NEW INFORMATION REGARDING LEGAL AID WITH REGARDS TO SPECIAL GUARDIANSHIP AND KINCARE

There will be no legal aid for parents or extended family members for private law applications except, subject to an assessment of means and merits:
Ø  parents or other parties to care proceedings who are applying for private law orders such as residence orders  as an alternative to a care order being made within care proceedings;
Ø  for the protective party applying for a court order to protect a child where there is evidence of child abuse ie: unspent conviction, ongoing criminal proceedings, protective injunction/undertaking, child protection plan, LA assessment that child at risk, or civil finding in the last 24 months (see Draft Civil Legal Aid (Procedure) Regulations 2012)
Ø  for the party at risk where evidenced domestic violence (unspent conviction, NMO, OO, FMPO, MARAC protection plan, civil finding in last 24 months); i
Ø  international (not domestic) child abduction applications;
Ø  child parties to proceedings.

Family Procedures Rules 2010 Forms

The new Family Procedures Rules 2010 establish a comprehensive modernised code of family procedure replacing a large body of unconsolidated rules, guidance and forms for different courts and different types of proceedings. The Rules came into force on the 6 April 2011.
The forms are available to download by clicking on the links below. Any supporting notes can be found on the same page as the individual form.
Follow us on Twitter, LinkedIn or Facebook for the latest developments.

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G

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Family Procedure Rules 2010 Practice Directions

The new Family Procedure Rules 2010 Practice Directions establish a comprehensive modernised code of family procedure replacing a large body of unconsolidated rules, guidance and forms for different courts and different types of proceedings. The Rules come into force on the 6 April 2011.
The Practice Directions are available to download as Pdf documents by clicking on the links below.
Follow us on Twitter, LinkedIn or Facebook for the latest developments.

Part 1 – Overriding Objective

Part 2 – Application And Interpretation Of The Rules

Part 3 – Alternative Dispute Resolution: The Court’s Powers

Part 4 – General Case Management Powers

Part 5 – Forms And Start Of Proceedings

Part 6 – Service

Part 7 – Procedure For Applications In Matrimonial And Civil Partnership Proceedings

Part 8 – Procedure For Miscellaneous Applications

Part 9 – Applications For A Financial Remedy

Part 10 – Applications Under Part 4 Of The Family Law Act 1996

Part 11 – Applications Under Part 4A Of The Family Law Act 1996

Part 12 – Proceedings Relating To Children Except Parental Order Proceedings And Proceedings For Applications In Adoption, Placement And Related Proceedings

Part 13 – Proceedings Under Section 54 Of The Human Fertilisation And Embryology Act 2008

Part 14 – Procedure For Applications In Adoption, Placement And Related Proceedings

Part 15 – Representation Of Protected Parties

Part 16 – Representation Of Children And Reports In Proceedings Involving Children

Part 17 – Statements Of Truth

Part 18 – Procedure For Other Applications In Proceedings

Part 19 – Alternative Procedure For Applications

Part 20 – Interim Remedies And Security For Costs

Part 21 – Miscellaneous Rules About Disclosure And Inspection Of Documents

Part 22 – Evidence

Part 23 – Miscellaneous Rules About Evidence

Part 24 – Witnesses, Depositions Generally And Taking Of Evidence In Member States Of The European Union

Part 25 – Experts And Assessors

Part 26 – Change Of Solicitor

Part 27 – Hearings And Directions Appointments

Part 28 – Costs

Part 29 – Miscellaneous

Part 30 – Appeals

Part 31 – Registration Of Orders Under The Council Regulation, The Civil Partnership (Jurisdiction And Recognition Of Judgments) Regulations 2005 And Under The Hague Convention 1996

Part 32 – Registration And Enforcement Of Orders

Part 33 – Enforcement

Part 34 – Reciprocal Enforcement Of Maintenance Orders

Part 35 – Mediation Directive

Part 36 – Transitional Arrangements And Pilot Schemes

Practice guidelines change of Solicitor.

Family Procedures Rules 2010 Forms

The new Family Procedures Rules 2010 establish a comprehensive modernised code of family procedure replacing a large body of unconsolidated rules, guidance and forms for different courts and different types of proceedings. The Rules come into force on the 6 April 2011.
The Forms are available to download as Pdf documents by clicking on the links below.

Master of the Rolls’ Practice Guidance of March 2013: Terminology for Litigants in Person

The Health And Social Care Act 2012 (Commencement No.4,Transitional, Savings And Transitory Provisions) Order 2013

The Health and Social Care Act 2012 (Commencement No.4,Transitional, Savings and Transitory Provisions) Order 2013
 

The Immigration (Procedure For Formation Of Civil Partnerships)

The Civil Procedure (Amendment) Rules 2013

Family Procedure Rules 2010 – New Practice Direction 25A




Law Society Practice Note of 1 February 2013: Client Care Letters


Major Reforms To Support Children And Families The Children And Families Bill, Published Today, Includes Reforms To Adoption, Family Justice, An Overhaul

Major reforms to support children and families
The Children and Families Bill, published today, includes reforms to adoption, family justice, an overhaul of Special Educational Needs, reinforcing the role of the Children’s Commissioner and plans to introduce childminders agencies. Full story: Department for Education.
Brain-damaged groom was ‘mentally incapable’ of understanding commitment
A man who married his childhood sweetheart in his fifties after the pair rekindled their young love has had his marriage declared invalid by a judge as he was not capable of understanding the meaning of a lifelong commitment. Full story: Daily Mail.
Second reading of Marriage (Same Sex Couples) Bill this week
Conservative activists urge Prime Minister to delay the Bill. Full story: Family Law Week.
Budget 2013: No tax break for married couples
The government will not introduce a tax break for married couples in next month’s Budget, it has emerged. Full story: BBC News.
Children’s Commissioner calls for comprehensive impact assessments of Government’s judicial review proposals
The Office of the Children’s Commissioner for England has published its response to the proposals of the Ministry of Justice for reform of judicial review. Full story: Family Law Week.
Mental health services must involve patients in their care decisions, says CQC annual report
The Care Quality Commission’s Mental Health Act Annual Report reveals that 15 per cent of people receiving care under the Act are not being involved in the decisions made about their care. Full story: Family Law Week.
Sharia divorces could be allowed after legal ruling
Divorces settled by religious courts including Sharia are a step closer to being allowed under British law after a landmark legal decision [the AI v MT case – see below]. Full story: The Telegraph. See, however, the UK Human Rights Blog post, below.
New approach to expert evidence in family proceedings
New rules have come into force which will mean judges can streamline proceedings in family courts by reducing the number of expert witnesses who have to give evidence. Full story: Judicial Office. The new FPR 2010, Part 25 – see also the Family Law article and the post by suesspiciousminds, both below.
Sperm donors given leave to apply for contact with children
In the High Court Mr Justice Baker has ordered that known sperm donors can apply for Children Act 1989 section 8 orders in respect of children, despite having no legal relationship with them under the Human Fertilisation and Embryology Act 2008. The S v D & E case – see below. Full story: Family Law Week.
Butler-Sloss condemns advice cuts
Removing funding for a service that helps litigants in person on the day wide-ranging legal aid cuts take effect will create ‘absolute disarray’ in the courts, a former head of the family division has warned. Full story: Law Society Gazette.
UK residents (under 65) living in married households have declined by 6% in last ten years
The latest statistical bulletin, published by the Office for National Statistics and derived from the 2011 census, focuses on the structure of households. Full story: Family Law Week.
Social workers to gain powers to enter homes in abuse cases
Social workers in Wales would gain powers to enter homes where abuse is suspected to assess adults at risk under legislation to overhaul social services in Wales. Full story: Community Care.
STATUTORY INSTRUMENT
Civil Partnership Act 2004 (Overseas Relationships) Order 2012
This Order amends Schedule 20 to the Civil Partnership Act 2004.
PRACTICE DIRECTIONS
New Practice Direction 25A
This Practice Direction and Practice Directions 25B to E relate to expert evidence and supplement FPR.
New Practice Direction 25B
This Practice Direction supplements FPR Part 25 and relates to the duties of an expert, the expert’s report and arrangements for an expert to attend court.
New Practice Direction 25C
This Practice Direction supplements FPR Part 25 and relates to Children Proceedings – The Use of Single Joint Experts and the Process Leading to an Expert Being Instructed or Expert Evidence Being Put Before the Court.
New Practice Direction 25D
This Practice Direction supplements FPR Part 25 and relates to Financial Remedy Proceedings and Other Family Proceedings (Except Children Proceedings) – The Use of Single Joint Experts and the Process Leading to Expert Evidence Being Put Before the Court.
New Practice Direction 25E
This Practice Direction supplements FPR Part 25 and relates to discussions between experts in family proceedings.
New Practice Direction 25F
This Practice Direction supplements FPR Part 25 and relates to assessors in family proceedings.
FPR PD15B – adults who may be protected parties and children who may become protected parties in family proceedings
Coming into force on 31 January 2013 is FPR Practice Direction 15B – adults who may be protected parties and children who may become protected parties in family proceedings, which supplements FPR Part 15 (representation of protected parties).
CASES
W v W [2012] EWHC 2469 (Fam) (3 September 2012)
Application for financial relief and application by the Crown to vary a restraint order imposed by the Crown Court. Full report: Family Law Week.
S v D & E [2013] EWHC 134 (Fam) (31 January 2013)
Applications by two sperm donors for leave to apply for contact with children. Leave granted. Full report: Bailii. See also the news story above, and the post by suesspiciousminds, below.
Re M (Contact) [2013] EWCA (17 January 2013)
Appeal against dismissal of parents’ application for contact with children in care. Appeal dismissed. Report: Family Law.
W (A Child) [2012] EWCA Civ 1828 (12 December 2012)
Appeal by parents against care and placement orders. Appeal dismissed. Full report: Family Law Week.
AI v MT [2013] EWHC 100 (Fam) (30 January 2013)
Financial remedy judgment after consent order agreed in arbitration carried out by rabbinical authorities. Full report: Bailii. See also the news story above, and the UK Human Rights Blog post, below.
Re YM (Father’s Contact: Anger Management Issues) [2013] EWCA (22 January 2013)
Appeal by mother against contact order made after the judge accepted a report from the father’s GP stating he suffered from no anger problems. Appeal allowed. Report: Family Law.
Re C (Abduction: Consent Order: Appeal) [2013] EWCA (24 January 2013)
Appeal by father against revocation of return order made by consent, on the basis that the mother had been subjected to extreme pressure by her barrister. Appeal allowed. Report: Family Law.
Re H (United Mexican States Intervening) [2013] EWCA (23 January 2013)
Appeal by mother against refusal of her application for summary return of the child to Mexico. Appeal dismissed. Report: Family Law.
Re Y (Abduction: Undertakings Given For Return of Child) [2013] EWCA (22 January 2013)
Mother ordered to return child to Cyprus. She appealed on the basis that the father’s undertakings would not be recognised by Cypriot court. Appeal dismissed. Report: Family Law.
ARTICLES
Jurisdiction of same-sex marriages
“On Friday the government published its draft legislation for the debate on redefining marriage by introducing same-sex marriage. It is the Marriage (Same-sex Couples) Bill 2013.” David Hodson looks at the implications, in this article on Family Law.
Undue Influence in the Family – A 2013 Update
Luke Barnes, barrister at Three Dr Johnson’s Buildings, examines the issue of undue influence in family matters. Full article: Family Law Week.
Under attack
David Burrows warns of an assault on family law, in this article in New Law Journal.
The new FPR 2010, Part 25 (Experts and Assessors) and accompanying practice directions come in to force today. What changes do they make?
On 31 January 2013, the new FPR 2010, Part 25 and accompanying practice directions come into force. Full article: Family Law.
Confidentiality and children being heard – privately?
“Privilege and confidentiality are topical”, says David Burrows in this article on Family Law.
BLOG POSTS
Is there a meaningful right to silence in care cases?
Suesspiciousminds asks the question in this post.
“A Judge too far”
A quick discussion on the Court of Appeal decision in Re J-L (Children) 2012. Full post: suesspiciousminds.
Court opens way to divorces by Sharia? Hold on a minute…
The Times (amongst others) today deserves a spell on the legal naughty step. Its headline announces that a judge’s decision “opens way to divorces by Sharia“. The AI v MT case – see above. Full post: UK Human Rights Blog.
“Biological parent versus legal parents – OR Judge Fudge is far too busy being delicious”
A discussion of the High Court decision in Re S v D &E 2013 [above], in which the High Court determined that a man who had donated sperm which led to the birth of a child could make an application under the Children Act 1989, although leave would be required. Full post: suesspiciousminds.
Letters of Destruction
“You may well have heard that the new guidance on the instruction of experts came into force today. If it is actually enforced, it will significantly reduce the number of experts and at the same time significantly increase the amount of preparatory work prior to requesting the involvement of an expert.” Says suesspiciousminds (who else?) in this post.
Case Preview: In the Matter of L-B (Children)
Re L-B (Children), heard in the Supreme Court last week, concerns a judge’s power to change her decision where oral judgment ha



