Powered by Lexis+®
Jurisdiction(s):
United Kingdom
United Kingdom
NEWS
Family law weekly highlights (England and Wales): key cases on procedure, children, transparency, cohabitants, financial remedies, enforcement and Court of Protection, plus HMCTS improvements and children’s social care reforms
In this issue: Practice and procedure Relationship breakdown Public children Transparency Cohabitants Financial provision Enforcement Court of Protection International children Updated content Daily and weekly news alerts Weekly highlights archive Practice and procedure Update to Standard Order 10.2 (short-form non-molestation order) Following a correction to Order 10.2 (short-form non-molestation order), Mr Justice Peel has refreshed the Standard Family Orders. The amended order now records the respondent’s address and date of birth to support police database entries. The updated Order 10.2, together with reissued yet unchanged Volumes 1 and 2, can be found here. HMCTS sets out progress and next steps for family courts HM Courts and Tribunals Service (HMCTS) has posted a blog outlining advances across the family courts, including broader digital services, clearer guidance and improved support for vulnerable users. The...
NEWS
Family law weekly update (England and Wales): overseas divorce recognition, post-placement contact, protective orders, parental responsibility for non-biological fathers, FPRC report, McFarlane retirement, HMCTS financial remedy portal changes
In this issue: Practice and procedure Relationship breakdown Public children Private children Financial provision Daily and weekly news alerts New content Updated content New Q&As Useful information Practice and procedure Family Procedure Rule Committee annual report: April 2024 to March 2025 The Family Procedure Rule Committee has issued its annual report, setting out work on revising the Family Procedure Rules 2010. It details reforms on domestic abuse, experts, case management, and early resolution across April 2024 to March 2025. Sir Andrew McFarlane, President of the Family Division, retires from the judiciary Sir Andrew McFarlane has stepped down as President of the Family Division, President of the Court of Protection and Head of Family Justice following a notable tenure. Since his 2018 appointment, he drove modernisation of the Family Court, advancing transparency through reporting reforms and a 2025...
NEWS
Re B-A: Court of Appeal (England and Wales) upholds s.26 order for direct parental contact post-placement; confirms bespoke analysis and binary choice between order and recital
Re B-A (Placement Order and Contact Order) [2026] EWCA Civ 356 What are the practical implications of this case? The Court of Appeal emphasised that a central strand in recent rulings on post‑placement order contact is that decisions must turn on the particular facts of the individual case. It also noted that, in Re S (Placement Order Contact) [2025] EWCA Civ 823, [2026] 1 FLR 48, the President highlighted the need for a tailored, bespoke appraisal of future contact arrangements in every matter, specific to each child......
NEWS
Family law weekly update: kinship allowance guidance, Supreme Court fee increases, PD 36Z extension, and key judgments on parental alienation, relocation and Hague return; plus technology lecture and content updates
In this issue: Practice and procedure Private children International children Daily and weekly news alerts Updated content Useful information Practice and procedure DfE publishes guidance on delivering kinship allowance pilot The Department for Education (DfE) has released non‑statutory guidance on implementing the kinship allowance within the Kinship Zones pilot programme, starting on 1 April 2026. It sets out the policy framework for participating local authorities, including rules on eligibility for kinship carers, payment structures, interactions with other benefits, and arrangements for funding and assurance. During the pilot, eligible kinship carers with a special guardianship order or a lives with child arrangements order will receive a regular, tax‑free, non‑means‑tested allowance paid at the national minimum fostering allowance rate. The aim is to enhance placement stability and ease financial barriers to enduring kinship care. The guidance also details delivery...
Decision making in respect of health and welfare—overview
Welfare and health decisions
The Court of Protection (the court) may, under section 16 of the Mental Capacity Act 2005 (MCA 2005), determine matters concerning the personal welfare of a person who lacks capacity (P) to decide for themselves. The court can also choose to appoint a deputy to take such decisions (see Deputies-Appointment, duties and powers-overview), although appointments covering health and welfare remain comparatively uncommon. In addition to these powers, the court may declare whether any act already undertaken, or proposed, in relation to P is lawful or unlawful for the purpose of making the relevant decision. For these purposes, an ‘act’ encompasses an omission and a course of conduct. As a broad principle, issues about health and welfare are more often brought by applications for declarations rather than for decisions. Declarations are most frequently sought where treating clinicians require confirmation that it is lawful to give or to withhold treatment from someone who lacks the requisite decision-making capacity. This is particularly pertinent where the medical treatment in...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
View Family by content type
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
