risk Assessments under Section 16A

Practice Direction 12M – Family Assistance Orders: Consultation

Practice Direction 12N – Enforcement of Children Act 1989 Contact Orders: Disclosure of Information to Officers of the National Probation Service (High Court and County Court)

Practice Direction 12O – Arrival of Child in England by Air

Practice Direction 12P- Removal from Jurisdiction: Issue of Passports

Part 13 – Proceedings Under Section 54 of the Human Fertilisation and Embryology Act 2008

Part 14 – Procedure for Applications in Adoption, Placement and Related Proceedings

Practice Direction 14A – Who Receives a Copy of the Application Form for Orders in Proceedings

Practice Direction 14B – The First Directions Hearing – Adoptions with a Foreign Element

Practice Direction 14C – Reports by the Adoption Agency or Local Authority

Practice Direction 14D – Reports by a Registered Medical Practitioner (“Health Reports”)

Practice Direction 14E – Communication of Information Relating to Proceedings

Practice Direction 14F – Disclosing Information to an Adopted Adult

Part 15 – Representation of Protected Parties

Practice Direction 15A – Protected Parties

Part 16 – Representation of Children and Reports in Proceedings Involving Children

Practice Direction 16A – Representation of Children

Part 17 – Statements of Truth

Practice Direction 17A – Statements of Truth

Part 18 – Procedure for other Applications in Proceedings

Practice Direction 18A – Other Applications in Proceedings

Part 19 – Alternative Procedure for Applications

Practice Direction 19A – Alternative Procedure for Applications

Part 20 – Interim Remedies and Security for Costs

Practice Direction 20A – Interim Remedies

Part 21 – Miscellaneous Rules about Disclosure and Inspection of Documents

Practice Direction 21A – Disclosure and Inspection

Part 22 – Evidence

Practice Direction 22A – Written Evidence

Part 23 – Miscellaneous Rules about Evidence

Part 24 – Witnesses, Depositions Generally and taking of Evidence in Member States of the European Union

Practice Direction 24A – Witnesses, Depositions and Taking of Evidence in Member States of the European Union

Part 25 – Experts and Assessors

Practice Direction 25A – Experts and Assessors in Family Proceedings

Part 26 – Change of Solicitor

Practice Direction 26A – Change of Solicitor

Part 27 – Hearings and Directions Appointments

Practice Direction 27A – Family Proceedings: Court Bundles (Universal Practice to be applied in All Courts other than the Family Proceedings Court)

Practice Direction 27B – Attendance of Media Representatives at Hearings in Family Proceedings (High Court and County Courts)

Practice Direction 27C – Attendance of Media Representatives at Hearings in Family Proceedings (Family Proceedings Court)

Part 28 – Costs

Practice Direction 28A – Costs

Part 29 – Miscellaneous

Practice Direction 29A – Human Rights, Joining the Crown

Practice Direction 29B – Human Rights Act 1998

Part 30 – Appeals

Practice Direction 30A – Appeals

Part 31 – Registration of Orders under the Council Regulation, the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 and under the Hague Convention 1996

Practice Direction 31A – Registration of orders under the Council Regulation, the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 and under the 1996 Hague Convention

Part 32 – Registration and Enforcement of Orders

Part 33 – Enforcement

Practice Direction 33A – Enforcement of Undertakings

Part 34 – Reciprocal Enforcement of Maintenance Orders

Practice Direction 34A – Reciprocal Enforcements of Maintenance Orders

Practice Direction 34B – Practice Note (Tracing Payers Overseas)

Part 35 – Mediation Directive

Practice Direction 35A – Mediation Directive

Part 36 – Transitional Arrangements and Pilot Schemes

Practice Direction 36A – Transitional Arrangements

Practice guidelines change of Solicitor.

http://www.familylaw.co.uk/system/uploads/attachments/0001/8875/FPR_PD26A.pdf

Family Procedures Rules 2010 Forms

The new Family Procedures Rules 2010 establish a comprehensive modernised code of family procedure replacing a large body of unconsolidated rules, guidance and forms for different courts and different types of proceedings. The Rules come into force on the 6 April 2011.

The Forms are available to download as Pdf documents by clicking on the links below.

A50 Application for a placement order Section 22 Adoption and Children Act 2002

A51 Application for variation of a placement order Section 23 Adoption and Children Act 2002

A52 Application for revocation of a placement order Section 24 Adoption and Children Act 2002

A53 Application for a contact order Section 26 Adoption and Children Act 2002

A54 Application for variation or revocation of a contact order Section 27(1)(b) Adoption and Children Act 2002

A55 Application for permission to change a child’s surname Section 28 Adoption and Children Act 2002

A56 Application for permission to remove a child from the United Kingdom Section 28 Adoption and Children Act 2002

A57 Application for a recovery order Section 41 Adoption and Children Act 2002

A58 Application for an adoption order Section 46 Adoption and Children Act 2002

A59 Application for a Convention adoption order Section 46 Adoption and Children Act 2002

A60 Application for an adoption order where the child is habitually resident outside the British Islands Section 46 Adoption and Children Act 2002

A61 Application for an order for parental responsibility prior to adoption abroad Section 84 Adoption and Children Act 2002

A62 Application for a direction under section 88(1) of the Adoption and Children Act 2002

A63 Application for an order to annul a Convention adoption or Convention adoption order or for an overseas adoption

A107 Consent by the child’s parent to adoption by their partner

C1A Allegations of harm and domestic violence

C2 Application

C5 Application concerning the registration of a child-minder or provider of day-care

C63 Application for declaration of parentage under section 55A of the Family Law Act 1986

C64 Application for declaration of legitimacy or legitimation under section 56(1)(b) and (2) of the Family Law Act 1986

C65 Application for declaration as to adoption effected overseas under section 57 of the Family Law Act 1986

C100 Application under the Children Act 1989 for a residence, contact, prohibited steps, specific issue section 8 order or to vary or discharge a section 8 order

D5 Notice to be indorsed on document served in accordance with rule 6.14

D11 Application notice

D20 Medical examination: statement of parties and inspector

D36 Notice of application for decree nisi to be made absolute or conditional order to be made final

D50 Notice of application on ground of failure to provide reasonable maintenance or for alteration of maintenance agreement during parties’ lifetime

D50A Notice of proceedings and acknowledgement of service – maintenance/ property proceedings

D50B Application to transfer a tenancy under The Family Law Act 1996, Part IV

D50C Application on ground of failure to provide reasonable maintenance

D50D Application for alteration of maintenance agreement after the death of one of the parties

D50E Application for permission to apply for financial relief after an overseas divorce etc

D50F Application for financial relief after an overseas divorce etc

D50G Application to prevent transaction intended to defeat prospective applications for financial relief

D50H Application for alteration of maintenance agreement during parties lifetime

D50J Application for an order preventing avoidance

D50K Notice of Application for Enforcement by such method of enforcement as the court may consider appropriate

D62 Request for issue of judgment summons

D70 Application for declaration of marital/civil partnership status

D80A Affidavit in support of divorce/(judicial) separation – adultery

D89 Request for personal service by a court bailiff

D151 Application for registration of a maintenance order in a magistrates’ court

D252 Notice of commencement of assessment of bill of costs

D254 Request for a Default Costs Certificate

E Financial Statement & Overseas Divorce

F Notice of allegation in proceedings for a financial remedy

FP1 Application under Part 19 of the Family Procedure Rules 2010

FP5 Acknowledgment of service Application under Part 19

FP6 Certificate of service

H Estimate of costs (financial remed

Master of the Rolls’ Practice Guidance of March 2013: Terminology for Litigants in Person

http://www.familylaw.co.uk/system/uploads/attachments/0006/6821/Practice_Guidance_March_2013_.pdf

The Health and Social Care Act 2012 (Commencement No.4,Transitional, Savings and Transitory Provisions) Order 2013

The Health and Social Care Act 2012 (Commencement No.4,Transitional, Savings and Transitory Provisions) Order 2013

http://www.familylaw.co.uk/system/uploads/attachments/0006/5738/uksi_20130160_en.pdf

 

The Immigration (Procedure for Formation of Civil Partnerships)

http://www.familylaw.co.uk/system/uploads/attachments/0006/5742/uksi_20130227_en.pdf

The Civil Procedure (Amendment) Rules 2013

http://www.familylaw.co.uk/system/uploads/attachments/0006/5743/uksi_20130262_en.pdf

Family Procedure Rules 2010 – New Practice Direction 25A

http://www.familylaw.co.uk/system/uploads/attachments/0006/4881/FPR_PD25A.pdf

Law Society Practice Note of 1 February 2013: Client Care Letters

http://www.familylaw.co.uk/system/uploads/attachments/0006/5427/Law_Society_P…

Major reforms to support children and families The Children and Families Bill, published today, includes reforms to adoption, family justice, an overhaul

Major reforms to support children and families
The Children and Families Bill, published today, includes reforms to adoption, family justice, an overhaul of Special Educational Needs, reinforcing the role of the Children’s Commissioner and plans to introduce childminders agencies. Full story: Department for Education.

Brain-damaged groom was ‘mentally incapable’ of understanding commitment
A man who married his childhood sweetheart in his fifties after the pair rekindled their young love has had his marriage declared invalid by a judge as he was not capable of understanding the meaning of a lifelong commitment. Full story: Daily Mail.

Second reading of Marriage (Same Sex Couples) Bill this week
Conservative activists urge Prime Minister to delay the Bill. Full story: Family Law Week.

Budget 2013: No tax break for married couples
The government will not introduce a tax break for married couples in next month’s Budget, it has emerged. Full story: BBC News.

Children’s Commissioner calls for comprehensive impact assessments of Government’s judicial review proposals
The Office of the Children’s Commissioner for England has published its response to the proposals of the Ministry of Justice for reform of judicial review. Full story: Family Law Week.

Mental health services must involve patients in their care decisions, says CQC annual report
The Care Quality Commission’s Mental Health Act Annual Report reveals that 15 per cent of people receiving care under the Act are not being involved in the decisions made about their care. Full story: Family Law Week.

Sharia divorces could be allowed after legal ruling
Divorces settled by religious courts including Sharia are a step closer to being allowed under British law after a landmark legal decision [the AI v MT case – see below]. Full story: The Telegraph. See, however, the UK Human Rights Blog post, below.

New approach to expert evidence in family proceedings
New rules have come into force which will mean judges can streamline proceedings in family courts by reducing the number of expert witnesses who have to give evidence. Full story: Judicial Office. The new FPR 2010, Part 25 – see also the Family Law article and the post by suesspiciousminds, both below.

Sperm donors given leave to apply for contact with children
In the High Court Mr Justice Baker has ordered that known sperm donors can apply for Children Act 1989 section 8 orders in respect of children, despite having no legal relationship with them under the Human Fertilisation and Embryology Act 2008. The S v D & E case – see below. Full story: Family Law Week.

Butler-Sloss condemns advice cuts
Removing funding for a service that helps litigants in person on the day wide-ranging legal aid cuts take effect will create ‘absolute disarray’ in the courts, a former head of the family division has warned. Full story: Law Society Gazette.

UK residents (under 65) living in married households have declined by 6% in last ten years
The latest statistical bulletin, published by the Office for National Statistics and derived from the 2011 census, focuses on the structure of households. Full story: Family Law Week.

Social workers to gain powers to enter homes in abuse cases
Social workers in Wales would gain powers to enter homes where abuse is suspected to assess adults at risk under legislation to overhaul social services in Wales. Full story: Community Care.

STATUTORY INSTRUMENT
Civil Partnership Act 2004 (Overseas Relationships) Order 2012
This Order amends Schedule 20 to the Civil Partnership Act 2004.

PRACTICE DIRECTIONS
New Practice Direction 25A
This Practice Direction and Practice Directions 25B to E relate to expert evidence and supplement FPR.

New Practice Direction 25B
This Practice Direction supplements FPR Part 25 and relates to the duties of an expert, the expert’s report and arrangements for an expert to attend court.

New Practice Direction 25C
This Practice Direction supplements FPR Part 25 and relates to Children Proceedings – The Use of Single Joint Experts and the Process Leading to an Expert Being Instructed or Expert Evidence Being Put Before the Court.

New Practice Direction 25D
This Practice Direction supplements FPR Part 25 and relates to Financial Remedy Proceedings and Other Family Proceedings (Except Children Proceedings) – The Use of Single Joint Experts and the Process Leading to Expert Evidence Being Put Before the Court.

New Practice Direction 25E
This Practice Direction supplements FPR Part 25 and relates to discussions between experts in family proceedings.

New Practice Direction 25F
This Practice Direction supplements FPR Part 25 and relates to assessors in family proceedings.

FPR PD15B – adults who may be protected parties and children who may become protected parties in family proceedings
Coming into force on 31 January 2013 is FPR Practice Direction 15B – adults who may be protected parties and children who may become protected parties in family proceedings, which supplements FPR Part 15 (representation of protected parties).

CASES
W v W [2012] EWHC 2469 (Fam) (3 September 2012)
Application for financial relief and application by the Crown to vary a restraint order imposed by the Crown Court. Full report: Family Law Week.

S v D & E [2013] EWHC 134 (Fam) (31 January 2013)
Applications by two sperm donors for leave to apply for contact with children. Leave granted. Full report: Bailii. See also the news story above, and the post by suesspiciousminds, below.

Re M (Contact) [2013] EWCA (17 January 2013)
Appeal against dismissal of parents’ application for contact with children in care. Appeal dismissed. Report: Family Law.

W (A Child) [2012] EWCA Civ 1828 (12 December 2012)
Appeal by parents against care and placement orders. Appeal dismissed. Full report: Family Law Week.

AI v MT [2013] EWHC 100 (Fam) (30 January 2013)
Financial remedy judgment after consent order agreed in arbitration carried out by rabbinical authorities. Full report: Bailii. See also the news story above, and the UK Human Rights Blog post, below.

Re YM (Father’s Contact: Anger Management Issues) [2013] EWCA (22 January 2013)
Appeal by mother against contact order made after the judge accepted a report from the father’s GP stating he suffered from no anger problems. Appeal allowed. Report: Family Law.