New Part 25 of FPR introduced to speed up family proceedings


Restrictions imposed on expert evidence adduced in children cases.

Law Society Guidance of 24 January 2013: Instructing a barrister – new standard contractual terms

Prior Authorities For Experts In Family Cases

Use Of Experts In Legally Aided Cases

Guidance Published By LSC On Prior Authority For Experts In Family Cases

HIGH COURT LITIGANTS IN PERSON GUIDE




The Children (Northern Ireland) Order 1995





ATTENDANCE OF SOLICITORS AT LOCAL AUTHORITY CHILDRENS ACT MEETINGS


FINANCIAL RESOLUTION DISPUTE BEST PRACTICE GUIDANC

Law Society Guidance of 24 January 2013: Instructing a barrister – new standard contractual terms

The Child Maintenance And Other Payments Act 2008 (Commencement

The Family Procedure (Amendment) (No.5) Rules 2012, SI 2012/3061

Changes To Family Procedure Rules Laid Before Parliament Ministy Of Justice

Changes to Family Procedure Rules laid before Parliament
Ministy of Justice Logo
As you may be aware, the Family Justice Review made a number of recommendations to improve the use of experts in family proceedings.
The intention is to make changes to ensure expert evidence is used only where it is necessary, in the opinion of the court, to assist the court in resolve the proceedings. Changes are also intended to address the culture identified by the Review of over-use of expert reports in care proceedings, even when they add little value.
As part of this process of change, the Family Procedure Rule Committee (FPRC) has developed a number of amendments to Part 25 of the Family Procedure Rules (FPR), which deal with experts and assessors. The Family Procedure Rules govern the procedures used in family courts in England and Wales.
Today the amendments to these rules were laid before Parliament and they will be available shortly on the legislation website . The rules insert a new Part 25 (Experts and Assessors) into the Family Procedure Rules 2010.
The changes to the existing Part 25 include the following:
  • a change to the test for permission to put expert evidence before the court from ‘reasonably required’ to ‘necessary’. In proceedings relating to children, the new test also applies to permission to instruct an expert and for a child to be examined or assessed to obtain expert evidence for use in the proceedings;
  • the inclusion of specific factors which the court should consider when deciding whether to give permission for expert evidence, including the impact on the timetable and conduct of the proceeding and the cost. Additional factors are included for proceedings relating to children. These include what other expert evidence is available (including any obtained before the start of proceedings) and whether the evidence could be obtained from another source such as one of the parties;
  • in proceedings relating to children, an application for permission to instruct an expert should state the questions which the expert is required to answer which the court needs to approve.
The rules will come into force on 31 January 2013 and will apply to existing proceedings as well as proceedings started after that date. New Practice Directions (which provide supplementary guidance to support the FPR) will also take effect on 31 January 2013.
Once in force, the rules and Practice Directions will be available on the Family Procedure Rules section of the Ministry of Justice website.
This is a first step in a comprehensive programme to tackle the current delays in care proceedings which are unacceptable and not in children’s interests.
The Government’s proposed family justice legislation, which includes provisions on expert evidence, will, if passed, eventually supersede parts of the amended FPR. This Bill is currently undergoing pre-legislative scrutiny. We will keep you updated with progress.

Family Mediation Information and Assessment Form FM1 – Attach to PD 3A




FAMILY FEES SCHEME EXCLUDING ADVOCACY


GUIDANCE FOR MEDIA REPORTING CHILD ABUSE AND NEGLECT

DECISION MAKING WITHIN A CHILDS TIME FRAME

STANDARD DIRECTIONS IN HAGUE CONVENTION CASES INVOLVING CAFCASS HIGH COURT TEAM

Family Law High Cost Cases LSC GUIDANCE

Shared Parenting’ Provision To Be Inserted Into Childrens Act Section 1

Decision Making With A Childs Timescale

The explanatory notes and process diagram are here. Shared parenting

The Hague Convention On Jurisdiction, Applicable Law, Recognition, Enforcement And Co-Operation In Respect Of Parental Responsibility And Measures For

The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (the “1996 Hague Convention“) comes into force on 1 November 2012. Although the 1996 Hague Convention was concluded 16 years ago, it has only been ratified by the United Kingdom this year. Click here for a list of the other Contracting States.
The subject matter of the 1996 Hague Convention is wide ranging, covering not just the physical protection of children but also matters such as parental responsibility, contact, residence, children’s property, guardianship, foster parents and more. The main areas it deals with are helpfully listed in the title:
  • Jurisdiction – The 1996 Hague Convention sets out rules governing which Contracting State’s courts will have jurisdiction in children cases. The country in which the child is habitually resident will have jurisdiction, although there are exceptions to this rule. The rules relating to jurisdiction are found in Articles 5-14 of the Convention
  • Applicable law – The general rule is that each Contracting State should apply its own law (if it has jurisdiction). The rules relating to applicable law are found in Articles 15-22 of the Convention.
  • Recognition and enforcement – The default position is that a court’s decision in one Contracting State must be recognised “by operation of law” in all other Contracting States, without any further proceedings being necessary. This may be useful in relocation cases (for example, enabling a contact order in favour of a left-behind parent to be recognised without the need for proceedings for “mirror orders”). There are some circumstances in which recognition can be refused, which are listed at Article 23. The procedure for enforcement of orders remains to be determined by each particular Contracting State according to its national law. However, the Convention makes it clear that the procedure for enforcement should be “simple and rapid”. The rules relating to recognition and enforcement are found in Articles 23-28 of the Convention.
  • Co-operation – The Convention contains provisions for Contracting States to co-operate in order to protect children, such as providing for the relevant child protection authorities in one Contracting State to request a report on a child in another Contracting State and to seek measures to protect the child. The rules relating to co-operation are found in Articles 29-39 of the Convention.
The 1996 Hague Convention does not apply to every case involving a child (a list of the areas it does not apply to are set out at Article 4) but, because of its very wide scope, it will come into play in most child care cases with a foreign element, including child abduction cases (alongside the 1980 Hague Abduction Convention). The Convention will, therefore, have a major impact on practitioners whose caseload includes any child care cases involving Contracting States. As a result, they will need to be aware of the effect the Convention will have in such cases and familiar with the text of the Convention itself.
The full text version of the 1996 Hague Convention is available below, as is the full text version of the connected regulations(The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010, SI 2010/1898).
The 1996 Hague Convention on the Protection of Children by Nigel Lowe QC and Michael Nicholls QC provides a comprehensive guide to the complexities of the 1996 Convention, including detailed coverage of the relationship with other international instruments such as the revised Brussels II Regulation.
Amy Royce-Greensill is a Family Law PSL at Jordan Publishing and was formerly a family solicitor practising in London.

