Search Results for: court order

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Attending court

Relevance: 100%      Posted on: 4th October 2015

A sample Child Arrangements Order Appeals Court Bundle Court etiquette Do I need a solicitor or barrister? Explaining the legality of a child arrangements order Family mediation Hearings in the Family Court Legal aid for family matters Litigation Friends Litigants in person Parenting plans Preparing for a family court hearing Seeking costs in court The role of Cafcass The welfare checklist  Type of family law orders Scott Schedule Use of recordings Who's who in the family court Witness Statements Writing a position statement Signposting list

Seeking costs in court

Relevance: 99%      Posted on: 9th June 2016

This page explains the process of family mediation, when mediation is necessary and the expected standards of a family mediator.

Explaining the legality of a Child Arrangements Order

Relevance: 99%      Posted on: 17th June 2019

What is a Child Arrangements Order? A Child Arrangements Order is an order that regulates with whom a child is to live, spend time or otherwise have contact, and when a child is to live, spend time or otherwise have contact with any person.  Each Child Arrangements Order is decided on the circumstances of the individual family and on what is in the best interests of that particular child. This means that there is no such thing as a ‘usual’ arrangement. Child Arrangements Orders are governed by section 8 of the Children Act 1989. For information on applying for a…

Variation and discharge of an order for contact or residence

Relevance: 98%      Posted on: 30th July 2015

This how to guide explains the steps that you can take to vary or discharge a Contact Order or Residence Order (granted prior to 22.04.2014) or Child Arrangements Order if the terms are no longer in the child's best interests.

Who’s who in the Family Court

Relevance: 97%      Posted on: 17th June 2019

Judge A judge is the person who presides over (deals with) the proceedings. In the Family Court there are three levels of judges who are likely to hear your case. These are: Judges of the District Judge level – these are the judges that hear most family law cases. Judges of the Circuit Judge level – these judges are allocated cases which are considered to have additional complexity. They can also deal with some appeal cases. Magistrates – magistrates are ‘lay’ people from the community who have been recruited and trained to hear cases. They will not usually have a…

Enforcement of an Order for contact or residence

Relevance: 97%      Posted on: 30th July 2015

This how to guide explains the steps that you can take to enforce a Child Arrangements Order, a Contact Order or a Residence Order if one party has acted in breach of its terms.

Court etiquette

Relevance: 95%      Posted on: 17th June 2019

How to dress for court hearings When dressing for court keep your clothing smart and simple. A list of potential clothing items to wear: Trousers Skirt Smart top or blouse Suit – tie is optional Smart shoes Unless there is a very good reason (for example because of a health condition) it is probably best to avoid wearing the following in court: Trainers Jeans Tracksuit Hat Sunglasses Remember to turn your phone off to ensure it does not ring during proceedings. How to speak to judges Be clear, respectful and polite. The party who has made the application to court…

Preparing for a Family Court hearing

Relevance: 95%      Posted on: 17th June 2019

The preparation will often be dependent on the type of hearing and the specific circumstances of the case in question. However, there are some general tips which can help a litigant in person prepare for an upcoming Family Court hearing. Appropriate arrangements for children It is not advisable to bring children to court and therefore parties should try to make alternative childcare arrangements. Court location Parties will often be required to attend the court 30 minutes or 1 hour in advance of the time that the hearing is listed to start. You do not want to be rushing around or…

Hearings in the Family Court

Relevance: 95%      Posted on: 15th September 2015

This page explains the different types of hearing that you might have in private family law cases, including the First Hearing Dispute Resolution Appointment, fact finding hearings and final hearings.

Court Bundles

Relevance: 94%      Posted on: 19th July 2018

Court bundles are an integral element to family court proceedings as they contain a great deal of information that relate to a particular dispute. This information page will provide further advice on what the bundle is, who is responsible for preparing the bundle, what should be included in the bundle and the timetable for preparing and lodging the bundle.  What is a court bundle? Practice Direction 27A of the Family Procedure Rules provides guidance on court bundles.   A court bundle is a folder(s) which contains copies of all the documents which are considered relevant to a court case.  How should…

A sample Child Arrangements Order

Relevance: 94%      Posted on: 15th September 2015

This page has a sample of an order that can be issued setting out contact and living arrangements for children and an explanation of the contents and terminology used in an order.

Special Guardianship Order

Relevance: 94%      Posted on: 22nd May 2015

This how to guide explains the steps that you can take to become a Special Guardian for a child as well as how to discharge or vary a Special Guardianship Order.

Locating a child

Relevance: 18%      Posted on: 24th November 2015

This page provides information on how to make an application to locate a child whose whereabouts are unknown, and the powers of the court to disclose this information.

Christmas Holidays FAQ

Relevance: 18%      Posted on: 14th December 2017

This page provides answers to FAQ's regarding Christmas Holidays and the family law issues which are particularly relevant at this time of the year.  Are the family courts closed over the Christmas holidays?  Crown Courts, County Courts and the Royal Courts of Justice will close over the Christmas period on: Monday 24 December 2018 Tuesday 25 December 2018 Wednesday 26 December 2018 Tuesday 1 January 2019 Some emergency courts may operate over the holiday. See court and tribunal finder for details. In the case of there being no court order in place, what should the arrangements be for residence/contact over the Christmas…

The role of Cafcass

Relevance: 13%      Posted on: 15th September 2015

This page explains the role of the Children and Family Court Advisory and Support Service in the court process, including the safeguarding checks that they carry out and explaining section 7 reports.

Supervision orders

Relevance: 13%      Posted on: 2nd March 2018

This page provides information on the powers of the local authority to take action to protect a child under a Supervision Order. What is a Supervision Order? A Supervision Order imposes a duty on the local authority to ‘advise, assist and befriend’ the child. It may require a child to live in a specified place, do certain activities and report to a particular place at a set time. A supervision order can last for one year, and may be extended yearly to a total of three years. It will last until the child reaches the age of 18, unless discharged…

Consent Orders

Relevance: 13%      Posted on: 25th June 2018

This information page provides advice on the subject of 'consent orders' which are used in the family court as a means to formalise an agreement which has been reached. This page will explain in further detail what a consent order is, how to apply for a consent order and what to expect of the court process.  What is a Consent Order?  It is often the case that parents will reach an agreement regarding contact and residence. However, informal agreements are not automatically legally binding and therefore there are limited means of recourse if the opposing parent acts in breach of…

Testamentary Guardianship

Relevance: 12%      Posted on: 8th December 2016

This page explains how, in law, a person can be appointed to act as a guardian for a child in the event of a parent’s or a carer’s death.

Appeals

Relevance: 12%      Posted on: 17th June 2019

When can you submit an appeal? You cannot submit an appeal just because you do not agree with the judge's decision. You will be required to show you have grounds to appeal the decision. Grounds of appeal You will need to show that the decision of the judge of the lower court was: wrong, or unjust because of a serious procedural or other irregularity in the proceedings in the lower court. You will need to show that the judge did not apply the law correctly, did not follow the correct procedure, or that there are other strong reasons why the…

Contact with a child in care

Relevance: 11%      Posted on: 24th June 2015

This page explains the law surrounding contact with a child who is looked after, including how to apply for contact with a child in care and what the court will consider.