Re C (Abduction: Consent Order: Appeal) [2013] EWCA (24 January 2013)
Appeal by father against revocation of return order made by consent, on the basis that the mother had been subjected to extreme pressure by her barrister. Appeal allowed. Report: Family Law.

Re H (United Mexican States Intervening) [2013] EWCA (23 January 2013)
Appeal by mother against refusal of her application for summary return of the child to Mexico. Appeal dismissed. Report: Family Law.

Re Y (Abduction: Undertakings Given For Return of Child) [2013] EWCA (22 January 2013)
Mother ordered to return child to Cyprus. She appealed on the basis that the father’s undertakings would not be recognised by Cypriot court. Appeal dismissed. Report: Family Law.

ARTICLES
Jurisdiction of same-sex marriages
“On Friday the government published its draft legislation for the debate on redefining marriage by introducing same-sex marriage. It is the Marriage (Same-sex Couples) Bill 2013.” David Hodson looks at the implications, in this article on Family Law.

Undue Influence in the Family – A 2013 Update
Luke Barnes, barrister at Three Dr Johnson’s Buildings, examines the issue of undue influence in family matters. Full article: Family Law Week.

Under attack
David Burrows warns of an assault on family law, in this article in New Law Journal.

The new FPR 2010, Part 25 (Experts and Assessors) and accompanying practice directions come in to force today. What changes do they make?
On 31 January 2013, the new FPR 2010, Part 25 and accompanying practice directions come into force. Full article: Family Law.

Confidentiality and children being heard – privately?
“Privilege and confidentiality are topical”, says David Burrows in this article on Family Law.

BLOG POSTS
Is there a meaningful right to silence in care cases?
Suesspiciousminds asks the question in this post.

“A Judge too far”
A quick discussion on the Court of Appeal decision in Re J-L (Children) 2012. Full post: suesspiciousminds.

Court opens way to divorces by Sharia? Hold on a minute…
The Times (amongst others) today deserves a spell on the legal naughty step. Its headline announces that a judge’s decision “opens way to divorces by Sharia“. The AI v MT case – see above. Full post: UK Human Rights Blog.

“Biological parent versus legal parents – OR Judge Fudge is far too busy being delicious”
A discussion of the High Court decision in Re S v D &E 2013 [above], in which the High Court determined that a man who had donated sperm which led to the birth of a child could make an application under the Children Act 1989, although leave would be required. Full post: suesspiciousminds.

Letters of Destruction
“You may well have heard that the new guidance on the instruction of experts came into force today. If it is actually enforced, it will significantly reduce the number of experts and at the same time significantly increase the amount of preparatory work prior to requesting the involvement of an expert.” Says suesspiciousminds (who else?) in this post.

Case Preview: In the Matter of L-B (Children)
Re L-B (Children), heard in the Supreme Court last week, concerns a judge’s power to change her decision where oral judgment ha

New Part 25 of FPR introduced to speed up family proceedings

http://www.judiciary.gov.uk/Resources/JCO/Documents/Practice%20Directions/fam…

Restrictions imposed on expert evidence adduced in children cases.

Law Society Guidance of 24 January 2013: Instructing a barrister – new standard contractual terms

http://www.familylaw.co.uk/system/uploads/attachments/0006/4305/LSC…

Prior authorities for experts in family cases

http://www.justice.gov.uk/legal-aid/newslatest-updates/civil-news/prior-authorities-for-experts-in-family-cases?dm_i=4P,18921,AV9ZJ,45QDV,1

Use of experts in legally aided cases

http://www.familylaw.co.uk/system/uploads/attachments/0006/4065/Guidance-Applications-for-Prior-Authorities-for-Experts.pdf

Guidance published by LSC on prior authority for experts in family cases

http://www.justice.gov.uk/downloads/legal-aid/funding-code/guidance-applications-for-prior-authorities-for-experts.pdf

HIGH COURT LITIGANTS IN PERSON GUIDE

HIGH COURT LITIGANTS IN PERSON GUIDE http://www.judiciary.gov.uk/Resources/JCO/Documents/Guidance/srl_qb…

The Children (Northern Ireland) Order 1995

http://www.legislation.gov.uk/nisi/1995/755/contents/made

ATTENDANCE OF SOLICITORS AT LOCAL AUTHORITY CHILDRENS ACT MEETINGS

http://www.familylaw.co.uk/system/uploads/attachments/0006/3859/Attendance_of_solicitors_at_local_authority_Children_Act_meetings.pdf

FINANCIAL RESOLUTION DISPUTE BEST PRACTICE GUIDANC

http://www.judiciary.gov.uk/JCO%2fDocuments%2fFJC%2fPublications%2f….

Law Society Guidance of 24 January 2013: Instructing a barrister – new standard contractual terms

http://www.familylaw.co.uk/system/uploads/attachments/0006/4305/LSC…

The Child Maintenance and Other Payments Act 2008 (Commencement

http://www.familylaw.co.uk/system/uploads/attachments/0006/2647/uksi_20123042_en.pdf

The Family Procedure (Amendment) (No.5) Rules 2012, SI 2012/3061

http://www.familylaw.co.uk/system/uploads/attachments/0006/2649/uksi_20123061_en.pdf

Changes to Family Procedure Rules laid before Parliament Ministy of Justice

Changes to Family Procedure Rules laid before Parliament

Ministy of Justice Logo
As you may be aware, the Family Justice Review made a number of recommendations to improve the use of experts in family proceedings.
The intention is to make changes to ensure expert evidence is used only where it is necessary, in the opinion of the court, to assist the court in resolve the proceedings. Changes are also intended to address the culture identified by the Review of over-use of expert reports in care proceedings, even when they add little value.
As part of this process of change, the Family Procedure Rule Committee (FPRC) has developed a number of amendments to Part 25 of the Family Procedure Rules (FPR), which deal with experts and assessors. The Family Procedure Rules govern the procedures used in family courts in England and Wales.
Today the amendments to these rules were laid before Parliament and they will be available shortly on the legislation website . The rules insert a new Part 25 (Experts and Assessors) into the Family Procedure Rules 2010.
The changes to the existing Part 25 include the following:
  • a change to the test for permission to put expert evidence before the court from ‘reasonably required’ to ‘necessary’. In proceedings relating to children, the new test also applies to permission to instruct an expert and for a child to be examined or assessed to obtain expert evidence for use in the proceedings;
  • the inclusion of specific factors which the court should consider when deciding whether to give permission for expert evidence, including the impact on the timetable and conduct of the proceeding and the cost. Additional factors are included for proceedings relating to children. These include what other expert evidence is available (including any obtained before the start of proceedings) and whether the evidence could be obtained from another source such as one of the parties;
  • in proceedings relating to children, an application for permission to instruct an expert should state the questions which the expert is required to answer which the court needs to approve.
The rules will come into force on 31 January 2013 and will apply to existing proceedings as well as proceedings started after that date. New Practice Directions (which provide supplementary guidance to support the FPR) will also take effect on 31 January 2013.
Once in force, the rules and Practice Directions will be available on the Family Procedure Rules section of the Ministry of Justice website.
This is a first step in a comprehensive programme to tackle the current delays in care proceedings which are unacceptable and not in children’s interests.
The Government’s proposed family justice legislation, which includes provisions on expert evidence, will, if passed, eventually supersede parts of the amended FPR. This Bill is currently undergoing pre-legislative scrutiny. We will keep you updated with progress.

Family Mediation Information and Assessment Form FM1 – Attach to PD 3A

http://www.familylaw.co.uk/system/uploads/attachments/0006/1603/FM1…

FAMILY FEES SCHEME EXCLUDING ADVOCACY

http://www.legalservices.gov.uk/docs/civil_contracting/Annex-2-Fee-Scheme-Guidance-February-2012.pdf

GUIDANCE FOR MEDIA REPORTING CHILD ABUSE AND NEGLECT

http://cdn.basw.co.uk/upload/basw_32257-10.pdf

DECISION MAKING WITHIN A CHILDS TIME FRAME

http://www.judiciary.gov.uk/JCO%2fDocuments%2fFJC%2fDecision_making_within_a_childs_timeframe_Oct_2012_CWRC_

STANDARD DIRECTIONS IN HAGUE CONVENTION CASES INVOLVING CAFCASS HIGH COURT TEAM

http://www.familylaw.co.uk/system/uploads/attachments/0006/0745/Standard_Directions_in_Hague_Convention_Cases_involving_Cafcass_High_Court_Team.p

Family law high cost cases LSC GUIDANCE

http://www.legalservices.gov.uk/civil/high_cost_civil.asp

Shared parenting’ provision to be inserted into childrens act section 1

http://media.education.gov.uk/assets/files/pdf/g/government%20response%20to%20the%20shared%20parenting%20consultation.pdf

Decision making with a childs timescale

http://www.cwrc.ac.uk/news/documents/Decision_making_within_a_childs_timeframe_Oct_2012_CWRC_WP_16.pdf

The explanatory notes and process diagram are here. Shared parenting

http://media.education.gov.uk/assets/files/pdf/s/shared%20parenting%20clause%20explanatory%20notes%20and%20process%20map.pdf

The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for

The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (the “1996 Hague Convention“) comes into force on 1 November 2012. Although the 1996 Hague Convention was concluded 16 years ago, it has only been ratified by the United Kingdom this year. Click here for a list of the other Contracting States.

The subject matter of the 1996 Hague Convention is wide ranging, covering not just the physical protection of children but also matters such as parental responsibility, contact, residence, children’s property, guardianship, foster parents and more. The main areas it deals with are helpfully listed in the title:

  • Jurisdiction – The 1996 Hague Convention sets out rules governing which Contracting State’s courts will have jurisdiction in children cases. The country in which the child is habitually resident will have jurisdiction, although there are exceptions to this rule. The rules relating to jurisdiction are found in Articles 5-14 of the Convention
  • Applicable law – The general rule is that each Contracting State should apply its own law (if it has jurisdiction). The rules relating to applicable law are found in Articles 15-22 of the Convention.
  • Recognition and enforcement – The default position is that a court’s decision in one Contracting State must be recognised “by operation of law” in all other Contracting States, without any further proceedings being necessary. This may be useful in relocation cases (for example, enabling a contact order in favour of a left-behind parent to be recognised without the need for proceedings for “mirror orders”). There are some circumstances in which recognition can be refused, which are listed at Article 23. The procedure for enforcement of orders remains to be determined by each particular Contracting State according to its national law. However, the Convention makes it clear that the procedure for enforcement should be “simple and rapid”. The rules relating to recognition and enforcement are found in Articles 23-28 of the Convention.
  • Co-operation – The Convention contains provisions for Contracting States to co-operate in order to protect children, such as providing for the relevant child protection authorities in one Contracting State to request a report on a child in another Contracting State and to seek measures to protect the child. The rules relating to co-operation are found in Articles 29-39 of the Convention.

The 1996 Hague Convention does not apply to every case involving a child (a list of the areas it does not apply to are set out at Article 4) but, because of its very wide scope, it will come into play in most child care cases with a foreign element, including child abduction cases (alongside the 1980 Hague Abduction Convention). The Convention will, therefore, have a major impact on practitioners whose caseload includes any child care cases involving Contracting States. As a result, they will need to be aware of the effect the Convention will have in such cases and familiar with the text of the Convention itself.

The full text version of the 1996 Hague Convention is available below, as is the full text version of the connected regulations(The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010, SI 2010/1898).

The 1996 Hague Convention on the Protection of Children by Nigel Lowe QC and Michael Nicholls QC provides a comprehensive guide to the complexities of the 1996 Convention, including detailed coverage of the relationship with other international instruments such as the revised Brussels II Regulation.

Amy Royce-Greensill is a Family Law PSL at Jordan Publishing and was formerly a family solicitor practising in London.

Downloads

Parental Responsibility and Measures for the Protection of Children

http://www.familylaw.co.uk/system/uploads/attachments/0005/9749/Parental_Responsibility_and_Measures_for_the_Protection_of_Children__International_Obliga

Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010

ARTICLES OF AGREEMENT AND FRAMEWORK FOR LEGAL ADVOCACY

ARTICLES OF AGREEMENT AND FRAMEWORK AGREEMENT FOR LEGAL ADVOCACY

http://www.barcouncil.org.uk/media/174030/detailed_articles.pdf

Bar Council publishes templates for agreements between chambers and local authoritie

http://www.barcouncil.org.uk/media/174007/framework_agreement.pdf

Bar Council publishes templates for agreements between chambers and local authorities

Framework agreement and detailed articles available.

FAMILY ARBITRATOR

http://ifla.org.uk/cms/wp-content/uploads/2012/09/procedural-summary.pdf

The Child Maintenance and Other Payments Act 2008 (Commencement No. 9) and the Welfare Reform Act 2009 (Commencement No. 9) Order 2012

The Child Maintenance and Other Payments Act 2008 (Commencement No. 9) and the Welfare Reform Act 2009 (Commencement No. 9) Order 2012

http://www.legislation.gov.uk/uksi/2012/2523/made.