Downloads

Parental Responsibility And Measures For The Protection Of Children

ARTICLES OF AGREEMENT AND FRAMEWORK FOR LEGAL ADVOCACY

ARTICLES OF AGREEMENT AND FRAMEWORK AGREEMENT FOR LEGAL ADVOCACY

Bar Council Publishes Templates For Agreements Between Chambers And Local Authoritie

Bar Council publishes templates for agreements between chambers and local authorities

Framework agreement and detailed articles available.

FAMILY ARBITRATOR

The Child Maintenance And Other Payments Act 2008 (Commencement No. 9) And The Welfare Reform Act 2009 (Commencement No. 9) Order 2012

The Child Maintenance and Other Payments Act 2008 (Commencement No. 9) and the Welfare Reform Act 2009 (Commencement No. 9) Order 2012

The Civil Procedure (Amendment No.2) Rules 2012

The Children Fees Amendment Regulations 2012

MACKENZIE FRIENDS GUIDELINES NORTHERN IRELAND

BAAF statement on Placement Orders: Good practice to be followed by local authorities faced with application for leave to apply for revocation




The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012


The Family Procedure (Amendment No. 3) Rules 2012

The Allocation and Transfer of Proceedings (Amendment) (No.2) Order 2012

The Civil Courts (Amendment) (No. 2) Order 2012

The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012

Law Society Practice Note: Providing Services To Deaf And Hard Of Hearing People

Law Society Practice Note: Equality and diversity requirements: SRA Handbook

The Child Maintenance And Other Payments Act 2008 (Commencement No. 8) Order 2012

The Child Maintenance and Other Payments Act 2008 (Commencement No. 8) Order 2012

Habeas Corpus Witness Statement.doc

Free legal guides

The Children’s Legal Centre’s Free Legal Dowloads

You can also download free legal information about the following:

FORCED MARRIAGE GUIDANCE

Updated Family Procedures Rules Practice Directions

Updated Family Procedures Rules Practice Directions
Family Procedures Rules – Practice Direction 2A – Functions of the Court in the Family Procedure Rules 2010
Family Procedures Rules 2010 – Practice Direction 5A – FormsFamily Procedures Rules 2010 – Practice Direction 6A – Service with…Family Procedures Rules 2010 – Practice Direction 7A – Procedure fo…Family Procedures Rules 2010 – Practice Direction 7B – Medical Exam…Family Procedures Rules 2010 – Practice Direction 9A – Application …Family Procedures Rules 2010 – Practice Direction 12B – The Revised…Family Procedures Rules 2010 – Practice Direction 14B – The First D…Family Procedures Rules 2010 – Practice Direction 27A – Family Proc…Family Procedures Rules 2010 – Practice Direction 34A – Reciprocal …Family Procedures Rules 2010 – Practice Direction 36A – Transitiona…

Framework For Assessments – CHILDREN IN NEED & THEIR FAMILIES

The assessment framework, practice guidance, questionnaires and scales, assessment recording forms
Document type:     Guidance
Author:         Department of Health
Published date:     15 June 2000
Primary audience:     Professionals
Product number:     ISBN 0113224257
Gateway reference:     2000
Pages:             4
Copyright holder:     Crown
The development of the Framework for the Assessment of Children in Need and their Families (jointly issued by the Department of Health, the Department for Education and Employment and the Home Office, 2000) has drawn heavily, from many disciplines, on the wealth of research and accumulated practice experience about the developmental needs of children. The aim of the practice guidance is to make transparent the evidence base for the Assessment Framework, thereby assisting professionals in their tasks of analysis, judgement and decision making.
The Framework documents are available to download below, and can also be ordered from the Stationery Office.
Contains four items:
(1) ‘Framework for the assessment of children in need and their families’, (ISBN 0 11322 310 2)
(2) ‘Assessing children in need and their families: practice guidance’, (ISBN 0 11322 418 4)
(3) Folder: ‘Framework for the assessment of children in need and their families: the family pack of questionnaires and scales’, contains 50 p publication of same title,  with ‘Strengths and difficulties’ questionnaire check sheet transparency, plus [40] loose pages (ISBN 0 11322 426 5);
(4) Folder: ‘Framework for the assessment of children in need and their families: Referral and initial record information record; Initial assessment record; Core assessment records; Assessment recording forms: guidance notes and glossary’; contains publication: ‘Framework for the assessment of children in need and their families; guidance notes and glossary for: referral and initial information record, initial assessment record and core assessment record’ (ISBN 0 11322 424 9); also contains
1 double-sided sheet, ‘Referral and initial information record’
1 four-page pamphlet, ‘Initial assessment record’ (ISBN 0 11322 437 0)
5 ‘Framework for the assessment of children in need and their families’ core assessment booklets, covering child age ranges: 0-2 years (ISBN 0 11322 419 2), 3-4 years, 5-9 years (ISBN 0 11322 421 4), 10-14 years (ISBN 0 11322 422 2), young person aged 15 years and over (ISBN 0 11322 423 0).

Family Procedure Rules 2010 Part 14 – Adoption, Placement, & Related

Family Procedure Rules 2010 Part 14 – Adoption, Placement, & Related

Contents of this Part
TitleNumber
Application of this Part and interpretationRule 14.1
Application for a serial numberRule 14.2
Who the parties areRule 14.3
Notice of proceedings to person with foreign parental responsibilityRule 14.4
Who is to serveRule 14.5
What the court or a court officer will do when the application has been issuedRule 14.6
Date for first directions hearingRule 14.7
The first directions hearingRule 14.8
Requesting the court to dispense with the consent of any parent or guardianRule 14.9
ConsentRule 14.10
Reports by the adoption agency or local authorityRule 14.11
Health reportsRule 14.12
Confidential reports to the court and disclosure to the partiesRule 14.13
Communication of information relating to proceedingsRule 14.14
Notice of final hearingRule 14.15
The final hearingRule 14.16
Proof of identity of the childRule 14.17
Disclosing information to an adopted adultRule 14.18
Translation of documentsRule 14.19
Application for recovery ordersRule 14.20
Inherent jurisdiction and fathers without parental responsibilityRule 14.21
Timing of applications for section 89 orderRule 14.22
Custody of documentsRule 14.23
Documents held by the court not to be inspected or copied without the court’s permissionRule 14.24
OrdersRule 14.25
Copies of ordersRule 14.26
Amendment and revocation of ordersRule 14.27
Keeping registers in the family proceedings courtRule 14.28

Application Of This Part And Interpretation

14.1

(1) The rules in this Part apply to the following proceedings –
(a) adoption proceedings;
(b) placement proceedings; and
(c) proceedings for –
(i) the making of a contact order under section 26 of the 2002 Act1;
(ii) the variation or revocation of a contact order under section 27 of the 2002 Act;
(iii) an order giving permission to change a child’s surname or remove a child from the United Kingdom under section 28(2) and (3) of the 2002 Act;
(iv) a section 84 order;
(v) a section 88 direction;
(vi) a section 89 order; or
(vii) any other order that may be referred to in a practice direction.
(2) In this Part –
‘Central Authority’ means –
(a) in relation to England, the Secretary of State; and
(b) in relation to Wales, the Welsh Ministers;
‘Convention adoption order’ means an adoption order under the 2002 Act which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 19992 (regulations giving effect to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, concluded at the Hague on 29th May 1993), is made as a Convention adoption order;
‘guardian’ means –
(a) a guardian (other than the guardian of the estate of a child) appointed in accordance with section 5 of the 1989 Act3; and
(b) a special guardian within the meaning of section 14A of the 1989 Act4;
‘provision for contact’ means a contact order under section 8 or 34 of the 1989 Act or a contact order under section 26 of the 2002 Act;
‘section 88 direction”‘ means a direction given by the High Court under section 88 of the 2002 Act that section 67(3) of that Act (status conferred by adoption) does not apply or does not apply to any extent specified in the direction.

Application For A Serial Number

14.2

(1) This rule applies to any application in proceedings by a person who intends to adopt the child.
(2) If, before the proceedings have started, the applicant requests a court officer to assign a serial number to identify the applicant in connection with the proceedings in order for the applicant’s identity to be kept confidential in those proceedings, a serial number will be so assigned.
(3) The court may at any time direct that a serial number identifying the applicant in the proceedings referred to in paragraph (2) must be removed.
(4) If a serial number has been assigned to a person under paragraph (2) –
(a) the court officer will ensure that any application form or application notice sent in accordance with these rules does not contain information which discloses, or is likely to disclose, the identity of that person to any other party to that application who is not already aware of that person’s identity; and
(b) the proceedings on the application will be conducted with a view to securing that the applicant is not seen by or made known to any party who is not already aware of the applicant’s identity except with the applicant’s consent.

