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.

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.

Changing a child’s surname

Relevance: 10%      Posted on: 29th January 2019

This information page will explain the process to change a child's name via deed poll. This includes the requirement to obtain consent and the options available if consent is not forthcoming.  What is a deed poll?  A deed poll is a legal document that proves a change of name. A person with parental responsibility for a child is able to change any part of that child's name. For example, a person with PR can change a child's forename, surname (or both), add names, remove names, and change the spelling of their name.  What is a "known as" name? It is…

Ending a Civil Partnership

Relevance: 10%      Posted on: 17th June 2016

This page provides information on dissolving or ending a civil partnership including the grounds and reasons for ending the civil partnership, how to make an application and information on the overall process.

Register and re-register a child’s birth

Relevance: 9%      Posted on: 14th August 2018

General Information Parents of a new-born child are legally required to register the child's birth in order to obtain a birth certificate and give him/her an official identity.  A child's birth must be registered within 42 days of his or her date of birth and the birth should be registered at the local register office for the area where the child was born.  Further information can be found here: www.gov.uk/register-birth Married parents Either parent can register the birth if they were married to each other at the time of the child's birth. The birth certificate will include both parent's details. …

Legal Aid for family law matters

Relevance: 9%      Posted on: 6th November 2015

This page provides information on getting help to pay for legal costs for family matters. It explains what legal aid is, when it is available and the type of help it covers. It also provides information on the evidence needed for legal aid in private disputes about arrangements for children.

Wardship

Relevance: 9%      Posted on: 22nd May 2015

This page explains the situation where the High Court can become a legal guardian for a child under the power of Wardship.

Travel and Relocation

Relevance: 8%      Posted on: 8th June 2018

This information page provides information on domestic & international travel and relocation. It will provide advice on the circumstances which require consent to be provided in order to travel domestically or internationally with a child and the options available if consent is not provided. Introduction NOTE: This information page provides the general legal position. There are circumstances in which a court order has terms included which are specific to the case in question and contradict the general legal position explained below. Therefore, consult the court order first (if there is a court order in place) as this will take precedence. …

Adoption (non-agency)

Relevance: 8%      Posted on: 17th August 2018

This page explains the legal process of non-agency adoption which involves placements that have not been arranged by a local authority or registered adoption agency. It explains who can adopt a child, what is process in order to apply for non-agency adoption and post-adoption contact.  What is non-agency adoption Non-agency adoption is the name given to adoption applications which involve a child who has not been placed with the prospective adopter by an adoption agency.  The principal categories of non-agency adoption are: Step-parent adoption (application by the partner of the parent of a child) Applications by local authority foster carers Applications…

Family mediation

Relevance: 8%      Posted on: 21st May 2015

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

Divorce

Relevance: 8%      Posted on: 17th June 2016

This page provides information on divorce including the grounds and reasons for divorce, how to make an application and information on the overall process.

Scott Schedule

Relevance: 8%      Posted on: 20th July 2018

What is a Scott Schedule A Scott Schedule is a schedule or table which is used in court proceedings in the Family Court in order to clearly set out the allegations which are in dispute.   The Judge will make directions for parties to submit a Scott Schedule, where necessary, and this will generally be required in advance of a fact-finding hearing. A fact-finding hearing is the name given to a court hearing where the Judge will determine if certain allegations are true or false.  A Scott Schedule should be as concise as possible and focused. Allegations which are pleaded should…

Declaration of parentage

Relevance: 8%      Posted on: 27th May 2015

This how to guide explains the steps that you can take to resolve a dispute about a child’s paternity including how to apply for a Declaration of Parentage stating who a child’s legal parents are.

Type of Family Law Orders

Relevance: 7%      Posted on: 17th June 2019

Private Children Law Orders Type of order Description Application form Guidance form Costs Child Arrangements Order Section 8 Children Act 1989 A Child Arrangements Order decides the arrangements for whom a child is to live with, spend time with or otherwise have contact with and when a child is to live, spend time or otherwise have contact with any person. C100 CB1 £215 Child Arrangements Order (Consent Order) If an agreement can be reached regarding the arrangements for a whom a child is to live with and spend time with then a Consent Order can be applied for. Consent Orders…

Special Guardianship

Relevance: 7%      Posted on: 16th July 2015

This page explains the situations where Special Guardianship might be appropriate to secure the long term arrangements for a child living with a person other than their parent. It explains the assessment process and support available.

Addressing Domestic Abuse in schools

Relevance: 7%      Posted on: 27th May 2016

This page provides information on the duties of schools to identify and tackle domestic abuse, including examples of good practice.

Police powers of protection & Emergency protection orders

Relevance: 7%      Posted on: 8th March 2018

This information page will set out the law surrounding Police protection and Emergency Protection Orders which are options available to use in an emergency when a child is at risk of imminent harm. Please see the table below to find out further information.  Police protection powers/Emergency protection orders  The table below is divided into two columns - Police protection powers and Emergency protection orders. The table includes the following information: Definition Legislative context Timescales Who is able to apply? What are the effects of such powers/orders? What are the duties on the responsible authority?  Police protection powers Emergency protection orders…

Addressing Domestic Abuse in schools

Relevance: 7%      Posted on: 31st May 2016

This page provides information on the duties of schools to identify and tackle domestic abuse, including examples of good practice.

Feedback

Relevance: 7%      Posted on: 16th July 2015

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Residence

Relevance: 7%      Posted on: 23rd July 2015

This how to guide explains the steps that you can take to have a child live with you including how to apply to court for a Child Arrangements Order for residence.

Residence

Relevance: 7%      Posted on: 22nd May 2015

This page explains the law on deciding where a child is to live including the different types of living arrangements and explaining the family court orders for residence.

Removal from Jurisdiction

Relevance: 7%      Posted on: 22nd May 2015

This how to guide explains the steps that you can take to lawfully move abroad with a child, including what the courts will consider under a Removal from Jurisdiction application.