The Civil Procedure (Amendment No.2) Rules 2012

http://www.familylaw.co.uk/system/uploads/attachments/0005/5647/uksi_20122208_en.pdf

The Children fees Amendment Regulations 2012

http://www.familylaw.co.uk/system/uploads/attachments/0005/5649/uksi_20122168_en.pdf

MACKENZIE FRIENDS GUIDELINES NORTHERN IRELAND

http://www.courtsni.gov.uk/en-GB/Judicial%20Decisions/Practice%20Directions/Documents/Practice%20Note%2003-12/Practice%20Note%2003-12.htm

BAAF statement on Placement Orders: Good practice to be followed by local authorities faced with application for leave to apply for revocation

http://www.baaf.org.uk/media/releases/080501_pl

The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012

http://www.familylaw.co.uk/system/uploads/attachments/0005/3477/uksi_20122007_en.pdf

The Family Procedure (Amendment No. 3) Rules 2012

http://www.legislation.gov.uk/uksi/2012/2046/made

The Allocation and Transfer of Proceedings (Amendment) (No.2) Order 2012

http://www.familylaw.co.uk/system/uploads/attachments/0005/2827/uksi_20121955_en.pdf

The Civil Courts (Amendment) (No. 2) Order 2012

http://www.familylaw.co.uk/system/uploads/attachments/0005/2825/uksi_20121954_en.pdf

The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012

http://www.familylaw.co.uk/system/uploads/attachments/0005/2345/uksi_20121770_en.pdf

Law Society Practice Note: providing services to deaf and hard of hearing people

http://www.familylaw.co.uk/system/uploads/attachments/0005/2341/Providing_services_to_Ddeaf_and_hard_of_hearing_people.pdf

Law Society Practice Note: Equality and diversity requirements: SRA Handbook

http://www.familylaw.co.uk/system/uploads/attachments/0005/2343/Equality_and_diversity_requirements_SRA_Handbook.pdf

The Child Maintenance and Other Payments Act 2008 (Commencement No. 8) Order 2012

The Child Maintenance and Other Payments Act 2008 (Commencement No. 8) Order 2012

http://www.familylaw.co.uk/system/uploads/attachments/0004/9385/uksi_20121649_en.pdf

Habeas Corpus Witness Statement.doc

http://www.familylaw.co.uk/system/uploads/attachments/0004/7055/uksi_20121410_en.pdf

Free legal guides

The Children’s Legal Centre’s free legal dowloads

The Right to Education in England

Bullying- A guide to the law

Complaints from Children: The new police complaints procedure

At what age can I…? Sample copy

You can also download free legal information about the following:

FORCED MARRIAGE GUIDANCE

Updated Family Procedures Rules Practice Directions

Updated Family Procedures Rules Practice Directions
Family Procedures Rules – Practice Direction 2A – Functions of the Court in the Family Procedure Rules 2010
Family Procedures Rules 2010 – Practice Direction 5A – FormsFamily Procedures Rules 2010 – Practice Direction 6A – Service with…Family Procedures Rules 2010 – Practice Direction 7A – Procedure fo…Family Procedures Rules 2010 – Practice Direction 7B – Medical Exam…Family Procedures Rules 2010 – Practice Direction 9A – Application …Family Procedures Rules 2010 – Practice Direction 12B – The Revised…Family Procedures Rules 2010 – Practice Direction 14B – The First D…Family Procedures Rules 2010 – Practice Direction 27A – Family Proc…Family Procedures Rules 2010 – Practice Direction 34A – Reciprocal …Family Procedures Rules 2010 – Practice Direction 36A – Transitiona…

Framework For Assessments – CHILDREN IN NEED & THEIR FAMILIES

The assessment framework, practice guidance, questionnaires and scales, assessment recording forms

Document type:     Guidance

Author:         Department of Health

Published date:     15 June 2000

Primary audience:     Professionals

Product number:     ISBN 0113224257

Gateway reference:     2000

Pages:             4

Copyright holder:     Crown

The development of the Framework for the Assessment of Children in Need and their Families (jointly issued by the Department of Health, the Department for Education and Employment and the Home Office, 2000) has drawn heavily, from many disciplines, on the wealth of research and accumulated practice experience about the developmental needs of children. The aim of the practice guidance is to make transparent the evidence base for the Assessment Framework, thereby assisting professionals in their tasks of analysis, judgement and decision making.

The Framework documents are available to download below, and can also be ordered from the Stationery Office.

Contains four items:

(1) ‘Framework for the assessment of children in need and their families’, (ISBN 0 11322 310 2)

(2) ‘Assessing children in need and their families: practice guidance’, (ISBN 0 11322 418 4)

(3) Folder: ‘Framework for the assessment of children in need and their families: the family pack of questionnaires and scales’, contains 50 p publication of same title,  with ‘Strengths and difficulties’ questionnaire check sheet transparency, plus [40] loose pages (ISBN 0 11322 426 5);

(4) Folder: ‘Framework for the assessment of children in need and their families: Referral and initial record information record; Initial assessment record; Core assessment records; Assessment recording forms: guidance notes and glossary’; contains publication: ‘Framework for the assessment of children in need and their families; guidance notes and glossary for: referral and initial information record, initial assessment record and core assessment record’ (ISBN 0 11322 424 9); also contains
1 double-sided sheet, ‘Referral and initial information record’
1 four-page pamphlet, ‘Initial assessment record’ (ISBN 0 11322 437 0)
5 ‘Framework for the assessment of children in need and their families’ core assessment booklets, covering child age ranges: 0-2 years (ISBN 0 11322 419 2), 3-4 years, 5-9 years (ISBN 0 11322 421 4), 10-14 years (ISBN 0 11322 422 2), young person aged 15 years and over (ISBN 0 11322 423 0).

Family Procedure Rules 2010 Part 14 – Adoption, Placement, & Related

Family Procedure Rules 2010 Part 14 – Adoption, Placement, & Related

Contents of this Part
Title Number
Application of this Part and interpretation Rule 14.1
Application for a serial number Rule 14.2
Who the parties are Rule 14.3
Notice of proceedings to person with foreign parental responsibility Rule 14.4
Who is to serve Rule 14.5
What the court or a court officer will do when the application has been issued Rule 14.6
Date for first directions hearing Rule 14.7
The first directions hearing Rule 14.8
Requesting the court to dispense with the consent of any parent or guardian Rule 14.9
Consent Rule 14.10
Reports by the adoption agency or local authority Rule 14.11
Health reports Rule 14.12
Confidential reports to the court and disclosure to the parties Rule 14.13
Communication of information relating to proceedings Rule 14.14
Notice of final hearing Rule 14.15
The final hearing Rule 14.16
Proof of identity of the child Rule 14.17
Disclosing information to an adopted adult Rule 14.18
Translation of documents Rule 14.19
Application for recovery orders Rule 14.20
Inherent jurisdiction and fathers without parental responsibility Rule 14.21
Timing of applications for section 89 order Rule 14.22
Custody of documents Rule 14.23
Documents held by the court not to be inspected or copied without the court’s permission Rule 14.24
Orders Rule 14.25
Copies of orders Rule 14.26
Amendment and revocation of orders Rule 14.27
Keeping registers in the family proceedings court Rule 14.28

Application of this Part and interpretation

14.1

(1) The rules in this Part apply to the following proceedings –

(a) adoption proceedings;

(b) placement proceedings; and

(c) proceedings for –

(i) the making of a contact order under section 26 of the 2002 Act1;

(ii) the variation or revocation of a contact order under section 27 of the 2002 Act;

(iii) an order giving permission to change a child’s surname or remove a child from the United Kingdom under section 28(2) and (3) of the 2002 Act;

(iv) a section 84 order;

(v) a section 88 direction;

(vi) a section 89 order; or

(vii) any other order that may be referred to in a practice direction.

(2) In this Part –

‘Central Authority’ means –

(a) in relation to England, the Secretary of State; and

(b) in relation to Wales, the Welsh Ministers;

‘Convention adoption order’ means an adoption order under the 2002 Act which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 19992 (regulations giving effect to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, concluded at the Hague on 29th May 1993), is made as a Convention adoption order;

‘guardian’ means –

(a) a guardian (other than the guardian of the estate of a child) appointed in accordance with section 5 of the 1989 Act3; and

(b) a special guardian within the meaning of section 14A of the 1989 Act4;

‘provision for contact’ means a contact order under section 8 or 34 of the 1989 Act or a contact order under section 26 of the 2002 Act;

‘section 88 direction”‘ means a direction given by the High Court under section 88 of the 2002 Act that section 67(3) of that Act (status conferred by adoption) does not apply or does not apply to any extent specified in the direction.

Application for a serial number

14.2

(1) This rule applies to any application in proceedings by a person who intends to adopt the child.

(2) If, before the proceedings have started, the applicant requests a court officer to assign a serial number to identify the applicant in connection with the proceedings in order for the applicant’s identity to be kept confidential in those proceedings, a serial number will be so assigned.

(3) The court may at any time direct that a serial number identifying the applicant in the proceedings referred to in paragraph (2) must be removed.

(4) If a serial number has been assigned to a person under paragraph (2) –

(a) the court officer will ensure that any application form or application notice sent in accordance with these rules does not contain information which discloses, or is likely to disclose, the identity of that person to any other party to that application who is not already aware of that person’s identity; and

(b) the proceedings on the application will be conducted with a view to securing that the applicant is not seen by or made known to any party who is not already aware of the applicant’s identity except with the applicant’s consent.

Who the parties are

14.3

(1) In relation to the proceedings set out in column 1 of the following table, column 2 sets out who the application may be made by and column 3 sets out who the respondents to those proceedings will be.

Proceedings for Applicants Respondents
An adoption order (section 46 of the 2002 Act) The prospective adopters (sections 50 and 51 of the 2002 Act)4
  • Each parent who has parental responsibility for the child unless that parent has given notice under section 20(4)(a) of the 2002 Act (statement of wish not to be informed of any application for an adoption order) which has effect;
    any guardian of the child unless that guardian has given notice under section 20(4)(a) of the 2002 Act (statement of wish not to be informed of any application for an adoption order) which has effect;
    any person in whose favour there is provision for contact;
    any adoption agency having parental responsibility for the child under section 25 of the 2002 Act;
    any adoption agency which has taken part at any stage in the arrangements for adoption of the child;
    any local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given;
    any local authority or voluntary organisation which has parental responsibility for, is looking after or is caring for, the child; and
    the child where –

    —  permission has been granted to a parent or guardian to oppose the making of the adoption order (section 47(3) or 47(5) of the 2002 Act);

    —  the child opposes the making of an adoption order;

    —  a children and family reporter recommends that it is in the best interests of the child to be a party to the proceedings and that recommendation is accepted by the court;

    —  the child is already an adopted child;

    —  any party to the proceedings or the child is opposed to the arrangements for allowing any person contact with the child, or a person not being allowed contact with the child after the making of the adoption order;

    —  the application is for a Convention adoption order or a section 84 order;

    —  the child has been brought into the United Kingdom in the circumstances where section 83(1) of the 2002 Act applies (restriction on bringing children in);

    —  the application is for an adoption order other than a Convention adoption order and the prospective adopters intend the child to live in a country or territory outside the British Islands after the making of the adoption order; or

    —  the prospective adopters are relatives of the child

A section 84 order The prospective adopters asking for parental responsibility prior to adoption abroad As for an adoption order
A placement order (section 21 of the 2002 Act) A local authority (section 22 of the 2002 Act)
  • Each parent who has parental responsibility for the child: any guardian of the child;
    any person in whose favour an order under the 1989 Act is in force in relation to the child;
    any adoption agency or voluntary organisation which has parental responsibility for, is looking after, or is caring for, the child;
    the child; and
    the parties or any persons who are or have been parties to proceedings for a care order in respect of the child where those proceedings have led to the application for the placement order
An order varying a placement order (section 23 of the 2002 Act) The joint application of the local authority authorised by the placement order to place the child for adoption and the local authority which is to be substituted for that authority (section 23 of the 2002 Act)
  • The parties to the proceedings leading to the placement order which it is sought to have varied except the child who was the subject of those proceedings; and
    any person in whose favour there is provision for contact
An order revoking a placement order (section 24 of the 2002 Act)
  • The child;
    the local authority authorised to place the child for adoption; or
    where the child is not placed for adoption by the authority, any other person who has the permission of the court to apply (section 24 of the 2002 Act)
  • The parties to the proceedings leading to the placement order which it is sought to have revoked; and
    any person in whose favour there is provision for contact
A contact order (section 26 of the 2002 Act6)
  • The child;
    the adoption agency;
    any parent, guardian or relative;
    any person in whose favour there was provision for contact under the 1989 Act which ceased to have effect on an adoption agency being authorised to place a child for adoption, or placing a child for adoption who is less than six weeks old (section 26(1) of the 2002 Act);
    a person in whose favour there was a residence order in force immediately before the adoption agency was authorised to place the child for adoption or placed the child for adoption at a time when the child was less than six weeks old;
    a person who by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children had care of the child immediately before that time; or
    any person who has the permission of the court to make the application (section 26 of the 2002 Act)
  • The adoption agency authorised to place the child for adoption or which has placed the child for adoption;
    the person with whom the child lives or is to live;
    each parent with parental responsibility for the child;
    any guardian of the child; and the child where –

    —  the adoption agency authorised to place the child for adoption or which has placed the child for adoption or a parent with parental responsibility for the child opposes the making of the contact order under section 26 of the 2002 Act;

    —  the child opposes the making of the contact order under section 26 of the 2002 Act;

    —  existing provision for contact is to be revoked;

    —  relatives of the child do not agree to the arrangements for allowing any person contact with the child, or a person not being allowed contact with the child; or

    —  the child is suffering or is at risk of suffering harm within the meaning of the 1989 Act

An order varying or revoking a contact order (section 27 of the 2002 Act)
  • The child;
    the adoption agency; or
    any person named in the contact order (section 27(1) of the 2002 Act)
  • The parties to the proceedings leading to the contact order which it is sought to have varied or revoked; and
    any person named in the contact order
An order permitting the child’s name to be changed or the removal of the child from the United Kingdom (section 28(2) and (3) of the 2002 Act) Any person including the adoption agency or the local authority authorised to place, or which has placed, the child for adoption (section 28(2) of the 2002 Act)
  • The parties to proceedings leading to any placement order;
    the adoption agency authorised to place the child for adoption or which has placed the child for adoption;
    any prospective adopters with whom the child is living;
    each parent with parental responsibility for the child; and
    any guardian of the child
A section 88 direction
  • The adopted child;
    the adopters;
    any parent; or
    any other person
  • The adopters;
    the parents;
    the adoption agency;
    the local authority to whom notice under section 44 of the 2002 Act (notice of intention to apply for a section 84 order) has been given; and
    the Attorney-General
A section 89 order.
  • The adopters;
    the adopted person;
    any parent;
    the relevant Central Authority;
    the adoption agency;
    the local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given;
    the Secretary of State for the Home Department; or
    any other person
  • The adopters;
    the parents;
    the adoption agency; and
    the local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given.

