Search Results for: court order

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Litigation Friends

Relevance: 11%      Posted on: 30th July 2018

Litigation friends are required when a person lacks capacity to participate in court proceedings. This information page will explain who can be a litigation friend, specifically which circumstances require a litigation friend to be appointed and how to apply to be a litigation friend.  Introduction An individual who is involved in court proceedings (a 'litigant') must have the capacity in order to conduct those proceedings. In other words, a litigant must be able to participate in the proceedings insofar as being capable to convey their position, complete paperwork and understand the decisions of the court.  Children under the age of…

Writing a Position Statement

Relevance: 11%      Posted on: 4th January 2018

Attending court can be a daunting prospect, especially if you are representing yourself. It is important that you are well prepared in order to fully present your case to the Court; one way of achieving this is to write a position statement. This information page will describe how to write a position statement and why it is useful to do so.

The Welfare Checklist

Relevance: 11%      Posted on: 22nd January 2018

The overriding consideration in family proceedings is the question of "what is in the best interests of the child/children?" In answering this question, the court and other professionals are guided by a criteria known as the Welfare Checklist. This page will set out where the Welfare Checklist can be found in statute and will focus on each criterion in greater detail.  Where can I find the Welfare Checklist? The Welfare Checklist can be found in Section 1 of the Children Act 1989.  The Welfare Checklist Criteria 1. The ascertainable wishes and feelings of the child concerned (considered in the light of…

Parenting plans

Relevance: 11%      Posted on: 17th June 2019

What is a parenting plan? A parenting plan is a voluntary, written agreement between parents (and can include grandparents and other family members). The plan covers practical issues in relation to the children such as living arrangements, education, healthcare and finances and it aims to assist parents in resolving arrangements amicably and informally. Cafcass parenting plan Cafcass (The Children and Family Court Advisory Support Service) have produced a parenting plan template which is accessible online and accompanied by a guidance document. Of course, there are other templates which can be accessed online with a quick Google search or parents are…

Care orders

Relevance: 10%      Posted on: 1st March 2018

This page provides information on the powers of the local authority to take action to protect a child who is suffering harm or at risk of suffering harm. This page focuses on the Care Orders and their implications. What is a care order? Where a child is made subject to a Care Order, the Local Authority is given Parental Responsibility and will share it with current Parental Responsibility holders, for example, the child's parents. However, the Local Authority can exercise their Parental Responsibility above that of current Parental Responsibility holders insofar as necessary to safeguard the welfare of a child. …

Public Law Care Proceedings

Relevance: 10%      Posted on: 8th September 2016

This page provides information on the powers of the local authority to take action to protect a child who is suffering harm or at risk of suffering harm. 

Surrogacy

Relevance: 10%      Posted on: 19th October 2017

This page provides advice on the law relating to surrogacy including the different types of surrogacy and who is regarded as the legal parent(s) of the child at the time of birth and for the future. 

Parental responsibility

Relevance: 10%      Posted on: 27th May 2015

This page explains the law on parental responsibility, what this means in practice and how a person can acquire parental responsibility.

Dealing with Parental Responsibility disputes

Relevance: 10%      Posted on: 31st May 2016

Schools can sometimes find themselves in the middle of disputes between parents. This information page is to provide advice to schools on parental disputes and relevant court orders.

Dealing with Parental Responsibility disputes

Relevance: 10%      Posted on: 27th May 2016

Schools can sometimes find themselves in the middle of disputes between parents. This information page is to provide advice to schools on parental disputes and relevant court orders.