Who The Parties Are

14.3

(1) In relation to the proceedings set out in column 1 of the following table, column 2 sets out who the application may be made by and column 3 sets out who the respondents to those proceedings will be.
Proceedings forApplicantsRespondents
An adoption order (section 46 of the 2002 Act)The prospective adopters (sections 50 and 51 of the 2002 Act)4
  • Each parent who has parental responsibility for the child unless that parent has given notice under section 20(4)(a) of the 2002 Act (statement of wish not to be informed of any application for an adoption order) which has effect;
    any guardian of the child unless that guardian has given notice under section 20(4)(a) of the 2002 Act (statement of wish not to be informed of any application for an adoption order) which has effect;
    any person in whose favour there is provision for contact;
    any adoption agency having parental responsibility for the child under section 25 of the 2002 Act;
    any adoption agency which has taken part at any stage in the arrangements for adoption of the child;
    any local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given;
    any local authority or voluntary organisation which has parental responsibility for, is looking after or is caring for, the child; and
    the child where –
    —  permission has been granted to a parent or guardian to oppose the making of the adoption order (section 47(3) or 47(5) of the 2002 Act);
    —  the child opposes the making of an adoption order;
    —  a children and family reporter recommends that it is in the best interests of the child to be a party to the proceedings and that recommendation is accepted by the court;
    —  the child is already an adopted child;
    —  any party to the proceedings or the child is opposed to the arrangements for allowing any person contact with the child, or a person not being allowed contact with the child after the making of the adoption order;
    —  the application is for a Convention adoption order or a section 84 order;
    —  the child has been brought into the United Kingdom in the circumstances where section 83(1) of the 2002 Act applies (restriction on bringing children in);
    —  the application is for an adoption order other than a Convention adoption order and the prospective adopters intend the child to live in a country or territory outside the British Islands after the making of the adoption order; or
    —  the prospective adopters are relatives of the child
A section 84 orderThe prospective adopters asking for parental responsibility prior to adoption abroadAs for an adoption order
A placement order (section 21 of the 2002 Act)A local authority (section 22 of the 2002 Act)
  • Each parent who has parental responsibility for the child: any guardian of the child;
    any person in whose favour an order under the 1989 Act is in force in relation to the child;
    any adoption agency or voluntary organisation which has parental responsibility for, is looking after, or is caring for, the child;
    the child; and
    the parties or any persons who are or have been parties to proceedings for a care order in respect of the child where those proceedings have led to the application for the placement order
An order varying a placement order (section 23 of the 2002 Act)The joint application of the local authority authorised by the placement order to place the child for adoption and the local authority which is to be substituted for that authority (section 23 of the 2002 Act)
  • The parties to the proceedings leading to the placement order which it is sought to have varied except the child who was the subject of those proceedings; and
    any person in whose favour there is provision for contact
An order revoking a placement order (section 24 of the 2002 Act)
  • The child;
    the local authority authorised to place the child for adoption; or
    where the child is not placed for adoption by the authority, any other person who has the permission of the court to apply (section 24 of the 2002 Act)
  • The parties to the proceedings leading to the placement order which it is sought to have revoked; and
    any person in whose favour there is provision for contact
A contact order (section 26 of the 2002 Act6)
  • The child;
    the adoption agency;
    any parent, guardian or relative;
    any person in whose favour there was provision for contact under the 1989 Act which ceased to have effect on an adoption agency being authorised to place a child for adoption, or placing a child for adoption who is less than six weeks old (section 26(1) of the 2002 Act);
    a person in whose favour there was a residence order in force immediately before the adoption agency was authorised to place the child for adoption or placed the child for adoption at a time when the child was less than six weeks old;
    a person who by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children had care of the child immediately before that time; or
    any person who has the permission of the court to make the application (section 26 of the 2002 Act)
  • The adoption agency authorised to place the child for adoption or which has placed the child for adoption;
    the person with whom the child lives or is to live;
    each parent with parental responsibility for the child;
    any guardian of the child; and the child where –
    —  the adoption agency authorised to place the child for adoption or which has placed the child for adoption or a parent with parental responsibility for the child opposes the making of the contact order under section 26 of the 2002 Act;
    —  the child opposes the making of the contact order under section 26 of the 2002 Act;
    —  existing provision for contact is to be revoked;
    —  relatives of the child do not agree to the arrangements for allowing any person contact with the child, or a person not being allowed contact with the child; or
    —  the child is suffering or is at risk of suffering harm within the meaning of the 1989 Act
An order varying or revoking a contact order (section 27 of the 2002 Act)
  • The child;
    the adoption agency; or
    any person named in the contact order (section 27(1) of the 2002 Act)
  • The parties to the proceedings leading to the contact order which it is sought to have varied or revoked; and
    any person named in the contact order
An order permitting the child’s name to be changed or the removal of the child from the United Kingdom (section 28(2) and (3) of the 2002 Act)Any person including the adoption agency or the local authority authorised to place, or which has placed, the child for adoption (section 28(2) of the 2002 Act)
  • The parties to proceedings leading to any placement order;
    the adoption agency authorised to place the child for adoption or which has placed the child for adoption;
    any prospective adopters with whom the child is living;
    each parent with parental responsibility for the child; and
    any guardian of the child
A section 88 direction
  • The adopted child;
    the adopters;
    any parent; or
    any other person
  • The adopters;
    the parents;
    the adoption agency;
    the local authority to whom notice under section 44 of the 2002 Act (notice of intention to apply for a section 84 order) has been given; and
    the Attorney-General
A section 89 order.
  • The adopters;
    the adopted person;
    any parent;
    the relevant Central Authority;
    the adoption agency;
    the local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given;
    the Secretary of State for the Home Department; or
    any other person
  • The adopters;
    the parents;
    the adoption agency; and
    the local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given.
(2) The court may at any time direct that a child, who is not already a respondent to proceedings, be made a respondent to proceedings where –
(a) the child –
(i) wishes to make an application; or
(ii) has evidence to give to the court or a legal submission to make which has not been given or made by any other party; or
(b) there are other special circumstances.
(3) The court may at any time direct that –
(a) any other person or body be made a respondent to proceedings; or
(b) a party be removed.
(4) If the court makes a direction for the addition or removal of a party, it may give consequential directions about –
(a) serving a copy of the application form on any new respondent;
(b) serving relevant documents on the new party; and
(c) the management of the proceedings.

Notice Of Proceedings To Person With Foreign Parental Responsibility

14.4

(1) This rule applies where a child is subject to proceedings to which this Part applies and –
(a) a parent of the child holds or is believed to hold parental responsibility for the child under the law of another State which subsists in accordance with Article 16 of the 1996 Hague Convention following the child becoming habitually resident in a territorial unit of the United Kingdom; and
(b) that parent is not otherwise required to be joined as a respondent under rule 14.3.
(2) The applicant shall give notice of the proceedings to any parent to whom the applicant believes paragraph (1) applies in any case in which a person who was a parent with parental responsibility under the 1989 Act would be a respondent to the proceedings in accordance with rule 14.3.
(3) The applicant and every respondent to the proceedings shall provide such details as they possess as to the identity and whereabouts of any parent they believe to hold parental responsibility for the child in accordance with paragraph (1) to the court officer, upon making, or responding to the application as appropriate.
(4) Where the existence of such a parent only becomes apparent to a party at a later date during the proceedings, that party must notify the court officer of those details at the earliest opportunity.
(5) Where a parent to whom paragraph (1) applies receives notice of proceedings, that parent may apply to the court to be joined as a party using the Part 18 procedure.

Who Is To Serve

14.5

(1) The general rules about service in Part 6 are subject to this rule.
(2) In proceedings to which this Part applies, a document which has been issued or prepared by a court officer will be served by the court officer except where –
(a) a practice direction provides otherwise; or
(b) the court directs otherwise.
(3) Where a court officer is to serve a document, it is for the court to decide which of the methods of service specified in rule 6.23 is to be used.

What The Court Or A Court Officer Will Do When The Application Has Been Issued

14.6

(1) As soon as practicable after the application has been issued in proceedings –
(a) the court will –
(i) if section 48(1) of the 2002 Act (restrictions on making adoption orders) applies, consider whether it is proper to hear the application;
(ii) subject to paragraph (4), set a date for the first directions hearing;
(iii) appoint a children’s guardian in accordance with rule 16.3(1);
(iv) appoint a reporting officer in accordance with rule 16.30;
(v) consider whether a report relating to the welfare of the child is required, and if so, request such a report in accordance with rule 16.33;
(vi) set a date for the hearing of the application; and
(vii) do anything else that may be set out in a practice direction; and
(b) a court officer will –
(i) subject to receiving confirmation in accordance with paragraph (2)(b)(ii), give notice of any directions hearing set by the court to the parties and to any children’s guardian, reporting officer or children and family reporter;
(ii) serve a copy of the application form (but, subject to sub-paragraphs (iii) and (iv), not the documents attached to it) on the persons referred to in Practice Direction 14A;
(iii) send a copy of the certified copy of the entry in the register of live-births or Adopted Children Register and any health report attached to an application for an adoption order to –
(aa) any children’s guardian, reporting officer or children and family reporter; and
(bb) the local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given;
(iv) if notice under rule 14.9(2) has been given (request to dispense with consent of parent or guardian), in accordance with that rule inform the parent or guardian of the request and send a copy of the statement of facts to –
(aa) the parent or guardian;
(bb) any children’s guardian, reporting officer or children and family reporter;
(cc) any local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given; and
(dd) any adoption agency which has placed the child for adoption; and
(v) do anything else that may be set out in a practice direction.
(2) In addition to the matters referred to in paragraph (1), as soon as practicable after an application for an adoption order or a section 84 order has been issued the court or the court officer will –
(a) where the child is not placed for adoption by an adoption agency –
(i) ask either the Service or the Assembly to file any relevant form of consent to an adoption order or a section 84 order; and
(ii) ask the local authority to prepare a report on the suitability of the prospective adopters if one has not already been prepared; and
(b) where the child is placed for adoption by an adoption agency, ask the adoption agency to –
(i) file any relevant form of consent to –
(aa) the child being placed for adoption;
(bb) an adoption order;
(cc) a future adoption order under section 20 of the 2002 Act; or
(dd) a section 84 order;
(ii) confirm whether a statement has been made under section 20(4)(a) of the 2002 Act (statement of wish not to be informed of any application for an adoption order) and if so, to file that statement;
(iii) file any statement made under section 20(4)(b) of the 2002 Act (withdrawal of wish not to be informed of any application for an adoption order) as soon as it is received by the adoption agency; and
(iv) prepare a report on the suitability of the prospective adopters if one has not already been prepared.
(3) In addition to the matters referred to in paragraph (1), as soon as practicable after an application for a placement order has been issued –
(a) the court will consider whether a report giving the local authority’s reasons for placing the child for adoption is required, and if so, will direct the local authority to prepare such a report; and
(b) the court or the court officer will ask either the Service or the Assembly to file any form of consent to the child being placed for adoption.
(4) Where it considers it appropriate the court may, instead of setting a date for a first directions hearing, give the directions provided for by rule 14.8.