(2) The court may at any time direct that a child, who is not already a respondent to proceedings, be made a respondent to proceedings where –

(a) the child –

(i) wishes to make an application; or

(ii) has evidence to give to the court or a legal submission to make which has not been given or made by any other party; or

(b) there are other special circumstances.

(3) The court may at any time direct that –

(a) any other person or body be made a respondent to proceedings; or

(b) a party be removed.

(4) If the court makes a direction for the addition or removal of a party, it may give consequential directions about –

(a) serving a copy of the application form on any new respondent;

(b) serving relevant documents on the new party; and

(c) the management of the proceedings.

Notice of proceedings to person with foreign parental responsibility

14.4

(1) This rule applies where a child is subject to proceedings to which this Part applies and –

(a) a parent of the child holds or is believed to hold parental responsibility for the child under the law of another State which subsists in accordance with Article 16 of the 1996 Hague Convention following the child becoming habitually resident in a territorial unit of the United Kingdom; and

(b) that parent is not otherwise required to be joined as a respondent under rule 14.3.

(2) The applicant shall give notice of the proceedings to any parent to whom the applicant believes paragraph (1) applies in any case in which a person who was a parent with parental responsibility under the 1989 Act would be a respondent to the proceedings in accordance with rule 14.3.

(3) The applicant and every respondent to the proceedings shall provide such details as they possess as to the identity and whereabouts of any parent they believe to hold parental responsibility for the child in accordance with paragraph (1) to the court officer, upon making, or responding to the application as appropriate.

(4) Where the existence of such a parent only becomes apparent to a party at a later date during the proceedings, that party must notify the court officer of those details at the earliest opportunity.

(5) Where a parent to whom paragraph (1) applies receives notice of proceedings, that parent may apply to the court to be joined as a party using the Part 18 procedure.

Who is to serve

14.5

(1) The general rules about service in Part 6 are subject to this rule.

(2) In proceedings to which this Part applies, a document which has been issued or prepared by a court officer will be served by the court officer except where –

(a) a practice direction provides otherwise; or

(b) the court directs otherwise.

(3) Where a court officer is to serve a document, it is for the court to decide which of the methods of service specified in rule 6.23 is to be used.

What the court or a court officer will do when the application has been issued

14.6

(1) As soon as practicable after the application has been issued in proceedings –

(a) the court will –

(i) if section 48(1) of the 2002 Act (restrictions on making adoption orders) applies, consider whether it is proper to hear the application;

(ii) subject to paragraph (4), set a date for the first directions hearing;

(iii) appoint a children’s guardian in accordance with rule 16.3(1);

(iv) appoint a reporting officer in accordance with rule 16.30;

(v) consider whether a report relating to the welfare of the child is required, and if so, request such a report in accordance with rule 16.33;

(vi) set a date for the hearing of the application; and

(vii) do anything else that may be set out in a practice direction; and

(b) a court officer will –

(i) subject to receiving confirmation in accordance with paragraph (2)(b)(ii), give notice of any directions hearing set by the court to the parties and to any children’s guardian, reporting officer or children and family reporter;

(ii) serve a copy of the application form (but, subject to sub-paragraphs (iii) and (iv), not the documents attached to it) on the persons referred to in Practice Direction 14A;

(iii) send a copy of the certified copy of the entry in the register of live-births or Adopted Children Register and any health report attached to an application for an adoption order to –

(aa) any children’s guardian, reporting officer or children and family reporter; and

(bb) the local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given;

(iv) if notice under rule 14.9(2) has been given (request to dispense with consent of parent or guardian), in accordance with that rule inform the parent or guardian of the request and send a copy of the statement of facts to –

(aa) the parent or guardian;

(bb) any children’s guardian, reporting officer or children and family reporter;

(cc) any local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given; and

(dd) any adoption agency which has placed the child for adoption; and

(v) do anything else that may be set out in a practice direction.

(2) In addition to the matters referred to in paragraph (1), as soon as practicable after an application for an adoption order or a section 84 order has been issued the court or the court officer will –

(a) where the child is not placed for adoption by an adoption agency –

(i) ask either the Service or the Assembly to file any relevant form of consent to an adoption order or a section 84 order; and

(ii) ask the local authority to prepare a report on the suitability of the prospective adopters if one has not already been prepared; and

(b) where the child is placed for adoption by an adoption agency, ask the adoption agency to –

(i) file any relevant form of consent to –

(aa) the child being placed for adoption;

(bb) an adoption order;

(cc) a future adoption order under section 20 of the 2002 Act; or

(dd) a section 84 order;

(ii) confirm whether a statement has been made under section 20(4)(a) of the 2002 Act (statement of wish not to be informed of any application for an adoption order) and if so, to file that statement;

(iii) file any statement made under section 20(4)(b) of the 2002 Act (withdrawal of wish not to be informed of any application for an adoption order) as soon as it is received by the adoption agency; and

(iv) prepare a report on the suitability of the prospective adopters if one has not already been prepared.

(3) In addition to the matters referred to in paragraph (1), as soon as practicable after an application for a placement order has been issued –

(a) the court will consider whether a report giving the local authority’s reasons for placing the child for adoption is required, and if so, will direct the local authority to prepare such a report; and

(b) the court or the court officer will ask either the Service or the Assembly to file any form of consent to the child being placed for adoption.

(4) Where it considers it appropriate the court may, instead of setting a date for a first directions hearing, give the directions provided for by rule 14.8.

Date for first directions hearing

14.7

Unless the court directs otherwise, the first directions hearing must be within 4 weeks beginning with the date on which the application is issued.

The first directions hearing

14.8

(1) At the first directions hearing in the proceedings the court will –

(a) fix a timetable for the filing of –

(i) any report relating to the suitability of the applicants to adopt a child;

(ii) any report from the local authority;

(iii) any report from a children’s guardian, reporting officer or children and family reporter;

(iv) if a statement of facts has been filed, any amended statement of facts;

(v) any other evidence, and

(vi) give directions relating to the reports and other evidence;

(b) consider whether the child or any other person should be a party to the proceedings and, if so, give directions in accordance with rule 14.3(2) or (3) joining that child or person as a party;

(c) give directions relating to the appointment of a litigation friend for any protected party or child who is a party to, but not the subject of, proceedings unless a litigation friend has already been appointed;

(d) consider whether the case needs to be transferred to another court and, if so, give directions to transfer the proceedings to another court in accordance with any c made by the Lord Chancellor under Part 1 of Schedule 11 to the 1989 Act;

Domestic Violence, Crime and Victims (Amendment) Act 2012

http://www.legislation.gov.uk/ukpga/2012/4/contents/enacted

The Pension Protection Fund and Occupational Pension Schemes (Levy Ceiling and Compensation Cap) Order 2012

http://www.familylaw.co.uk/system/uploads/attachments/0004/0851/uksi_20120528_en.pdf

COURT REQUEST INFORMATION FROM THE HOME OFFICE

http://www.familylaw.co.uk/system/uploads/attachments/0004/0849/Court_request_for_information_form.pdf

COMMUNICATING WITH THE HOME OFFICE IN FAMILY PROCEEDINGS ..

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COMMUNICATING WITH THE HOME OFFICE IN FAMILY PROCEEDINGS

http://www.familylaw.co.uk/system/uploads/attachments/0004/0847/Com…

FAMILY JUSTICE COUNCIL NON MOLESTATION ORDERS

http://www.familylaw.co.uk/system/uploads/attachments/0003/9821/10_In_Practice_fjc_domestic_abuse_committee_protocol_for_process_servers.pdf

http://www.familylaw.co.uk/system/uploads/attachments/0003/8685/FJC_Guidelines_in_relation_children_giving_evidence_in_family_proceedings_Dec_20 FJC

http://www.familylaw.co.uk/system/uploads/attachments/0003/8685/FJC_Guidelines_in_relation_children_giving_evidence_in_family_proceedings_Dec_20

FJC Instruction of medical experts from overseas

PRACTICE GUIDELINES FOR USING SOCIAL MEDIA

  • Jan. 12th, 2012 at 5:40 PM

http://www.lawsociety.org.uk/productsandservices/practicenotes/socialmedia/5049.article

IRISH FAMILY LAWS GUIDELINES IRISH REPUBLIC IRISH FAMILY LAWS Property (Ireland) Act 1865: permitted a wife to sue her husband in tort if separat

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IRISH FAMILY LAWS GUIDELINES IRISH REPUBLIC

IRISH FAMILY LAWS

Property (Ireland) Act 1865: permitted a wife to sue her husband in tort if separated or deserted.

  

Partition Acts 1868 and 1876: allowed courts to divide up property between spouses.

  

Matrimonial Causes and Marriage Law (Ireland) (Amendment) Act 1870: brought civil nullity rules in line with Church rules.

  

Married Women’s Property Act 1882: allowed married women to hold property in their own name. Replaced by:

  

Married Women’s Status Act 1957: made wives liable for their own debts and breaches of duty. Allowed courts to decide property disputes between spouses.

  

Guardianship of Infants Act 1964: gave parents the right to joint guardianship of their children and allowed courts to make decisions on custody and access.

  

Succession Act 1965: reformed the law relating to the estates of people who had died, especially the administration and distribution of property where there is no will. Specified the shares of spouses and children on intestacy.

  

Marriages Act 1972: raised the minimum marriage age to 16 for boys and girls, retrospectively validated so-called “Lourdes marriages”.

  

Maintenance Orders Act 1974: allowed the reciprocal enforcement of maintenance orders between the Republic of Ireland, Northern Ireland, England and Wales and Scotland.

  

Family Law (Maintenance of Spouses and Children) Act 1976: provided for periodical payments by one spouse to another in cases of failure to provide reasonable maintenance, with deductions of earnings at source and barring orders.

  

Family Home Protection Act 1976: protected family home and required prior written consent of both spouses for sale of family home or chattels.

  

Courts Act 1981: widened the jurisdiction in family law matters.

  

Family Law Act 1981: abolished actions for enticement of spouse and breach of promise to marry. Allowed courts to decide disputes over gifts after broken engagements.

  

Family Law (Protection of Spouses and Children) Act 1981: gave the Circuit and District Courts power to grant barring and protection orders. (Repealed by Domestic Violence Act 1996)

Domicile and Recognition of Foreign Divorces Act 1986: confirmed independent domiciles of wives, recognised divorces granted where either spouse was domiciled.

Status of Children Act 1987: abolished status of illegitimacy and amended law on maintenance and succession for non-marital children. Allowed unmarried fathers to apply for guardianship of their children. Provided for blood tests to establish paternity.

Family Law Act 1988: abolished actions for the restitution of conjugal rights.

Children Act 1989: gave health boards powers to care for children.

Judicial Separation and Family Law Reform Act 1989: amended the grounds for judicial separation, assisted reconciliation between estranged spouses and provided for ancillary orders such as maintenance, property adjustment and custody of children.

Child Care Act 1991: gave powers to health boards to care for children who were ill-treated, neglected or sexually abused.

Child Abduction and Enforcement of Custody Orders Act 1991: dealt with wrongful retention of children. Implemented the Hague Convention 1980 and the Luxembourg Convention 1980.

Maintenance Act 1994: simplified procedures for recovering maintenance debts from other countries.

Family Law Act 1995: raised the minimum age for marriage to 18 and required 3 months’ written notice to local registrar, abolished petitions for jactitation of marriage (falsely claiming to be married to someone), provided for declarations of marital status, and ancillary orders after judicial separation or foreign divorce.

Domestic Violence Act 1996: extended safety, barring and protection orders to non-spouses, gave health boards powers to apply for orders, allowed arrest without warrant for breach.

Family Law (Divorce) Act 1996: allowed divorce and remarriage, with all ancillary orders.

Children Act 1997: recognised natural fathers as guardians, allowed children’s views to be considered in guardianship, access and custody matters, allowed parents to have joint custody.

Family Law (Miscellaneous Provisions) Act 1997: amended the law in relation to notification of intention to marry, barring orders, powers of attorney and distribution of disclaimed estates.

European Council Regulation 1347/2000: allowed – subject to certain conditions – the mutual recognition in all EU Member States (except Denmark) of court orders relating to divorce, legal separation, nullity or child custody.

Children Act 2001: authorised courts to order health boards to convene a family welfare conference where a child requires special care or protection. The health board can apply for a care order or supervision order if necessary.

Domestic Violence (Amendment) Act 2002: amended the Domestic Violence Act to provide eight day limit for ex parte interim barring orders, changed grounds on which ex parte orders could be granted.

PRACTICE GUIDELINES TWEETING FROM COURT

http://www.judiciary.gov.uk/NR/rdonlyres/A5D39665-E7D8-491D-BC33-4CACF8724D95/0/ltbcguidancedec2011.pdf

Intestacy and Family Provision Claims on Death

Publication date: 14 December 2011

Intestacy
When a person dies “intestate”, that is without leaving a valid will disposing of the whole of his or her property, the distribution of any money and other assets (the deceased’s “estate”) among surviving family members is governed by a set of legal rules known as the intestacy rules.

Family provision
Whether or not the deceased left a will, certain family members and dependants may apply to court for reasonable financial provision from the estate, under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”). This is often referred to as a claim for family provision.

Our recommendations
Our final report was published on 14 December 2011.  It sets out and explains our recommendations for reform of the law and presents two draft Bills to implement the necessary changes.

The draft Inheritance and Trustees’ Powers Bill includes reforms that would:

  • ensure that where a couple are married or in a civil partnership, assets pass on intestacy to the surviving spouse in all cases where there are no children or other descendants;
  • simplify the sharing of assets on intestacy where the deceased was survived by a spouse and children or other descendants;
  • protect children who suffer the death of a parent from the risk of losing an inheritance from that parent in the event that they are adopted after the death;
  • amend the legal rules which currently disadvantage unmarried fathers when a child dies intestate;
  • remove arbitrary obstacles to family provision claims by dependants of the deceased and anyone treated by the deceased as a child of his or her family outside the context of a marriage or civil partnership;
  • permit a claim for family provision in certain circumstances where the deceased died “domiciled” outside of England and Wales but left property and family members or dependants here; and
  • reform trustees’ statutory powers to use income and capital for the benefit of trust beneficiaries (subject to any express provisions in the trust instrument).

