Article archive

X v X [2012] EWHC 538 (Fam)

03/05/2012 19:38
  Judgment following final hearing in a settled financial remedy case, giving guidance as to the preparation and presentation of such cases. This judgment follows a final hearing in a financial remedies case. The case had had to be adjourned at the end of its seventh day as it had become...

H (A Child) [2012] EWCA Civ 281Court of Appeal

03/05/2012 19:34
Court of Appeal. Appeal in private law contact proceedings between the father of C, and C’s mother and her husband. The circuit judge had set aside, on appeal, a district judge’s decision and imposed a different conclusion without conducting a full evaluation process. Appeal allowed. The...

In the matter of S (a Child) [2012] UKSC 10

03/05/2012 19:31
Appeal by mother to the Supreme Court against an order of the English Court of Appeal that she should immediately return her son, aged two, to Australia. The mother relied on Art 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction 1980. Appeal allowed. BACKGROUND...

LSdC (A Child) [2012] EWHC 983 (Fam)

03/05/2012 19:24
LSdC (A Child) [2012] EWHC 983 Fam Residence dispute in which the father contended that the Portuguese court (which had been seised of the proceedings) retained jurisdiction whereas the mother wished the English courts to determine the matter. The father made an application for registration,...

Residence Order

29/04/2012 14:48
  A Residence order settles with whom the child lives and not to whom the child belongs. It also provides Parental Responsibility to the holder of the order for the lifetime of the order. The residence order usually lasts until the child turns 16 years of age unless due to exceptional...

Contact Order

29/04/2012 14:46
A contact order basically requires the person the child is living with to allow the child to stay or visit the person bearing the said order, or at least for the bearer and the child to keep in touch. A contact order is usually brought up when two parents cannot agree on the type of contact...

Practice Guidance 12 July 2010

29/04/2012 14:20
Practice Guidance: McKenzie Friends (Civil and Family Courts) LORD NEUBERGER MR AND SIR NICHOLAS WALL P 12 JULY 2010 Practice – Trial – Party acting in person – Right to assistance – McKenzie friend – Scope of right to assistance – Guidance. Cases referred to in practice...

Appeals applications practice directions

04/11/2011 15:15
Appeals Practice direction 30a 2010   deal with appeals. The Practice Direction comes into effect on the 6th April, the same day as the Rules generally. They set out the routes of appeal: namely that appeals from District Judges in either the family proceedings court or the county...

PRE-APPLICATION PROTOCOL FOR MEDIATION

04/11/2011 14:21
This Practice Direction supplementing the Family Procedure Rules 2010 is made by the President of the Family Division under the powers delegated to   him by the Lord Chief Justice under Schedule 2, Part 1 paragraph 2(2) of the Constitutional Reform Act 2005. and is approved by the...

Revised private law programme

04/11/2011 14:17
The Practice Direction below is made by the President of the Family Division under the powers delegated to him by the Lord Chief Justice under Schedule 2, Part 1, paragraph 2(2) of the Constitutional Reform Act 2005, and is approved by Bridget Prentice, Parliamentary Under Secretary of State, by...
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