Date For First Directions Hearing

14.7

Unless the court directs otherwise, the first directions hearing must be within 4 weeks beginning with the date on which the application is issued.

The First Directions Hearing

14.8

(1) At the first directions hearing in the proceedings the court will –
(a) fix a timetable for the filing of –
(i) any report relating to the suitability of the applicants to adopt a child;
(ii) any report from the local authority;
(iii) any report from a children’s guardian, reporting officer or children and family reporter;
(iv) if a statement of facts has been filed, any amended statement of facts;
(v) any other evidence, and
(vi) give directions relating to the reports and other evidence;
(b) consider whether the child or any other person should be a party to the proceedings and, if so, give directions in accordance with rule 14.3(2) or (3) joining that child or person as a party;
(c) give directions relating to the appointment of a litigation friend for any protected party or child who is a party to, but not the subject of, proceedings unless a litigation friend has already been appointed;
(d) consider whether the case needs to be transferred to another court and, if so, give directions to transfer the proceedings to another court in accordance with any c made by the Lord Chancellor under Part 1 of Schedule 11 to the 1989 Act;

Domestic Violence, Crime and Victims (Amendment) Act 2012

The Pension Protection Fund and Occupational Pension Schemes (Levy Ceiling and Compensation Cap) Order 2012

COURT REQUEST INFORMATION FROM THE HOME OFFICE

COMMUNICATING WITH THE HOME OFFICE IN FAMILY PROCEEDINGS ..

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COMMUNICATING WITH THE HOME OFFICE IN FAMILY PROCEEDINGS




FAMILY JUSTICE COUNCIL NON MOLESTATION ORDERS


Http://Www.Familylaw.Co.Uk/System/Uploads/Attachments/0003/8685/FJC_Guidelines_in_relation_children_giving_evidence_in_family_proceedings_Dec_20FJC

PRACTICE GUIDELINES FOR USING SOCIAL MEDIA

  • Jan. 12th, 2012 at 5:40 PM

GUIDELINES CHILDREN GIVING EVIDENCE IN FAMILY PROCEEDINGS

IRISH FAMILY LAWS GUIDELINES IRISH REPUBLIC IRISH FAMILY LAWS Property (Ireland) Act 1865: Permitted A Wife To Sue Her Husband In Tort If Separat

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IRISH FAMILY LAWS GUIDELINES IRISH REPUBLIC


IRISH FAMILY LAWS

Property (Ireland) Act 1865: permitted a wife to sue her husband in tort if separated or deserted.
  
Partition Acts 1868 and 1876: allowed courts to divide up property between spouses.
  
Matrimonial Causes and Marriage Law (Ireland) (Amendment) Act 1870: brought civil nullity rules in line with Church rules.
  
Married Women’s Property Act 1882: allowed married women to hold property in their own name. Replaced by:
  
Married Women’s Status Act 1957: made wives liable for their own debts and breaches of duty. Allowed courts to decide property disputes between spouses.
  
Guardianship of Infants Act 1964: gave parents the right to joint guardianship of their children and allowed courts to make decisions on custody and access.
  
Succession Act 1965: reformed the law relating to the estates of people who had died, especially the administration and distribution of property where there is no will. Specified the shares of spouses and children on intestacy.
  
Marriages Act 1972: raised the minimum marriage age to 16 for boys and girls, retrospectively validated so-called “Lourdes marriages”.
  
Maintenance Orders Act 1974: allowed the reciprocal enforcement of maintenance orders between the Republic of Ireland, Northern Ireland, England and Wales and Scotland.
  
Family Law (Maintenance of Spouses and Children) Act 1976: provided for periodical payments by one spouse to another in cases of failure to provide reasonable maintenance, with deductions of earnings at source and barring orders.
  
Family Home Protection Act 1976: protected family home and required prior written consent of both spouses for sale of family home or chattels.
  
Courts Act 1981: widened the jurisdiction in family law matters.
  
Family Law Act 1981: abolished actions for enticement of spouse and breach of promise to marry. Allowed courts to decide disputes over gifts after broken engagements.
  
Family Law (Protection of Spouses and Children) Act 1981: gave the Circuit and District Courts power to grant barring and protection orders. (Repealed by Domestic Violence Act 1996)
Domicile and Recognition of Foreign Divorces Act 1986: confirmed independent domiciles of wives, recognised divorces granted where either spouse was domiciled.
Status of Children Act 1987: abolished status of illegitimacy and amended law on maintenance and succession for non-marital children. Allowed unmarried fathers to apply for guardianship of their children. Provided for blood tests to establish paternity.
Family Law Act 1988: abolished actions for the restitution of conjugal rights.
Children Act 1989: gave health boards powers to care for children.
Judicial Separation and Family Law Reform Act 1989: amended the grounds for judicial separation, assisted reconciliation between estranged spouses and provided for ancillary orders such as maintenance, property adjustment and custody of children.
Child Care Act 1991: gave powers to health boards to care for children who were ill-treated, neglected or sexually abused.
Child Abduction and Enforcement of Custody Orders Act 1991: dealt with wrongful retention of children. Implemented the Hague Convention 1980 and the Luxembourg Convention 1980.
Maintenance Act 1994: simplified procedures for recovering maintenance debts from other countries.
Family Law Act 1995: raised the minimum age for marriage to 18 and required 3 months’ written notice to local registrar, abolished petitions for jactitation of marriage (falsely claiming to be married to someone), provided for declarations of marital status, and ancillary orders after judicial separation or foreign divorce.
Domestic Violence Act 1996: extended safety, barring and protection orders to non-spouses, gave health boards powers to apply for orders, allowed arrest without warrant for breach.
Family Law (Divorce) Act 1996: allowed divorce and remarriage, with all ancillary orders.
Children Act 1997: recognised natural fathers as guardians, allowed children’s views to be considered in guardianship, access and custody matters, allowed parents to have joint custody.
Family Law (Miscellaneous Provisions) Act 1997: amended the law in relation to notification of intention to marry, barring orders, powers of attorney and distribution of disclaimed estates.
European Council Regulation 1347/2000: allowed – subject to certain conditions – the mutual recognition in all EU Member States (except Denmark) of court orders relating to divorce, legal separation, nullity or child custody.
Children Act 2001: authorised courts to order health boards to convene a family welfare conference where a child requires special care or protection. The health board can apply for a care order or supervision order if necessary.
Domestic Violence (Amendment) Act 2002: amended the Domestic Violence Act to provide eight day limit for ex parte interim barring orders, changed grounds on which ex parte orders could be granted.

PRACTICE GUIDELINES TWEETING FROM COURT




http://www.judiciary.gov.uk/NR/rdonlyres/A5D39665-E7D8-491D-BC33-4CACF8724D95/0/ltbcguidancedec2011.pdf

Intestacy and Family Provision Claims on Death

Publication date: 14 December 2011
Intestacy
When a person dies “intestate”, that is without leaving a valid will disposing of the whole of his or her property, the distribution of any money and other assets (the deceased’s “estate”) among surviving family members is governed by a set of legal rules known as the intestacy rules.
Family provision
Whether or not the deceased left a will, certain family members and dependants may apply to court for reasonable financial provision from the estate, under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”). This is often referred to as a claim for family provision.
Our recommendations
Our final report was published on 14 December 2011.  It sets out and explains our recommendations for reform of the law and presents two draft Bills to implement the necessary changes.
The draft Inheritance and Trustees’ Powers Bill includes reforms that would:
  • ensure that where a couple are married or in a civil partnership, assets pass on intestacy to the surviving spouse in all cases where there are no children or other descendants;
  • simplify the sharing of assets on intestacy where the deceased was survived by a spouse and children or other descendants;
  • protect children who suffer the death of a parent from the risk of losing an inheritance from that parent in the event that they are adopted after the death;
  • amend the legal rules which currently disadvantage unmarried fathers when a child dies intestate;
  • remove arbitrary obstacles to family provision claims by dependants of the deceased and anyone treated by the deceased as a child of his or her family outside the context of a marriage or civil partnership;
  • permit a claim for family provision in certain circumstances where the deceased died “domiciled” outside of England and Wales but left property and family members or dependants here; and
  • reform trustees’ statutory powers to use income and capital for the benefit of trust beneficiaries (subject to any express provisions in the trust instrument).
The draft Inheritance (Cohabitants) Bill contains further provisions that would give certain unmarried partners who have lived together for five years the right to inherit on each other’s death under the intestacy rules. Where the couple have a child together, this entitlement would accrue after two years’ cohabitation, provided the child was living with the couple when the deceased died.
This report concludes our work on Intestacy and Family Provision Claims on Death.
Reference number: LC331

THE CHILD SUPPORT MAINTENANCE CALCULATION REGULATIONS 2011

Changes To Code Of Conduct Proposed In Respect Of Public Access Instructions From Clients Eligibility

The Proceeds of Crime Act 2002 in Financial Remedy Proceedings Part 2.