The draft Inheritance (Cohabitants) Bill contains further provisions that would give certain unmarried partners who have lived together for five years the right to inherit on each other’s death under the intestacy rules. Where the couple have a child together, this entitlement would accrue after two years’ cohabitation, provided the child was living with the couple when the deceased died.

This report concludes our work on Intestacy and Family Provision Claims on Death.

Reference number: LC331

THE CHILD SUPPORT MAINTENANCE CALCULATION REGULATIONS 2011

http://www.childmaintenance.org/en/pdf/Maintenance-Calculation-Regulations-2012-Technical-Consultation.pdf

Changes to Code of Conduct proposed in respect of public access instructions from clients eligibility

http://www.barstandardsboard.org.uk/assets/documents/public%20access%20rules%20consultation%20011211.pdf

The Proceeds of Crime Act 2002 in Financial Remedy Proceedings Part 2.

http://www.familylawweek.co.uk/site.aspx?i=ed89841

FORCED MARRIAGE LEGISLATION SCOTLAND

http://www.scotland.gov.uk/Topics/People/Equality/violence-women/forcedmarriage/Resources

Revised guidance on communicating with the Home Office

 

http://www.familylaw.co.uk/system/uploads/attachments/0003/5413/family-pd-communicating-with-home-office-family-proceedings.pdf

Practice Direction 10A of the Court of Protection Rules 2007 – Deprivation of Liberty Applications review

http://www.familylaw.co.uk/system/uploads/attachments/0003/5445/10aCOP.pdf

Practice Direction 19A of the Court of Protection Rules 2007 – Costs

http://www.familylaw.co.uk/system/uploads/attachments/0003/5443/19aCOP.pdf

PRACTICE DIRECTIONS ADMISSIONS EVIDENCE AND DEPOSITION’S

http://www.familylaw.co.uk/system/uploads/attachments/0003/5447/14bCOP.pdf

LEGAL AID SENTENCING AND PUNISHMENT OF OFFENDERS BILL

http://www.familylaw.co.uk/system/uploads/attachments/0002/7163/2012205.pdf

The Children and Young Persons Act 2008 (Commencement No.4) (England)

http://www.familylaw.co.uk/system/uploads/attachments/0003/5353/SI_2011_2703.pdf

REGISTRATION OF BIRTHS DEATHS MARRIAGES ETC ENGLAND WALES CIVIL PARTNERSHIPS ENGLAND AND WALES

http://www.familylaw.co.uk/system/uploads/attachments/0003/5351/SI_2011_2661.pdf

A Guide to bringing a case to The Supreme Court
1.1 This guide sets out some information to help you decide whether The Supreme Court can help you. The Supreme Court is an appeal court. This means that it only deals with appeals from
In England and Wales

The Court of Appeal, Civil Division

The Court of Appeal, Criminal Division (in some limited casesz) the High Court In Scotland

The Court of Session In Northern Ireland

The Court of Appeal in Northern Ireland (in some limited cases) the High Court

1.2 Unless one of these Courts has made an order affecting you, you will NOT be able to take your case to The Supreme Court. AND not all orders made by these Courts can be appealed to The Supreme Court.
What is The Supreme Court?
1.3 The Supreme Court of the United Kingdom was established by Part 3 of the Constitutional Reform Act 2005 and came into being on 1 October 2009. It replaces the House of Lords in its judicial capacity and has assumed the jurisdiction of the House of Lords under the Appellate Jurisdiction Acts 1876 and 1888. The Supreme Court also has jurisdiction in relation to devolution rnatterss under the Scotland Act 1998, the Northern Ireland Act 1988 and the Government of Wales Act 2006; this was transferred to The Supreme Court from the Judicial Committee of the Privy Council.
Do I have a right of appeal?
1.4 The right of appeal to the Supreme Court is regulated by statute and is subject to several statutory restrictions. The relevant statutes for civil appeals are:

–  the Administration of Justice (Appeals) Act 1934 the Administration of Justice Act 1960

–  the Administration of Justice Act 1969

–  the Judicature (Northern Ireland) Act 1978 the Court of Session Act 1988

–  the Access to Justice Act 1999.

The Human Rights Act 1998 applies to The Supreme Court in its judicial capacity. But that Act does not confer any general right of appeal to The Supreme Court, or any right of appeal over and above any right of appeal which was provided for in Acts passed before the coming into force of the Human Rights Act 1998.
Appeals from the Court of Appeal in England & Wales and the Court of Appeal in Northern Ireland
1.5 An appeal to The Supreme Court from any order or judgment of the Court of Appeal in England and Wales or in Northern Ireland may only be brought with the permission of the Court of Appeal or of The Supreme Courts.
1.6 An application for permission to appeal must be made first to the Court of Appeal. If that Court refuses permission, an application may be made to The Supreme Court. An application is made by filing an application for permission to appeal.
Appeals from the Court of Session in Scotland
1.7 An appeal lies to the Court from any order or judgment of a court in Scotland if an appeal lay from that court to the House of Lords at or immediately before 1 October 2009.
1.8 As a general rule, permission to appeal is not required from an interlocutor of the Inner House of the Court of Session on the whole merits of the causes, The appeal must be filed within 42 days of the date of the interlocutor appealed from; and the notice of appeal must be signed by two Scottish counsel who must also certify that the appeal is reasonable.
1.9 As a general rule, permission to appeal is not required from an interlocutory judgment of the Court of Session where there is a difference of opinion among the judges or where the interlocutory judgment is one sustaining a dilatory defence and dismissing the actions. The appeal must be filed within 42 days of the date of the interlocutor appealed from; and the notice of appeal must be signed by two Scottish counsel who must also certify that the appeal is reasonable.
1.10 Permission to appeal is required for an appeal to The Supreme Court against any interlocutory judgment of the Court of Session that does not fall within para. 1.9, and only the Inner House of the Court of Session may grant permission to appeal. A refusal by the Court of Session to grant permission to appeal is final and no appeal may then be made to The Supreme Court.
1.11 Permission to appeal from the Court of Session is also required for an appeal to The Supreme Court under the provisions of certain Acts of Parliament, and permission may be granted either by the Court of Session or, if refused by the Court of Session, by The Supreme Court. When permission to appeal is granted where para.1.1 0 or this paragraph applies, it is not necessary for two Scottish counsel to certify that the appeal is reasonable.
Appeals from the High Court in England & Wales and the High Court in Northern Ireland: leapfrog appeals
1.12 In certain cases, and subject to certain conditions, an appeal lies direct to The Supreme Court from the High Court in England and Wales or in Northern Ireland. Under sections 12 to 16 of the Administration of Justice Act 1969, appeals in civil matters may exceptionally be permitted to be made direct to The Supreme Court from

(i) the High Court in England and Wales

(ii) a Divisional Court in England and Wales and

(iii) the High Court of Northern Ireland.

These appeals are generally called leapfrog appeals.
1.12.1 A certificate of the High Court must first be obtained and then the permission of The Supreme Court must be applied for and given before the appeal may proceed. No application may be made to The Supreme Court without the certificate of the High Court.
1.12.2 A leapfrog appeal is only permitted if
(i) the judge in the High Court certifies (immediately after judgment or on an application within 14 days) that the “relevant conditions” are satisfied, that a sufficient case has been made out to justify an application for permission to appeal to The Supreme Court, and that all parties consent;
(ii) The Supreme Court (on an application made within one month) gives permission for the appeal, and
(iii) it is not a case of contempt of court or one in which an appeal to the Court of Appeal (or the Court of Appeal of Northern Ireland) (a) would not have lain even with permission or (b) would not have had permission granted for it.
1.12.3 The “relevant conditions” (which are set out in section 12(3) of the Administration of Justice Act 1969) are that a point of general public importance is involved and that it either:
“(a) relates wholly or mainly to the construction of an enactment or of a statutory instrument, and has been fully argued in the proceedings and fully considered in the judgment of the judge in the proceedings, or
(b) is one in respect of which the judge is bound by a decision of the Court of Appeal or of The Supreme Court in previous proceedings, and was fully considered in the judgments given by the Court of Appeal or The Supreme Court (as the case may be) in those previous proceedings.”
(In the case of leapfrog appeals from Northern Ireland the references in this paragraph to the Court of Appeal must be read as references to the Court of Appeal of Northern Ireland.)
Judicial review: civil matters
1.13 An application for permission to apply for judicial review is made to the Administrative Court (which is part of the Queen’s Bench Division of the High Court). If the judge in the Administrative Court refuses the application without a hearing, an application can be made for his decision to be reconsidered at a hearing. Where permission to apply for judicial review has been refused by the Administrative Court after consideration on paper and after reconsideration at an oral hearing, the applicant may apply to appeal against the refusal of permission. An application must be filed in the Court of Appeal within 7 days. For an appeal to be successful, the applicant needs to be granted both i) permission to appeal against the Administrative Court’s determination; and ii) permission to apply for judicial review.
1.14 If the Court of Appeal refuses to grant permission to appeal against the decision of the Administrative Court to refuse permission to apply for judicial review, there is no further right of appeal to The Supreme Court. The Supreme Court has no jurisdiction to issue such an appeal.But if the Court of Appeal (a) grants permission to appeal against the Administrative Court’s refusal of permission to apply for judicial review, but then (b) itself refuses permission to apply for judicial review, The Supreme Court does have jurisdiction.
Civil contempt of court cases
1.15 In cases involving civil contempt of court, an appeal may be brought under section 13 of the Administration of Justice Act 1960. Permission to appeal is required and an application for permission must first be made to the court which heard the original case. If that application is refused, an application for permission may then be made to The Supreme Court. Where the decision of the court below is a decision on appeal under the same section of the same Act, permission to appeal to The Supreme Court is only granted if the court below certifies that a point of law of general public importance is involved in that decision and if it appears to that court or to The Supreme Court that the point is one that ought to be considered by The Supreme Court. Where the court below refuses to grant the certificate required, an application for permission may not then be made to The Supreme Court.
What are the restrictions on a right of appeal?
1.16 Permission to appeal to The Supreme Court is subject to a number of statutory restrictions.
–  The most important general restriction on rights of appeal is section 54(4) of the Access to Justice Act 1999. This provision means that The Supreme Court may NOT entertain any appeal against an order of the Court of Appeal refusing permission to bring an appeal to the Court of Appeal from a lower court. In other words, where the Court of Appeal refuses to give permission for a party to appeal to the Court of Appeal, then that decision cannot be challenged in The Supreme Court.
1.16.1 Other restrictions relate to
–  applications brought by a person in respect of whom the High Court has made an order under section 42 of The Supreme Court Act 1981 (restriction of vexatious legal proceedings);
–  applications brought from a decision of the Court of Appeal on an appeal from a county court in probate proceedings;
–  applications brought from a decision of the Court of Appeal on an appeal from a decision of the High Court on a question of law under Part III of the Representation of the People Act 1983 (legal proceedings);
–  applications for permission to appeal against the refusal by the Court of Appeal under CPR 52.17 (the ‘Taylor v Lawrence’ jurisdiction) to reopen an appeal or application for permission to appeal.
1.16.2 Where one of these restrictions applies, the Registrar will inform the applicant in writing that The Supreme Court has no jurisdiction. The European Court of Human Rights accepts this letter as setting out the jurisdiction of The Supreme Court in the litigation, for the purpose of determining whether the applicant has satisfied the requirement, laid down by Article 35 of the European Convention on Human Rights, that all domestic remedies must be exhausted before an appeal can be made to the Strasbourg Court.
Criminal Appeals
1.17 Appeals to The Supreme Court in criminal proceedings in England and Wales or Northern Ireland are subject to special restrictions limiting such appeals to exceptional cases of general public importance. There is no appeal in criminal proceedings from the High Court of Justiciary or any other court in Scotland, but issues relating to criminal proceedings in Scotland may come before The Supreme Court as devolution issues under the Scotland Act 1998. See paragraph 1.18.
England and Wales (except Courts-martial)
1.17.1 Appeals to The Supreme Court in criminal proceedings in England and Wales are regulated by sections 33 and 34 of the Criminal Appeal Act 1968 and sections 1 and 2 of the Administration of Justice Act 1960. All such appeals may be made at the instance of the accused or the prosecutor. Section 13 of the Administration of Justice Act 1960 extends the scope of sections 1 and 2, with some qualifications, to appeals relating to contempt of court (civil or criminal). Sections 36 to 38 of the Criminal Appeal Act 1968 contain ancillary provisions about bail, detention and attendance at appeal hearings.
1.17.2 Any appeal under these provisions requires the permission of the court below or The Supreme Court, which may be granted (except for a first appeal in a contempt of court matter) only if (i) the court below certifies that a point of general public importance is involved and (ii) it appears to the court below or to The Supreme Court that the point is one which ought to be considered by The Supreme Court.
1.17.3 Section 36 of the Criminal Justice Act 1972 permits the Court of Appeal to refer a point of law to The Supreme Court where (after an acquittal) the Attorney-General has referred the point of law to the Court of Appeal.
Northern Ireland
1.17.4 Similar provisions apply to appeals in criminal proceedings in Northern Ireland: see sections 31 and 32 of the Criminal Appeal (Northern Ireland) Act 1980 and section 41 of and Schedule 1 to the Judicature (Northern Ireland) Act 1978.
Courts-Martial
1.17.5 Similar provisions apply to appeals from the Courts-Martial Appeal Court: see sections 39 and 40 of the Courts-Martial (Appeals) Act 1968.
Devolution issues
1.18 Devolution issues raise issues of constitutional importance as to the exercise of a function by a member of the Scottish Executive, a Minister in Northern Ireland or a Northern Ireland department or by the Welsh Ministers or as to the legislative competence of the Scottish Parliament under the Scotland Act 1998, the Northern Ireland Assembly under the Northern Ireland Act 1998, and the Welsh Assembly under the Government of Wales Act 2006. Under these Acts, The Supreme Court has both appellate jurisdiction and special statutory powers to consider referred questions, including questions referred by the relevant law officer or Ministers.

