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: 100%      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.

Who’s who in the Family Court

Relevance: 96%      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…

Explaining the legality of a Child Arrangements Order

Relevance: 96%      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: 94%      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.

Preparing for a Family Court hearing

Relevance: 93%      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…

Enforcement of an Order for contact or residence

Relevance: 92%      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: 92%      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…

Court Bundles

Relevance: 91%      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…

Hearings in the Family Court

Relevance: 91%      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.

A sample Child Arrangements Order

Relevance: 88%      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.

Remote hearings in the family court – Covid-19

Relevance: 87%      Posted on: 2nd April 2020

Introduction The social distancing measures and the stay at home rules which have been implemented in response to the Covid-19 crisis pose a unique challenge to public services which traditionally operate on a face to face basis.  Nevertheless, Sir Andrew Mcfarlane (President of the Family Division) has made clear that the aim is to ''keep business going safely'' in national guidance published on the 19th March:  ''There is a strong public interest in the Family Justice System continuing to function as normally as possible despite the present pandemic. At the same time, in accordance with government guidance, there is a…

Special Guardianship Order

Relevance: 87%      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.

Complaints about a court or a judge

Relevance: 85%      Posted on: 18th September 2019

Complaints about a court We would firstly advise you to contact the court which you wish to make a complaint about, as they will be best placed to resolve your complaint. You should ask them how you can submit a complaint. Alternatively you can make an online complaint with the service Resolver. They will submit a complaint on your behalf and keep you updated on the process. Resolver is an independent service of HM Court and Tribunal Service. What can you complain about? The service you received at the court The way your case was handled by the administrative staff…

Locating a child

Relevance: 29%      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: 28%      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: Wednesday 25 December 2019 Thursday 26 December 2019 Friday 27 December 2019 Wednesday 1 January 2020 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…

Supervision orders

Relevance: 21%      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…

The role of Cafcass

Relevance: 21%      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.

Consent Orders

Relevance: 20%      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: 19%      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.