FORCED MARRIAGE LEGISLATION SCOTLAND


Revised guidance on communicating with the Home Office


Practice Direction 10A of the Court of Protection Rules 2007 – Deprivation of Liberty Applications review

Practice Direction 19A of the Court of Protection Rules 2007 – Costs

PRACTICE DIRECTIONS ADMISSIONS EVIDENCE AND DEPOSITION’S

LEGAL AID SENTENCING AND PUNISHMENT OF OFFENDERS BILL



The Children and Young Persons Act 2008 (Commencement No.4) (England)





REGISTRATION OF BIRTHS DEATHS MARRIAGES ETC ENGLAND WALES CIVIL PARTNERSHIPS ENGLAND AND WALES





A Guide to bringing a case to The Supreme Court
1.1 This guide sets out some information to help you decide whether The Supreme Court can help you. The Supreme Court is an appeal court. This means that it only deals with appeals from
In England and Wales
The Court of Appeal, Civil Division
The Court of Appeal, Criminal Division (in some limited casesz) the High Court In Scotland
The Court of Session In Northern Ireland
The Court of Appeal in Northern Ireland (in some limited cases) the High Court
1.2 Unless one of these Courts has made an order affecting you, you will NOT be able to take your case to The Supreme Court. AND not all orders made by these Courts can be appealed to The Supreme Court.
What is The Supreme Court?
1.3 The Supreme Court of the United Kingdom was established by Part 3 of the Constitutional Reform Act 2005 and came into being on 1 October 2009. It replaces the House of Lords in its judicial capacity and has assumed the jurisdiction of the House of Lords under the Appellate Jurisdiction Acts 1876 and 1888. The Supreme Court also has jurisdiction in relation to devolution rnatterss under the Scotland Act 1998, the Northern Ireland Act 1988 and the Government of Wales Act 2006; this was transferred to The Supreme Court from the Judicial Committee of the Privy Council.
Do I have a right of appeal?
1.4 The right of appeal to the Supreme Court is regulated by statute and is subject to several statutory restrictions. The relevant statutes for civil appeals are:
–  the Administration of Justice (Appeals) Act 1934 the Administration of Justice Act 1960
–  the Administration of Justice Act 1969
–  the Judicature (Northern Ireland) Act 1978 the Court of Session Act 1988
–  the Access to Justice Act 1999.
The Human Rights Act 1998 applies to The Supreme Court in its judicial capacity. But that Act does not confer any general right of appeal to The Supreme Court, or any right of appeal over and above any right of appeal which was provided for in Acts passed before the coming into force of the Human Rights Act 1998.
Appeals from the Court of Appeal in England & Wales and the Court of Appeal in Northern Ireland
1.5 An appeal to The Supreme Court from any order or judgment of the Court of Appeal in England and Wales or in Northern Ireland may only be brought with the permission of the Court of Appeal or of The Supreme Courts.
1.6 An application for permission to appeal must be made first to the Court of Appeal. If that Court refuses permission, an application may be made to The Supreme Court. An application is made by filing an application for permission to appeal.
Appeals from the Court of Session in Scotland
1.7 An appeal lies to the Court from any order or judgment of a court in Scotland if an appeal lay from that court to the House of Lords at or immediately before 1 October 2009.
1.8 As a general rule, permission to appeal is not required from an interlocutor of the Inner House of the Court of Session on the whole merits of the causes, The appeal must be filed within 42 days of the date of the interlocutor appealed from; and the notice of appeal must be signed by two Scottish counsel who must also certify that the appeal is reasonable.
1.9 As a general rule, permission to appeal is not required from an interlocutory judgment of the Court of Session where there is a difference of opinion among the judges or where the interlocutory judgment is one sustaining a dilatory defence and dismissing the actions. The appeal must be filed within 42 days of the date of the interlocutor appealed from; and the notice of appeal must be signed by two Scottish counsel who must also certify that the appeal is reasonable.
1.10 Permission to appeal is required for an appeal to The Supreme Court against any interlocutory judgment of the Court of Session that does not fall within para. 1.9, and only the Inner House of the Court of Session may grant permission to appeal. A refusal by the Court of Session to grant permission to appeal is final and no appeal may then be made to The Supreme Court.
1.11 Permission to appeal from the Court of Session is also required for an appeal to The Supreme Court under the provisions of certain Acts of Parliament, and permission may be granted either by the Court of Session or, if refused by the Court of Session, by The Supreme Court. When permission to appeal is granted where para.1.1 0 or this paragraph applies, it is not necessary for two Scottish counsel to certify that the appeal is reasonable.
Appeals from the High Court in England & Wales and the High Court in Northern Ireland: leapfrog appeals
1.12 In certain cases, and subject to certain conditions, an appeal lies direct to The Supreme Court from the High Court in England and Wales or in Northern Ireland. Under sections 12 to 16 of the Administration of Justice Act 1969, appeals in civil matters may exceptionally be permitted to be made direct to The Supreme Court from
(i) the High Court in England and Wales
(ii) a Divisional Court in England and Wales and
(iii) the High Court of Northern Ireland.
These appeals are generally called leapfrog appeals.
1.12.1 A certificate of the High Court must first be obtained and then the permission of The Supreme Court must be applied for and given before the appeal may proceed. No application may be made to The Supreme Court without the certificate of the High Court.
1.12.2 A leapfrog appeal is only permitted if
(i) the judge in the High Court certifies (immediately after judgment or on an application within 14 days) that the “relevant conditions” are satisfied, that a sufficient case has been made out to justify an application for permission to appeal to The Supreme Court, and that all parties consent;
(ii) The Supreme Court (on an application made within one month) gives permission for the appeal, and
(iii) it is not a case of contempt of court or one in which an appeal to the Court of Appeal (or the Court of Appeal of Northern Ireland) (a) would not have lain even with permission or (b) would not have had permission granted for it.
1.12.3 The “relevant conditions” (which are set out in section 12(3) of the Administration of Justice Act 1969) are that a point of general public importance is involved and that it either:
“(a) relates wholly or mainly to the construction of an enactment or of a statutory instrument, and has been fully argued in the proceedings and fully considered in the judgment of the judge in the proceedings, or
(b) is one in respect of which the judge is bound by a decision of the Court of Appeal or of The Supreme Court in previous proceedings, and was fully considered in the judgments given by the Court of Appeal or The Supreme Court (as the case may be) in those previous proceedings.”
(In the case of leapfrog appeals from Northern Ireland the references in this paragraph to the Court of Appeal must be read as references to the Court of Appeal of Northern Ireland.)
Judicial review: civil matters
1.13 An application for permission to apply for judicial review is made to the Administrative Court (which is part of the Queen’s Bench Division of the High Court). If the judge in the Administrative Court refuses the application without a hearing, an application can be made for his decision to be reconsidered at a hearing. Where permission to apply for judicial review has been refused by the Administrative Court after consideration on paper and after reconsideration at an oral hearing, the applicant may apply to appeal against the refusal of permission. An application must be filed in the Court of Appeal within 7 days. For an appeal to be successful, the applicant needs to be granted both i) permission to appeal against the Administrative Court’s determination; and ii) permission to apply for judicial review.
1.14 If the Court of Appeal refuses to grant permission to appeal against the decision of the Administrative Court to refuse permission to apply for judicial review, there is no further right of appeal to The Supreme Court. The Supreme Court has no jurisdiction to issue such an appeal.But if the Court of Appeal (a) grants permission to appeal against the Administrative Court’s refusal of permission to apply for judicial review, but then (b) itself refuses permission to apply for judicial review, The Supreme Court does have jurisdiction.
Civil contempt of court cases
1.15 In cases involving civil contempt of court, an appeal may be brought under section 13 of the Administration of Justice Act 1960. Permission to appeal is required and an application for permission must first be made to the court which heard the original case. If that application is refused, an application for permission may then be made to The Supreme Court. Where the decision of the court below is a decision on appeal under the same section of the same Act, permission to appeal to The Supreme Court is only granted if the court below certifies that a point of law of general public importance is involved in that decision and if it appears to that court or to The Supreme Court that the point is one that ought to be considered by The Supreme Court. Where the court below refuses to grant the certificate required, an application for permission may not then be made to The Supreme Court.
What are the restrictions on a right of appeal?
1.16 Permission to appeal to The Supreme Court is subject to a number of statutory restrictions.
–  The most important general restriction on rights of appeal is section 54(4) of the Access to Justice Act1999. This provision means that The Supreme Court may NOT entertain any appeal against an order of the Court of Appeal refusing permission to bring an appeal to the Court of Appeal from a lower court. In other words, where the Court of Appeal refuses to give permission for a party to appeal to the Court of Appeal, then that decision cannot be challenged in The Supreme Court.
1.16.1 Other restrictions relate to
–  applications brought by a person in respect of whom the High Court has made an order under section 42 of The Supreme Court Act 1981 (restriction of vexatious legal proceedings);
–  applications brought from a decision of the Court of Appeal on an appeal from a county court in probate proceedings;
–  applications brought from a decision of the Court of Appeal on an appeal from a decision of the High Court on a question of law under Part III of the Representation of the People Act 1983 (legal proceedings);
–  applications for permission to appeal against the refusal by the Court of Appeal under CPR 52.17 (the‘Taylor v Lawrence’ jurisdiction) to reopen an appeal or application for permission to appeal.
1.16.2 Where one of these restrictions applies, the Registrar will inform the applicant in writing that The Supreme Court has no jurisdiction. The European Court of Human Rights accepts this letter as setting out the jurisdiction of The Supreme Court in the litigation, for the purpose of determining whether the applicant has satisfied the requirement, laid down by Article 35 of the European Convention on Human Rights, that all domestic remedies must be exhausted before an appeal can be made to the Strasbourg Court.
Criminal Appeals
1.17 Appeals to The Supreme Court in criminal proceedings in England and Wales or Northern Ireland are subject to special restrictions limiting such appeals to exceptional cases of general public importance. There is no appeal in criminal proceedings from the High Court of Justiciary or any other court in Scotland, but issues relating to criminal proceedings in Scotland may come before The Supreme Court as devolution issues under the Scotland Act 1998. See paragraph 1.18.
England and Wales (except Courts-martial)
1.17.1 Appeals to The Supreme Court in criminal proceedings in England and Wales are regulated by sections 33 and 34 of the Criminal Appeal Act 1968 and sections 1 and 2 of the Administration of Justice Act 1960. All such appeals may be made at the instance of the accused or the prosecutor. Section 13 of the Administration of Justice Act 1960 extends the scope of sections 1 and 2, with some qualifications, to appeals relating to contempt of court (civil or criminal). Sections 36 to 38 of the Criminal Appeal Act 1968 contain ancillary provisions about bail, detention and attendance at appeal hearings.
1.17.2 Any appeal under these provisions requires the permission of the court below or The Supreme Court, which may be granted (except for a first appeal in a contempt of court matter) only if (i) the court below certifies that a point of general public importance is involved and (ii) it appears to the court below or to The Supreme Court that the point is one which ought to be considered by The Supreme Court.
1.17.3 Section 36 of the Criminal Justice Act 1972 permits the Court of Appeal to refer a point of law to The Supreme Court where (after an acquittal) the Attorney-General has referred the point of law to the Court of Appeal.
Northern Ireland
1.17.4 Similar provisions apply to appeals in criminal proceedings in Northern Ireland: see sections 31 and 32 of the Criminal Appeal (Northern Ireland) Act 1980 and section 41 of and Schedule 1 to the Judicature (Northern Ireland) Act 1978.
Courts-Martial
1.17.5 Similar provisions apply to appeals from the Courts-Martial Appeal Court: see sections 39 and 40 of the Courts-Martial (Appeals) Act 1968.
Devolution issues
1.18 Devolution issues raise issues of constitutional importance as to the exercise of a function by a member of the Scottish Executive, a Minister in Northern Ireland or a Northern Ireland department or by the Welsh Ministers or as to the legislative competence of the Scottish Parliament under the Scotland Act 1998, the Northern Ireland Assembly under the Northern Ireland Act 1998, and the Welsh Assembly under the Government of Wales Act 2006. Under these Acts, The Supreme Court has both appellate jurisdiction and special statutory powers to consider referred questions, including questions referred by the relevant law officer or Ministers.