PRACTICE DIRECTIONS 34C APPLICATIONS FOR RECOGNITION AND ENFORCEMENT TO OR FROM THE EUROPEAN UNION AND STATES

http://www.familylaw.co.uk/system/uploads/attachments/0003/5097/Practice_Direction_34C.pdf

The Family Procedure (Amendment) Rules 2014

The Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011

http://www.legislation.gov.uk/uksi/2011/2661/contents/made

Changes to Family Procedure Rules laid before Parliament Ministy of Justice

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Changes to Family Procedure Rules laid before Parliament

Ministy of Justice Logo
As you may be aware, the Family Justice Review made a number of recommendations to improve the use of experts in family proceedings.
The intention is to make changes to ensure expert evidence is used only where it is necessary, in the opinion of the court, to assist the court in resolve the proceedings. Changes are also intended to address the culture identified by the Review of over-use of expert reports in care proceedings, even when they add little value.
As part of this process of change, the Family Procedure Rule Committee (FPRC) has developed a number of amendments to Part 25 of the Family Procedure Rules (FPR), which deal with experts and assessors. The Family Procedure Rules govern the procedures used in family courts in England and Wales.
Today the amendments to these rules were laid before Parliament and they will be available shortly on the legislation website . The rules insert a new Part 25 (Experts and Assessors) into the Family Procedure Rules 2010.
The changes to the existing Part 25 include the following:
  • a change to the test for permission to put expert evidence before the court from ‘reasonably required’ to ‘necessary’. In proceedings relating to children, the new test also applies to permission to instruct an expert and for a child to be examined or assessed to obtain expert evidence for use in the proceedings;
  • the inclusion of specific factors which the court should consider when deciding whether to give permission for expert evidence, including the impact on the timetable and conduct of the proceeding and the cost. Additional factors are included for proceedings relating to children. These include what other expert evidence is available (including any obtained before the start of proceedings) and whether the evidence could be obtained from another source such as one of the parties;
  • in proceedings relating to children, an application for permission to instruct an expert should state the questions which the expert is required to answer which the court needs to approve.
The rules will come into force on 31 January 2013 and will apply to existing proceedings as well as proceedings started after that date. New Practice Directions (which provide supplementary guidance to support the FPR) will also take effect on 31 January 2013.
Once in force, the rules and Practice Directions will be available on the Family Procedure Rules section of the Ministry of Justice website.
This is a first step in a comprehensive programme to tackle the current delays in care proceedings which are unacceptable and not in children’s interests.
The Government’s proposed family justice legislation, which includes provisions on expert evidence, will, if passed, eventually supersede parts of the amended FPR. This Bill is currently undergoing pre-legislative scrutiny. We will keep you updated with progress.

PRACTICE DIRECTION 34C APPLICATION FOR RECOGNITION AND ENFORCEMENT TO OR FROM EUROPEAN UNION MEMBER STATES

Civil, Criminal and Family (adoption) procedure rules and their related practice directions.

Procedure rules

Civil, Criminal and Family (adoption) procedure rules and their related practice directions.

parental separation

…advice 22 – Mediation 24 – In-court conciliation 26 – Family Resolutions Pilot Project 27 – Changing…on.Centre ”for Research on Family Kinship and Childhood, University of…Childhood, University of Leeds, and Family Resolutions Pilot Project video. Parental…

…/news/docs/parentalseparation.pdf –  16 Jan 05

LSRC – Research Publications

…Services Research Centre (2009) Civil Law, Social Problems and Mental Health…1998) Legal Aid and the Family Justice System, London: Legal Aid…Study of Defendants in Magistrates’ Court

…/publications/research-and-analysis/lsrc/research-publications.htm –  14 Oct 11

Government Response to Justice Committee’s Third Report of Session 2010/11

…vulnerable clients 16 Scope: private law children and family cases 17 Domestic violence as…is by spiralling costs, slow court procedures, unnecessary litigation, all of…including an independent review of family justice, measures to streamline civil…

…/downloads/consultations/response-to-justice-select-comm-report-legal-aid.pdf –  21 Jun 11

Notes to Accompany February 2001 22nd Supplement – Ministry of Justice

…Appellant on bail by the Court of Appeal) …4)(b), (5) and (6) (Family Law Reform Act 1969) …in former Schedule of Costs Forms but now reproduced in Forms section …

…/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/frontmatter/Notes22.htm –  06 Apr 11

Court experience of adults with mental health conditions, learning disabilities and limited mental capacity. Report 4: After Court

…study: Newcastle-upon-Tyne Combined Court, Gateshead Magistrates’ Court, Stratford Magistrates’ Court, The Central Criminal Court and Lambeth County Court. The authors BMRB is the…Director of the School of Law and Professor of Socio-Legal…to participants in civil and family cases. Report 1 outlines the…

…/downloads/publications/research-and-analysis/moj-research/court-experience-adults-4.pdf –  12 Jul 10

PART 10A

…DoL procedure are: special DoL court forms ensure that DoL court papers stand out as such…the parties’ legal representatives – any family members or others who are…give advice on matters of law. Please do not contact the…

…/downloads/guidance/courts-and-tribunals/courts/court-of-protection/DOL-PD-proposedfinalsignaturedraft-270209-1.doc –  27 Feb 09

PRACTICE DIRECTION 12B – THE REVISED PRIVATE LAW PROGRAMME – Ministry of Justice

…and practice associated with private family law. …several legislative changes affecting private family law. The Allocation and Transfer of…of cases from the County Court to the Family Proceedings Court (FPC). Sections 1 to 5…

…/guidance/courts-and-tribunals/courts/procedure-rules/family/practice_directions/pd_part_12b.htm –  17 Jun 11

flainstructionschildren

…OFFICIAL SOLICITOR IN PART IV FAMILY LAW ACT 1996 PROCEEDINGS (CHILDREN) TABLE…under Part IV of the Family Law Act 1996 where I am…application brought under Part IV Family Law Act 1996 must proceed by…

…/downloads/guidance/protecting-the-vulnerable/official-solicitor/childrens-cases/flainstructionschildren.doc –  08 Apr 10

flainstructions

…IN PROCEEDINGS UNDER PART IV FAMILY LAW ACT 1996 (ADULT) TABLE OF…under Part IV of the Family Law Act 1996 where I am…the other party and the court are made aware of this…

…/downloads/guidance/protecting-the-vulnerable/official-solicitor/childrens-cases/flainstructions.doc –  08 Apr 10

Court Statistics Quarterly April to June 2011

…Commentary 9 County courts (non-family) 9 Family matters 14 Magistrates’ courts 18…county courts or in the Family Division of the High Court. Family courts deal with matters such…other periods. County courts (non-family) Civil (non family) cases in the county courts

…/downloads/publications/statistics-and-data/courts-and-sentencing/court-stats-quarterly-q2-2011.pdf –  28 Se

ADOPTION REGISTER

Appealing joint lives orders: what not to do

http://www.familylawweek.co.uk/site.aspx?i=ed86744

Family Mediation Information and Assessment Form FM1 – Attach to PD 3A

http://www.familylaw.co.uk/system/uploads/attachments/0006/1603/FM1…

ADOPTION AND SPECIAL GUARDIANSHIP SPECIAL DATA PACK

http://www.wwwparentsagainstinjusticeorguk.com/2013/03/adoption-and-special-guardianship-data.html

GUIDANCE FOR CASES USING THE OFFICIAL SOLICITOR

http://www.familylaw.co.uk/system/uploads/attachments/0001/4515/Guidance_in_cases_involving_the_Official_Solicitor_-_December_2010.pdf

FULL PRACTICE GUIDELINES ALL FAMILY LAW

http://www.familylaw.co.uk/categories/practice-guidance

GUIDANCE FOR OUT OF HOURS FAMILY COURT HEARINGS

http://www.familylaw.co.uk/system/uploads/attachments/0001/3397/President_s_Guidance_Out_of_Hours_hearings.pdf

GUIDANCE NOTE TO FAMILY PROCEEDINGS ISSUED BY THE COURT JUSTICES WITH APPROVAL OF THE CLERKS SOCIETY PRESIDENT OF THE FAMILY DIVISION AND THE FAMILY PROCEDURE RULES COMMITTEE

http://www.familylaw.co.uk/system/uploads/attachments/0002/9519/Guidance_Note_to_Family_Proceedings_Courts_New_Rules_JCS_July_2011.pdf

GUIDANCE ON DISCLOSING INFORMATION ABOUT FAMILY PROCEEDINGS INVOLVING CHILDREN WHICH ARE HEARD IN PRIVATE

http://www.mensaid.com/documents/fl/ex710.pdf

Guidance on fees and funding Legal Services Commission Guidance on fees and funding

Guidance on fees and funding Legal Services Commission

Guidance on fees and funding

Family Fees from May 2011On 9 May 2011 new fee schemes will be introduced for family work – the Private Family Law Representation Scheme and the Family Advocacy Scheme. The guidance in relation to both these schemes together with the Advocates’ Attendance Form that will be used for advocates at hearings and Questions and Answers on the new schemes can be found in the documents section on the right hand side of this page.

Visit the Unified Contract page for the new Family Specification and Payment Annex. Copies of the new forms that will be used for claims under the new schemes can also be found on the civil forms page of the website.

Forced marriage guidanceGuidance is available on making applications for funding for forced marriage protection orders.

National Centre for Domestic ViolenceThe National Centre for Domestic Violence (NCDV) is a charitable organisation that helps victims of domestic violence in obtaining emergency injunctions.  We have produced guidance in conjunction with the NCDV which sets out how to work with the NCDV within the terms of the LSC’s Unified Contract.

Decision-making guidance for family casesGuidance on the funding of contact activities, risk assessments and child contact centre fees is in the ‘Narrative and Guidance: public funding’ document.

Appointment of guardians in public law children casesWe are aware that there have recently been delays in the appointment of children’s guardians in public law cases and we have received queries from providers representing children who have been directed by the courts to instruct an independent social worker to undertake the role of the guardian.

We appreciate the current problems with Cafcass resource, however, such work is not a legitimate disbursement under a public funding certificate.  It does not fall within the scope of services in the definition of Legal Representation in the Funding Code, nor is it an expense which would properly be borne by the client if they did not have the benefit of public funding.  The Community Legal Service Fund is, of course, limited and it is the responsibility of Cafcass to provide a children’s guardian in such cases. This does not affect the instruction of an independent social worker as an expert, appointed in accordance with the relevant Practice Direction, when carrying out additional work that does not fall within the functions of Cafcass as set out in section 12 of the Criminal Justice and Court Services Act 2000.

Providers should therefore note that any applications for prior authority for such costs will be refused as will any claim for costs on assessment.  If any providers have been directed by the court to instruct a children’s guardian in this way and there are queries in relation to this please contact Jane Worsey in the Family Policy Team by email or telephone 020 7783 7557.

Mediation guidanceThe document ‘s20.10 Referral to Mediation’ sets out the streamlining of the mediation exemptions that were implemented on 15 November 2010.

The document  ‘Guidance for Completing Mediation Submissions’ offers guidance on reporting work under family mediation contracts.

For details of the Family Mediation Specification and Family Mediation Contract Guidance please see the 2010 Standard Civil Contract page.

Immigration and asylumWe have published an ‘Immigration Funding FAQ document’ to aid providers.

We’ve also produced guidance on the process for submitting an application for a review of a refusal of Controlled Legal Representation.

Narrative and guidance: public fundingThe ‘Narrative and guidance: public funding’ document contains an explanation of public funding. Topics covered include:

  • the statutory charge
  • costs
  • costs orders against funded clients and the LSC
  • prior authorities (including for experts in Children Act cases).

Costs assessment guidance 2010The revised costs assessment guidance applies to work governed by the 2010 Standard Civil Contract.

It does not, however, apply to work in the Family category of law, or to Housing work that continues under the Unified Civil Contract rather than the 2010 Standard Civil Contract. Such work remains governed by the costs assessment guidance issued under the Unified Civil Contract.

There are no changes of substance in the revised guidance. However, the transfer of assessment of remuneration in Licensed Work cases from the courts to the LSC, anticipated in 2010 Standard Civil Contract Specification, has not yet been implemented. The costs assessment guidance, therefore, confirms that the costs limits for assessment by the court or LSC remain as under the previous specification.

LEGAL AID SENTENCING AND PUNISHMENT OF OFFENDERS BILL

http://www.familylaw.co.uk/system/uploads/attachments/0002/7163/2012205.pdf

MAGISTRATES COURTS ENGLAND AND WALES ENFORCEMENT OF VARIATION OF ORDERS MADE IN FAMILY PROCEEDINGS AND MISCELLANEOUS PROVISIONS RULES 2011


http://www.familylaw.co.uk/system/uploads/attachments/0002/6389/uksi_20111329_en.pdf

Forced Marriage (Civil Protection) Act 2007

http://www.legislation.gov.uk/ukpga/2007/20/contents

Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Bill (SP Bill 53)

http://www.scottish.parliament.uk/s3/bills/53-forcedMarriage/index.htm

APPLICATION FOR REVOCATION OF A PLACEMENT ORDER SECTION 24 ADOPTION AND CHILDRENS ACT 2002

http://www.familylaw.co.uk/system/uploads/attachments/0002/0769/A52.pdf

Application for revocation of

a placement order

Section 24 Adoption and

Children Act 2002

http://www.familylaw.co.uk/system/uploads/attachments/0002/0771

ADOPTION AND SPECIAL GUARDIANSHIP DATA PACK

http://www.education.gov.uk/childrenandyoungpeople/families/adoption/a0076713/datapack

ADOPTION GUIDANCE

This section contains information on adoption for practitioners working with children and families. General information about adoption can be found on the Directgov website. Information about intercountry adoption can be found in the intercountry adoption section.

  • Adoption Register

    Information about the Adoption Register for England and Wales along with details of where to find out more.
    General article 06 January 2011

  • Tim Loughton responds to adoption statistics

    Children’s Minister Tim Loughton writes to LAs reflecting on the latest adoption statistics.
    News 18 November 2010

  • Tim Loughton: Ethnicity shouldn’t be a barrier to adoption

    The Children’s Minister calls for local authorities to improve the process for interracial adoption, and announces establishment of a new advisory group on adoption.
    Press notice 02 November 2010

  • Minister calls for reduced delays in adoption process

    Falling adoption numbers see Tim Loughton call on local authorities and voluntary adoption agencies to ensure ethnicity isn’t a barrier to providing children a loving and stable home.
    News 02 November 2010

  • Adoption training materials – trainer pack

    Download the ten training modules and supporting guidance from the trainer pack on adoption.
    General article 27 October 2010

  • Adoption – news

    Information on developments in adoption for practitioners working with children and families.
    General article 27 October 2010

  • Adoption and the courts

    An overview of the role of specialist adoption centres with regards to the courts, and advice on how to find your nearest adoption centre.
    General article 27 October 2010

  • Adoption training materials – workbook

    Download the ten modules that comprise the workbook of training materials related to adoption.
    General article 26 October 2010

  • Adoption training CD

    Information on how to order the adoption training CD and details of the minimum specification requirements for your computer.
    General article 26 October 2010

ADOPTION PRACTICE GUIDANCE AND TOOLS

http://www.education.gov.uk/childrenandyoungpeople/families/adoption/a0065904/adoption-practice-guidance-and-tools

INFORMATION ABOUT ADOPTION APPEALS

you must get your documents in yourself within 21 days to the Court of Appeal at the Strand, London.

1)   ring this number to say they are coming.

0207 9476426

Rita Downes, in charge of the Civil Appeals office at the court of appeal in the Strand.

Say if there is a problem, will they ring you rather than send the docs. back.

2)  Get copies of

Appeal forms – 4 copies – N161 – 1 for yourself

Remission of Fee form –  Ex160

get them online from HMCS site and print off if you have a good printer.

if not go to local court and get them from court office.

GET THEM IN FAST

3 copies of appeal from,   1 0f remission of fee form.

copy of court order and of udgement if you have them.

If not write on form will follow on, but can they obtain them directly?

3)   Write GROUNDS FOR APPEAL  on seperate sheet of paper

These are numbered short headlines

detailed ones will follow later in your “Skeleton Arguments”

4)  “WALK THE PAPERS”

Go personally to the courts on the Strand ad you go from room to room and get it registered in a day.

There are 2 advisory sections to help you and do photocopying.

The sol and bar will probably come bac to say they can’t get funding for an appeal.

But meanwhile you have got it in.

Here is what you must do ;-

the grounds for appeal, as explained to us by top barristers, are very limited and the bar is high in the normal courts.

In particular the appeal court cannot revisit the existing evidence as considering this is the job of the lower court.

In the Family Court it is even higher.

These are ;-

1)  a legal error by the judge

2)  new evidence being discovered which was never put to the court

3) the judge failing to take into account something he should or toke into account something he shouldn’t.

A solicitors we work with has got one at the moment where they claimed emotional abuse, in spite of the fact there was a diagnosis of autism.

They got funds for it.

Go through your evidence and anything that was left out.

The Civil Legal Aid (Remuneration) Regulations 2013

http://www.legislation.gov.uk/uksi/2013/422/made

Legal Aid And Advice, England And Wales.

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions)(Amendment) Regulations 2013

http://www.familylaw.co.uk/system/uploads/attachments/0006/8003/uks…

The Health and Social Care Act 2012 (Commencement No. 5, Transitional, Savings and Transitory Provisions) Order 2013

http://www.familylaw.co.uk/system/uploads/attachments/0006/8001/uks…

The Children, Schools and Families Act 2010 (Commencement No. 3) Order 2013

http://www.familylaw.co.uk/system/uploads/attachments/0006/7999/uks…

Law Society Practice Note of 26 March 2013: Client Care Letters

http://www.familylaw.co.uk/system/uploads/attachments/0006/8061/Cli… Law Society Practice Note of 26 March 2013: Client

The Care Planning, Placement and Case Review (England) (Miscellaneous Amendments) Regulations 2013

http://www.familylaw.co.uk/system/uploads/attachments/0006/8371/uks…

The Civil Courts (Amendment) (No. 2) Order 2012

http://www.familylaw.co.uk/system/uploads/attachments/0005/2825/uksi_20121954_en.pdf

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 7) Order 2013

http://www.familylaw.co.uk/system/uploads/attachments/0006/8546/uks…

Official Solicitor’s Practice Note of March 2013

http://www.familylaw.co.uk/system/uploads/attachments/0006/8727/OS_PN_of_March_2013.pdf

Interim Applications Court of the Queen’s Bench Division of the High Court: A guide for litigants in person

http://www.familylaw.co.uk/system/uploads/attachments/0006/8697/Guide_for_Litigants_in_Person.pdf

The Children (Secure Accommodation) (Amendment) Regulations 2013 

http://www.familylaw.co.uk/system/uploads/attachments/0006/8552/wsi_20130663_mi.pdf

The Civil Procedure (Amendment No.3) Rules 2013

http://www.familylaw.co.uk/system/uploads/attachments/0006/8550/uksi_20130789_en.pdf

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013

http://www.familylaw.co.uk/system/uploads/attachments/0006/8548/uksi_20130748_en.pdf

President’s Guidance of April 2013: Communicating with the Home Office in Family Proceedings

 


http://www.familylaw.co.uk/system/uploads/attachments/0006/8871/family-pd-communicating-with-home-office-family-proceedings2.pdf

http://www.familylaw.co.uk/system/uploads/attachments/0006/8873/for…

Practice Guidance of 3 May 2013: Committal for Contempt of Court

http://www.familylaw.co.uk/system/uploads/attachments/0006/9221/Gui…

Practice Guidance of 3 May 2013: Committal for Contempt of Court

http://www.familylaw.co.uk/system/uploads/attachments/0006/9221/Gui…

guidance relating to committal for contempt of court.

http://www.bailii.org/ew/cases/EWHC/COP/2013/B4.html

Statutory Instruments2013 No. 985Children And Young Persons, EnglandThe Adoption Agencies (Miscellaneous Amendments) Regulations 2013

http://www.legislation.gov.uk/uksi/2013/985/made

The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013

http://www.legislation.gov.uk/uksi/2013/984/made

Revised Public Law Outline comes into effect on 1 July 2013

http://www.judiciary.gov.uk/Resources/JCO/Documents/Reports/pfd-pro…

Latest ‘View from the President’s Chambers’ sets out local authority’s obligation.

Guidance issued on committals in the Family Division and Court of Protection supplemented by President

http://www.bailii.org/ew/cases/EWHC/COP/2013/B7.html

http://www.bailii.org/ew/cases/EWHC/COP/2013/B4.html

Legal Aid Agency Guidance on the Remuneration of Expert Witnesses

http://www.familylaw.co.uk/system/uploads/attachments/0007/0684/Gui…

The Family Proceedings Fees (Amendment) Order 2013

http://www.legislation.gov.uk/uksi/2013/1407/schedule/made

Increased Court Fees (Family Proceedings) as from 1st July 2013

 

Revised Court Fees for Family proceedings, England and Wales, Senior courts of England and Wales; County courts, England and Wales to be enacted as from 1st July 2013.
SECTION 1: FEES TO BE TAKEN IN THE HIGH COURT AND IN COUNTY COURTS
1 Commencement of proceedings
1.1 On filing an application to start proceedings where no other fee is specified. £245
1.2 On presenting an application for—
(a) a decree of divorce made under section 1 of the Matrimonial
Causes Act 1973(a);
(b) a decree of nullity made under sections 11 or 12 of the Matrimonial
Causes Act 1973;
(c) a dissolution order or nullity order made under section 37 of the
Civil Partnership Act 2004(b). £410
1.3 On presenting an application for—
(a) a matrimonial or civil partnership order, other than an application for a decree of divorce, a decree of nullity, a dissolution order, nullity order or to which rule 7.7(1)(b) of the Family Procedure Rules 2010(c) applies, or
(b) a declaration to which Chapter 5 of Part 8 of the Family Procedure
Rules 2010 applies. £365
Note: Fee 1.3 is payable only once for each declaration to which Chapter 5 of Part 8 of the Family Procedure Rules 2010 applies.
1.4 On applying for a non-molestation order, an occupation order or a forced marriage protection order under Part 4 or Part 4A of the Family Law Act 1996(d) (or on applying for two or more of those orders). £75
1.5 On amending an application for a matrimonial or civil partnership order, amending an application for a declaration to which Chapter 5 of Part 8 of the Family Procedure Rules 2010 applies, or making an application to which rule 7.7(1)(b) of the Family Procedure Rules 2010 applies. £95
1.6 On filing an answer to an application for a matrimonial or civil partnership order. £245
1.7 On applying for an order under Part 3 of the Solicitors Act 1974(e) for the assessment of costs payable to a solicitor by a client; or on the commencement of costs-only proceedings. £40
1.8 On an application under section 54 (parental order) of the Human
Fertilisation and Embryology Act 2008(f). £215
2 Proceedings under the Children Act 1989
2.1 On an application for an order in form C1 or form C100 (free standing application), form C79 (application related to enforcement of a contact order), form C2 (application in existing proceedings) or a request for permission to apply for an order in form C2 under the
following provisions of the Children Act 1989(g)—
(a) section 4(1)(c) or (3), 4A(1)(b) or (3)(h) (parental responsibility);£215
(b) section 4ZA (1)(c) or (6)(i) (parental responsibility); £215
(c) section 5(1) or 6(7) (guardians); £215
(d) section 10(1) or (2) (section 8 orders); £215
(e) section 11J(2)(j) (enforcement orders); £215
(f) section 11O(2)(k) (compensation for financial loss); £215
(g) section 13(1) (change of child’s surname or removal from jurisdiction while residence order in force); £215
(h) section 14A(3) or (6)(a), 14C(3) or 14D(1)(l) (special guardianship orders); £170
(i) section 25 (secure accommodation order); £180
(j) section 33(7) (change of child’s surname or removal from jurisdiction while care order in force); £180
(k) section 34(2), (3), (4) or (9) (contact with child in care); £180
(l) section 36(1) (education supervision order); £180
(m) section 39 (variation or discharge etc of care and supervision orders);£180
(n) section 43(1) (child assessment order); £180
(o) sections 44, 45 and 46 (emergency protection orders); £180
(p) section 48 (warrant to assist person exercising powers under emergency protection order); £180
(q) section 50 (recovery order); £180
(r) section 102 (warrant to assist person exercising powers to search for children or inspect premises); £180
(s) paragraph 4(2), 6(2), 7(2) or 9(2) of Schedule A1(m) (applications in respect of enforcement orders); £95
(t) paragraph 5(2) of Schedule A1 (amendment of enforcement order by reason of change of address); £95
(u) paragraph 1(1) or (4), 2(1) or (5), 5(6), 6(5), (7) or (8), 8(2), 10(2),
11 or 14(1) of Schedule 1 (financial provision for children); £215
(v) paragraph 19(1) of Schedule 2 (approval of court for child in care of local authority to live abroad); £180
(w) paragraph 6 of Schedule 3 (extension of supervision order); £180
(x) paragraph 15(2) or 17(1) of Schedule 3 (extension or discharge of education supervision order). £180
2.2 In relation to proceedings under section 31 of the Children Act
1989 (care and supervision orders)—
(a) on an application; £3,320
(b) where a final hearing has been listed. £2,155
Notes to fees 2.1 and 2.2
Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.
Where an application is made, permission is sought or an appeal is commenced under or relating to provisions of the Children Act 1989 which are listed in two or more different numbered fees, or require two or more different numbered forms, only one fee is payable, and if those fees are different, only the highest fee is payable.
Where an application is made, permission is sought or an appeal is commenced under or relating to two or more provisions of the Children Act 1989 which are listed in the same numbered fee, that fee is payable only once.
Where the application is made, permission is sought or an appeal is commenced in respect of two or more children at the same time, and these children are siblings or children of the family, only one fee is payable in respect of each numbered fee.
Notes to fee 2.2 only
Where a final order is made at a case management conference or at a case management hearing, £1360 of the amount paid under fee 2.2(a) will be refunded.
Where proceedings are consolidated with other proceedings, any fee which falls to be paid after the date on which the proceedings are consolidated is payable only once.
Where a fee is paid under fee 2.2(b) in relation to a hearing that is cancelled, for example, because a final order is made at earlier hearing, the application is withdrawn, or the hearing is no longer needed, the fee will be refunded. A refund will not be given if the hearing is adjourned to a later date or to a date to be fixed.
The fee in 2.2(b) is payable 14 days before the hearing.
2.3 On commencing an appeal under section 94 of the Children Act
1989(n) relating to proceedings to which the following fees apply—
(a) 2.1 (a) to (g) and (u); £215
(b) 2.1 (h); £170
(c) 2.1 (i) to (r), (v) to (x) and 2.2. £180
2.4 On commencing an appeal under paragraph 23(11) of Schedule 2 to the Children Act 1989 (appeal against contribution order). £180
Adoption and wardship applications
3.1 On applying or requesting permission to apply under any provision in Part 1 of the Adoption and Children Act 2002(o), other than an application under section 22 of that Act. £170
3.2 On applying under section 22 of the Adoption and Children Act
2002 (placement order). £455
3.3 On applying for the exercise by the High Court of its inherent jurisdiction with respect to children. £170
When an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.
Where an application is made or permission is sought under or relating to two or more provisions of the Adoption and Children Act 2002 only one fee is payable.
Where the same application is made or permission is sought in respect of two or more children, who are siblings or children of the same family, at the same time, only one fee is payable.
Applications in proceedings
4.1 On an application without notice or by consent except where separately listed in this Schedule. £45
Note: Fee 4.1 is not payable in relation to an application by consent for an adjournment of a hearing where the application is received by the court at least 14 days before the date set for that hearing.
Note: Fee 4.1 is not payable on an application to make a decree or order absolute or final, as the case may be, where the applicant has paid fee 1.2.
4.2 On an application under rule 7.19 of the Family Procedure Rules 2010 for the court to consider the making of a decree nisi, conditional order, a decree of judicial separation or a separation order (other than in an undefended case where no fee is payable). £50
4.3 On an application on notice except where separately listed in the schedule. £80
4.4 On the filing of—
(a) a notice of intention to proceed with an application for a financial order to which rule 9.4(a) of the Family Procedure Rules 2010 applies; £255
or
(b) an application for a financial order to which rule 9.4(b) of the
Family Procedure Rules 2010 applies,
other than an application for a consent order.
5 Appeal from a district judge
5.1 On filing an appeal notice from a district judge to a judge. £125
Searches
6.1 On making a search in the central index of decrees absolute or of final orders kept at the Principal Registry of the Family Division for any specified period of ten calendar years or, if no such period is specified, for the ten most recent years, and, if appropriate, providing a certificate of decree absolute or of final order, as the case may be.£65
6.2 On making a search in the central index of parental responsibility agreements kept at the Principal Registry of the Family Division in accordance with regulations made under section 4(2) of the Children Act 1989 and, if appropriate, providing a copy of the agreement. £45
6.3 On making a search in the index of decrees absolute or of final orders kept at any designated county court or district registry for any specified period of ten calendar years or, if no period is specified, for the ten most recent years, and if appropriate, providing a certificate of decree absolute or of final order, as the case may be. £45
Copy documents
7.1 On a request for a copy document (other than where fee 7.2 applies)—
(a) for ten pages or less; £5 and
(b) for each subsequent page. 50p
Note: The fee payable under fee 7.1 includes—
– where the court allows a party to fax to the court for the use of that party a document that has not been requested by the court and is not intended to be placed on the court file;
– where a party requests that the court fax a copy of a document from the court file; or
– where the court provides a subsequent copy of a document which it has previously provided.
7.2 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy. £5
Determination of costs
8.1 On filing a request for detailed assessment where the party filing the request is legally aided, is funded by the Legal Services Commission or is a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012(p) and no other party is ordered to pay the costs of the proceedings. £195
8.2 On filing a request for detailed assessment in any case where fee
8.1 does not apply; or on filing a request for a hearing date for the assessment of costs payable to a solicitor by a client pursuant to an order under Part 3 of the Solicitors Act 1974 where the amount of the costs claimed—
(a) does not exceed £15,000; £325
(b) exceeds £15,000 but does not exceed £50,000; £655
(c) exceeds £50,000 but does not exceed £100,000; £980
(d) exceeds £100,000 but does not exceed £150,000; £1,310
(e) exceeds £150,000 but does not exceed £200,000; £1,635
(f) exceeds £200,000 but does not exceed £300,000; £2,455
(g) exceeds £300,000 but does not exceed £500,000; £4,090
(h) exceeds £500,000. £5,455
Where there is a combined standard basis and legal aid, or a combined standard basis and Legal Services Commission, or a combined standard basis and Lord Chancellor, or a combined standard basis, and one or more of legal aid, Legal Services Commission or Lord Chancellor determination of costs, fee 8.2 will be attributed proportionately to the standard basis, legal aid, Legal Services Commission or Lord Chancellor (as the case may be) portions of the bill on the basis of the amount allowed.
8.3 On a request for the issue of a default costs certificate. £60
8.4 On commencing an appeal against a decision made in detailed assessment proceedings. £205
8.5 On an application to set aside a default costs certificate. £105
Registration of maintenance orders
9.1 On an application for a maintenance order to be registered under the Maintenance Orders Act 1950(q) or the Maintenance Orders Act 1958(r) £45
9.2 On an application for a maintenance order to be sent abroad for enforcement under the Maintenance Orders (Reciprocal Enforcement) Act 1972.(s) £45
10 Enforcement
10.1 On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment, or on an application to which rule 33.3(2)(b) of the Family Procedure Rules
2010 applies. £50
10.2 On an application for a third party debt order or the appointment of a receiver by way of equitable execution. £100
Note: Fee 10.2 is payable in respect of each third party against whom the order is sought.
10.3 On an application for a charging order. £100
Note: Fee 10.3 is payable in respect of each charging order applied for.
10.4 On an application for a judgement summons. £100
SECTION 2. FEES TO BE TAKEN IN A COUNTY COURT ONLY
11 Service
11.1 On a request for service by bailiff of any document except—
(a) an order for a debtor to attend the adjourned hearing of a judgment summons;
(b) an interpleader summons under an execution;
(c) an order made under section 23 of the Attachment of Earnings Act
1971(t) (enforcement provisions); or
(d) an order for a debtor to attend an adjourned oral examination of means. £110
12 Enforcement in the County Courts
12.1 On an application for or in relation to enforcement of a judgment or order of a county court or through a county court, by the issue of a warrant of execution against goods except a warrant to enforce payment of a fine. £100
12.2 On a request for further attempt at execution of a warrant at a new address where the warrant has been returned to the court not executed (except where the warrant has been returned after it has been
suspended by the court). £30