PRACTICE DIRECTIONS 34C APPLICATIONS FOR RECOGNITION AND ENFORCEMENT TO OR FROM THE EUROPEAN UNION AND STATES


The Family Procedure (Amendment) Rules 2014




The Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011


Changes To Family Procedure Rules Laid Before Parliament Ministy Of Justice

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Changes to Family Procedure Rules laid before Parliament
Ministy of Justice Logo
As you may be aware, the Family Justice Review made a number of recommendations to improve the use of experts in family proceedings.
The intention is to make changes to ensure expert evidence is used only where it is necessary, in the opinion of the court, to assist the court in resolve the proceedings. Changes are also intended to address the culture identified by the Review of over-use of expert reports in care proceedings, even when they add little value.
As part of this process of change, the Family Procedure Rule Committee (FPRC) has developed a number of amendments to Part 25 of the Family Procedure Rules (FPR), which deal with experts and assessors. The Family Procedure Rules govern the procedures used in family courts in England and Wales.
Today the amendments to these rules were laid before Parliament and they will be available shortly on the legislation website . The rules insert a new Part 25 (Experts and Assessors) into the Family Procedure Rules 2010.
The changes to the existing Part 25 include the following:
  • a change to the test for permission to put expert evidence before the court from ‘reasonably required’ to ‘necessary’. In proceedings relating to children, the new test also applies to permission to instruct an expert and for a child to be examined or assessed to obtain expert evidence for use in the proceedings;
  • the inclusion of specific factors which the court should consider when deciding whether to give permission for expert evidence, including the impact on the timetable and conduct of the proceeding and the cost. Additional factors are included for proceedings relating to children. These include what other expert evidence is available (including any obtained before the start of proceedings) and whether the evidence could be obtained from another source such as one of the parties;
  • in proceedings relating to children, an application for permission to instruct an expert should state the questions which the expert is required to answer which the court needs to approve.
The rules will come into force on 31 January 2013 and will apply to existing proceedings as well as proceedings started after that date. New Practice Directions (which provide supplementary guidance to support the FPR) will also take effect on 31 January 2013.
Once in force, the rules and Practice Directions will be available on the Family Procedure Rules section of the Ministry of Justice website.
This is a first step in a comprehensive programme to tackle the current delays in care proceedings which are unacceptable and not in children’s interests.
The Government’s proposed family justice legislation, which includes provisions on expert evidence, will, if passed, eventually supersede parts of the amended FPR. This Bill is currently undergoing pre-legislative scrutiny. We will keep you updated with progress.

PRACTICE DIRECTION 34C APPLICATION FOR RECOGNITION AND ENFORCEMENT TO OR FROM EUROPEAN UNION MEMBER STATES




Civil, Criminal and Family (adoption) procedure rules and their related practice directions.


Civil, Criminal and Family (adoption) procedure rules and their related practice directions.
…advice 22 – Mediation 24 – In-court conciliation 26 – Family Resolutions Pilot Project 27 – Changing…on.Centre ”for Research on Family Kinship and Childhood, University of…Childhood, University of Leeds, and Family Resolutions Pilot Project video. Parental…
…/news/docs/parentalseparation.pdf –  16 Jan 05
…Services Research Centre (2009) Civil Law, Social Problems and Mental Health…1998) Legal Aid and the Family Justice System, London: Legal Aid…Study of Defendants in Magistrates’ Court …
…/publications/research-and-analysis/lsrc/research-publications.htm –  14 Oct 11
…vulnerable clients 16 Scope: private law children and family cases 17 Domestic violence as…is by spiralling costs, slow court procedures, unnecessary litigation, all of…including an independent review of family justice, measures to streamline civil…
…/downloads/consultations/response-to-justice-select-comm-report-legal-aid.pdf –  21 Jun 11
…Appellant on bail by the Court of Appeal) …4)(b), (5) and (6) (Family Law Reform Act 1969) …in former Schedule of Costs Forms but now reproduced in Forms section …
…/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/frontmatter/Notes22.htm –  06 Apr 11
…study: Newcastle-upon-Tyne Combined Court, Gateshead Magistrates’ Court, Stratford Magistrates’ Court, The Central Criminal Court and Lambeth County Court. The authors BMRB is the…Director of the School of Law and Professor of Socio-Legal…to participants in civil and family cases. Report 1 outlines the…
…/downloads/publications/research-and-analysis/moj-research/court-experience-adults-4.pdf –  12 Jul 10
…DoL procedure are: special DoL court forms ensure that DoL court papers stand out as such…the parties’ legal representatives – any family members or others who are…give advice on matters of law. Please do not contact the…
…/downloads/guidance/courts-and-tribunals/courts/court-of-protection/DOL-PD-proposedfinalsignaturedraft-270209-1.doc –  27 Feb 09
…and practice associated with private family law. …several legislative changes affecting private familylaw. The Allocation and Transfer of…of cases from the County Court to the Family Proceedings Court(FPC). Sections 1 to 5…
…/guidance/courts-and-tribunals/courts/procedure-rules/family/practice_directions/pd_part_12b.htm –  17 Jun 11
…OFFICIAL SOLICITOR IN PART IV FAMILY LAW ACT 1996 PROCEEDINGS (CHILDREN) TABLE…under Part IV of the Family Law Act 1996 where I am…application brought under Part IV Family Law Act 1996 must proceed by…
…/downloads/guidance/protecting-the-vulnerable/official-solicitor/childrens-cases/flainstructionschildren.doc –  08 Apr 10
…IN PROCEEDINGS UNDER PART IV FAMILY LAW ACT 1996 (ADULT) TABLE OF…under Part IV of the Family Law Act 1996 where I am…the other party and the court are made aware of this…
…/downloads/guidance/protecting-the-vulnerable/official-solicitor/childrens-cases/flainstructions.doc –  08 Apr 10
…Commentary 9 County courts (non-family) 9 Family matters 14 Magistrates’ courts 18…county courtsor in the Family Division of the High Court. Family courts deal with matters such…other periods. County courts (non-family) Civil (non family) cases in the county courts…
…/downloads/publications/statistics-and-data/courts-and-sentencing/court-stats-quarterly-q2-2011.pdf –  28 Se
ADOPTION REGISTER