ENFORCING CHILD CONTACT ORDERS.

http://www.nuffieldfoundation.org/sites/default/files/files/enforce…

Protocol of 19 July 2013: Communications between judges of the Family Court and Immigration and Asylum Chambers of the First-tier Tribunal and Upper Tribunal

http://www.familylaw.co.uk/articles/protocol-of-19-july-2013-commun…

The Social Security, Child Support, Vaccine Damage and Other Payments (Decisions and Appeals) (Amendment) Regulations

http://www.familylaw.co.uk/system/uploads/attachments/0007/8957/uks…

The Local Safeguarding Children Boards (Review) Regulations 2013

http://www.familylaw.co.uk/system/uploads/attachments/0007/8611/uks…

The Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2013

http://www.familylaw.co.uk/system/uploads/attachments/0007/8581/uks…

Marriage (Same Sex Couples) Act 2013

http://www.familylaw.co.uk/system/uploads/attachments/0007/7745/ukp…

The Adoption Support Services and Special Guardianship (Wales) Amendment Regulations 2013

http://www.familylaw.co.uk/system/uploads/attachments/0007/7743/wsi…

Judiciary publishes Handbook for Litigants in Person

http://www.familylaw.co.uk/system/uploads/attachments/0008/0617/A_H…

New standards aim to promote quality expert evidence

http://www.familylaw.co.uk/system/uploads/attachments/0008/1577/Sta…

http://www.familylaw.co.uk/system/uploads/attachments/0008/1577/Sta…

http://www.familylaw.co.uk/articles/new-standards-aim-to-promote-qu…

New protocol on disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings

http://www.familylaw.co.uk/system/uploads/attachments/0008/0859/Pro…

MoJ issues guidelines for family advocacy scheme travel expense claims

http://www.familylaw.co.uk/system/uploads/attachments/0008/1431/Civ…

http://www.familylaw.co.uk/system/uploads/attachments/0008/1433/Civ…

http://www.familylaw.co.uk/articles/moj-issues-guidelines-for-famil…

Private Law Working Group devises new Child Arrangements Programme

http://www.familylaw.co.uk/system/uploads/attachments/0008/1711/Res…

Private Law Working Group issues draft Guidance on Allocation and Gatekeeping (Private Law)

http://www.familylaw.co.uk/system/uploads/attachments/0008/1665/DRA…

http://www.familylaw.co.uk/system/uploads/attachments/0008/1669/DRA…

Private Law Working Group issues draft Flowchart on the Child Arrangements Programme

http://www.familylaw.co.uk/system/uploads/attachments/0008/1677/DRA…

Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings

http://www.crimeline.info/news/disclosure-of-information-in-cases-o…

The Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013

http://www.familylaw.co.uk/system/uploads/attachments/0008/2065/uks…

The Domestic Violence, Crime and Victims Act 2004 (Victims’Code of Practice) Order 2013

http://www.familylaw.co.uk/system/uploads/attachments/0008/2067/uks…

The Domestic Violence, Crime and Victims Act 2004 (Victims’Code of Practice) Order 2013

http://www.familylaw.co.uk/system/uploads/attachments/0008/2067/uks…

The Child Maintenance and Other Payments Act 2008 (Commencement No. 12 and Savings Provisions)and the Welfare Reform Act 2012 (Commencement No. 15)

http://www.familylaw.co.uk/system/uploads/attachments/0008/2069/uks…

Sexual offences definitive guideline

http://sentencingcouncil.judiciary.gov.uk/guidelines/forthcoming-gu…

The Civil Partnership (Registration Abroad and Certificates)(Amendment) Order 2013

http://www.familylaw.co.uk/system/uploads/attachments/0008/2131/uks…

The Foreign Marriage (Amendment) Order 2013

http://www.familylaw.co.uk/system/uploads/attachments/0008/2129/uks…

2013 No. 3204 (L. 26) Family Proceedings Senior Courts Of England And Wales Family Court, England And Wales The Family Procedure (Amendment No.3) Rules 2013 http://www.legislation.gov.uk/uksi/2013/32

http://www.legislation.gov.uk/uksi/2013/3204/made

The Children’s Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013

http://www.familylaw.co.uk/system/uploads/attachments/0008/2600/uks…

http://www.familylaw.co.uk/articles/SI2013No3239?CC=A204&utm_so…

The Family Procedure (Amendment No.3) Rules 2013

http://www.familylaw.co.uk/system/uploads/attachments/0008/2598/uks…

Practice Guidances of 16 January 2014 on Publication of Judgments: Transparency in the Family Courts and in the Court of Protection

http://www.judiciary.gov.uk/Resources/JCO/Documents/Guidance/transp…

http://www.judiciary.gov.uk/Resources/JCO/Documents/Guidance/transp…

http://www.familylaw.co.uk/articles/practice-guidances-of-16-januar…

TRANSPARENCY IN THE FAMILY COURTS.

http://www.judiciary.gov.uk/Resources/JCO/Documents/Guidance/transp…

TRANSPARENCY IN THE COURT OF PROTECTION

http://www.judiciary.gov.uk/Resources/JCO/Documents/Guidance/transp…

The Marriage (Same Sex Couples) Act 2013 (Commencement No. 2 and Transitional Provision) Order 2014

http://www.legislation.gov.uk/uksi/2014/93/made

Deprivation of liberty – guidance for providers of children’s homes and residential special schools

http://www.familylaw.co.uk/system/uploads/attachments/0008/3681/Joi…

Practice Direction of 14 February 2014: Access to Audio Recordings of Proceedings

http://www.familylaw.co.uk/system/uploads/attachments/0008/3677/PD_.

The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014

http://www.legislation.gov.uk/uksi/2014/543/note/made

Guidance on protected information relating to a person who has acquired a Gender Recognition Certificate

http://www.familylaw.co.uk/system/uploads/attachments/0008/3911/Gui…

Law Society publishes practice note on Sharia wills and inheritance rules

http://www.lawsociety.org.uk/advice/practice-notes/sharia-successio…

Children and Families Act 2014

http://www.familylaw.co.uk/system/uploads/attachments/0008/3981/Chi…

The Marriage of Same Sex Couples (Registration of Shared Buildings) Regulations 2014

http://www.familylaw.co.uk/system/uploads/attachments/0008/3975/uks…

Child Maintenance and Other Payments Act 2008 (Commencement No. 13) Order 2014

http://www.familylaw.co.uk/system/uploads/attachments/0008/3909/uks…

Provision of Justices’ Reasons in Uncontested Cases

http://www.familylaw.co.uk/system/uploads/attachments/0008/3995/Fam…

The Justices’ Clerks and Assistants Rules 2014

http://www.legislation.gov.uk/uksi/2014/603/made

Provision of Justices’ Reasons in Uncontested Cases

http://www.familylaw.co.uk/system/uploads/attachments/0008/3995/Fam…

 

 

The Child Support Fees Regulations 2014

http://www.familylaw.co.uk/system/uploads/attachments/0008/3983/uks…

 

 

The Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014

http://www.familylaw.co.uk/system/uploads/attachments/0008/3985/uks…

The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 17 March 2014

http://www.familylaw.co.uk/system/uploads/attachments/0008/3987/uks…

The Justices’ Clerks and Assistants Rules 2014

http://www.familylaw.co.uk/system/uploads/attachments/0008/3989/uks…

 

The Family Procedure (Amendment No. 2) Rules 2014

http://www.familylaw.co.uk/system/uploads/attachments/0008/3999/uks…

The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 17 March 2014

http://www.familylaw.co.uk/system/uploads/attachments/0008/3993/uks…

 

The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014

http://www.familylaw.co.uk/system/uploads/attachments/0008/3991/uks…

Legal Aid And Advice, England And Wales The Civil Legal Aid (Procedure) (Amendment) Regulations 2014

http://www.legislation.gov.uk/uksi/2014/814/made

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2014

http://www.legislation.gov.uk/uksi/2014/670/contents/made

 

 

 

The Children and Families Act 2014 (Commencement No. 1) Order 2014

http://www.legislation.gov.uk/uksi/2014/793/made

The Marriage of Same Sex Couples (Use of Armed Forces’ Chapels) Regulations 2014

http://www.legislation.gov.uk/ukdsi/2014/9780111108710/contents

The Family Court (Composition and Distribution of Business) Rules 2014

http://www.legislation.gov.uk/uksi/2014/840/made

The Family Proceedings Fees (Amendment) Order 2014

 

The Family Court (Constitution of Committees: Family Panels) Rules 2014

 

The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014

http://www.legislation.gov.uk/uksi/2014/879/made

 

 

The Crime and Courts Act 2013 (Family Court: Transitional and Saving Provision) Order 2014

http://www.legislation.gov.uk/uksi/2014/956/made

The Crime and Courts Act 2013 (Commencement No. 10 and Transitional Provision) Order 2014

 

 

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) Order 2014 (SI 2014/949)