Appealing joint lives orders: what not to do

Family Mediation Information and Assessment Form FM1 – Attach to PD 3A

ADOPTION AND SPECIAL GUARDIANSHIP SPECIAL DATA PACK



GUIDANCE FOR CASES USING THE OFFICIAL SOLICITOR





FULL PRACTICE GUIDELINES ALL FAMILY LAW





GUIDANCE FOR OUT OF HOURS FAMILY COURT HEARINGS


GUIDANCE NOTE TO FAMILY PROCEEDINGS ISSUED BY THE COURT JUSTICES WITH APPROVAL OF THE CLERKS SOCIETY PRESIDENT OF THE FAMILY DIVISION AND THE FAMILY PROCEDURE RULES COMMITTEE

GUIDANCE ON DISCLOSING INFORMATION ABOUT FAMILY PROCEEDINGS INVOLVING CHILDREN WHICH ARE HEARD IN PRIVATE

Guidance On Fees And Funding Legal Services Commission Guidance On Fees And Funding

Guidance on fees and funding Legal Services Commission
Guidance on fees and funding
Family Fees from May 2011On 9 May 2011 new fee schemes will be introduced for family work – the Private Family Law Representation Scheme and the Family Advocacy Scheme. The guidance in relation to both these schemes together with the Advocates’ Attendance Form that will be used for advocates at hearings and Questions and Answers on the new schemes can be found in the documents section on the right hand side of this page.
Visit the Unified Contract page for the new Family Specification and Payment Annex. Copies of the new forms that will be used for claims under the new schemes can also be found on the civil forms page of the website.
Forced marriage guidanceGuidance is available on making applications for funding for forced marriage protection orders.
National Centre for Domestic ViolenceThe National Centre for Domestic Violence (NCDV) is a charitable organisation that helps victims of domestic violence in obtaining emergency injunctions.  We have produced guidance in conjunction with the NCDV which sets out how to work with the NCDV within the terms of the LSC’s Unified Contract.
Decision-making guidance for family casesGuidance on the funding of contact activities, risk assessments and child contact centre fees is in the ‘Narrative and Guidance: public funding’ document.
Appointment of guardians in public law children casesWe are aware that there have recently been delays in the appointment of children’s guardians in public law cases and we have received queries from providers representing children who have been directed by the courts to instruct an independent social worker to undertake the role of the guardian.
We appreciate the current problems with Cafcass resource, however, such work is not a legitimate disbursement under a public funding certificate.  It does not fall within the scope of services in the definition of Legal Representation in the Funding Code, nor is it an expense which would properly be borne by the client if they did not have the benefit of public funding.  The Community Legal Service Fund is, of course, limited and it is the responsibility of Cafcass to provide a children’s guardian in such cases. This does not affect the instruction of an independent social worker as an expert, appointed in accordance with the relevant Practice Direction, when carrying out additional work that does not fall within the functions of Cafcass as set out in section 12 of the Criminal Justice and Court Services Act 2000.
Providers should therefore note that any applications for prior authority for such costs will be refused as will any claim for costs on assessment.  If any providers have been directed by the court to instruct a children’s guardian in this way and there are queries in relation to this please contact Jane Worsey in the Family Policy Team by email or telephone 020 7783 7557.
Mediation guidanceThe document ‘s20.10 Referral to Mediation’ sets out the streamlining of the mediation exemptions that were implemented on 15 November 2010.
The document  ‘Guidance for Completing Mediation Submissions’ offers guidance on reporting work under family mediation contracts.
For details of the Family Mediation Specification and Family Mediation Contract Guidance please see the 2010 Standard Civil Contract page.
Immigration and asylumWe have published an ‘Immigration Funding FAQ document’ to aid providers.
We’ve also produced guidance on the process for submitting an application for a review of a refusal of Controlled Legal Representation.
Narrative and guidance: public fundingThe ‘Narrative and guidance: public funding’ document contains an explanation of public funding. Topics covered include:
  • the statutory charge
  • costs
  • costs orders against funded clients and the LSC
  • prior authorities (including for experts in Children Act cases).
Costs assessment guidance 2010The revised costs assessment guidance applies to work governed by the 2010 Standard Civil Contract.
It does not, however, apply to work in the Family category of law, or to Housing work that continues under the Unified Civil Contract rather than the 2010 Standard Civil Contract. Such work remains governed by the costs assessment guidance issued under the Unified Civil Contract.
There are no changes of substance in the revised guidance. However, the transfer of assessment of remuneration in Licensed Work cases from the courts to the LSC, anticipated in 2010 Standard Civil Contract Specification, has not yet been implemented. The costs assessment guidance, therefore, confirms that the costs limits for assessment by the court or LSC remain as under the previous specification.
LEGAL AID SENTENCING AND PUNISHMENT OF OFFENDERS BILL

MAGISTRATES COURTS ENGLAND AND WALES ENFORCEMENT OF VARIATION OF ORDERS MADE IN FAMILY PROCEEDINGS AND MISCELLANEOUS PROVISIONS RULES 2011

Forced Marriage (Civil Protection) Act 2007

Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Bill (SP Bill 53)

APPLICATION FOR REVOCATION OF A PLACEMENT ORDER SECTION 24 ADOPTION AND CHILDRENS ACT 2002

Application for revocation of
a placement order
Section 24 Adoption and
Children Act 2002

ADOPTION AND SPECIAL GUARDIANSHIP DATA PACK

ADOPTION GUIDANCE

This section contains information on adoption for practitioners working with children and families. General information about adoption can be found on the Directgov website. Information about intercountry adoption can be found in the intercountry adoption section.

  • Adoption Register

    Information about the Adoption Register for England and Wales along with details of where to find out more.
    General article 06 January 2011

  • Tim Loughton Responds To Adoption Statistics

    Children’s Minister Tim Loughton writes to LAs reflecting on the latest adoption statistics.
    News 18 November 2010

  • Tim Loughton: Ethnicity Shouldn’t Be A Barrier To Adoption

    The Children’s Minister calls for local authorities to improve the process for interracial adoption, and announces establishment of a new advisory group on adoption.
    Press notice 02 November 2010

  • Minister Calls For Reduced Delays In Adoption Process

    Falling adoption numbers see Tim Loughton call on local authorities and voluntary adoption agencies to ensure ethnicity isn’t a barrier to providing children a loving and stable home.
    News 02 November 2010

  • Adoption Training Materials – Trainer Pack

    Download the ten training modules and supporting guidance from the trainer pack on adoption.
    General article 27 October 2010

  • Adoption – News

    Information on developments in adoption for practitioners working with children and families.
    General article 27 October 2010

  • Adoption And The Courts

    An overview of the role of specialist adoption centres with regards to the courts, and advice on how to find your nearest adoption centre.
    General article 27 October 2010

  • Adoption Training Materials – Workbook

    Download the ten modules that comprise the workbook of training materials related to adoption.
    General article 26 October 2010

  • Adoption Training CD

    Information on how to order the adoption training CD and details of the minimum specification requirements for your computer.
    General article 26 October 2010

ADOPTION PRACTICE GUIDANCE AND TOOLS




INFORMATION ABOUT ADOPTION APPEALS


you must get your documents in yourself within 21 days to the Court of Appeal at the Strand, London.
1)   ring this number to say they are coming.
0207 9476426
Rita Downes, in charge of the Civil Appeals office at the court of appeal in the Strand.
Say if there is a problem, will they ring you rather than send the docs. back.
2)  Get copies of
Appeal forms – 4 copies – N161 – 1 for yourself
Remission of Fee form –  Ex160
get them online from HMCS site and print off if you have a good printer.
if not go to local court and get them from court office.
GET THEM IN FAST
3 copies of appeal from,   1 0f remission of fee form.
copy of court order and of udgement if you have them.
If not write on form will follow on, but can they obtain them directly?
3)   Write GROUNDS FOR APPEAL  on seperate sheet of paper
These are numbered short headlines
detailed ones will follow later in your “Skeleton Arguments”
4)  “WALK THE PAPERS”
Go personally to the courts on the Strand ad you go from room to room and get it registered in a day.
There are 2 advisory sections to help you and do photocopying.
The sol and bar will probably come bac to say they can’t get funding for an appeal.
But meanwhile you have got it in.
Here is what you must do ;-
the grounds for appeal, as explained to us by top barristers, are very limited and the bar is high in the normal courts.
In particular the appeal court cannot revisit the existing evidence as considering this is the job of the lower court.
In the Family Court it is even higher.
These are ;-
1)  a legal error by the judge
2)  new evidence being discovered which was never put to the court
3) the judge failing to take into account something he should or toke into account something he shouldn’t.
A solicitors we work with has got one at the moment where they claimed emotional abuse, in spite of the fact there was a diagnosis of autism.
They got funds for it.
Go through your evidence and anything that was left out.

The Civil Legal Aid (Remuneration) Regulations 2013

Legal Aid And Advice, England And Wales.

The Legal Aid, Sentencing And Punishment Of Offenders Act 2012 (Consequential, Transitional And Saving Provisions)(Amendment) Regulations 2013

The Health and Social Care Act 2012 (Commencement No. 5, Transitional, Savings and Transitory Provisions) Order 2013

The Children, Schools And Families Act 2010 (Commencement No. 3) Order 2013

Law Society Practice Note Of 26 March 2013: Client Care Letters

http://www.familylaw.co.uk/system/uploads/attachments/0006/8061/Cli… Law Society Practice Note of 26 March 2013: Client

The Care Planning, Placement And Case Review (England) (Miscellaneous Amendments) Regulations 2013




The Civil Courts (Amendment) (No. 2) Order 2012


The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 7) Order 2013

President’s Guidance of April 2013: Communicating with the Home Office in Family Proceedings

Practice Guidance of 3 May 2013: Committal for Contempt of Court