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In this issue: Practice and procedure Public children Private children Financial provision International children Daily and weekly news alerts New content Updated content New Q&As Useful information Practice and procedure Reform to weddings law following Law Commission recommendations The Ministry of Justice (MoJ) has set out proposals to overhaul weddings law in England and Wales, aiming for a more adaptable legal framework that gives couples greater freedom over the setting and form of their ceremony. Rather than controlling approved buildings, the revised model would regulate the officiants who preside over marriages. The programme stems from the Law Commission’s final report of 19 July 2022, which urged modernisation so the law mirrors the varied ways people choose to wed. Under the plans, ceremonies would no longer be confined to limited categories of venues. Couples could instead marry in a much wider array of places, so long as specified requirements are satisfied. The package also...
Which proceedings are covered by the guidance? The guidance broadly applies to all proceedings concerning children that are issued in the Family Court, including those brought under: the Children Act 1989 the Family Law Act 1986 the Family Law Act 1996 the Human Fertilisation and Embryology Act 2008 It covers allocation across the whole of the Family Court judiciary, magistrates included, and is designed to ensure cases are directed to the appropriate judicial tier from the outset. The guidance does not apply to proceedings issued and heard in the Family Division of the High Court, or to matters reserved to be heard by a full judge of the Family Division (see paragraphs 16–19 and the Schedule to The President’s Guidance Jurisdiction of the Family Court: Allocation of Cases within the Family Court to High Court Judge Level and Transfer of Cases from the Family Court to the High Court (24 May 2021)). In addition, it does not alter...
In this issue: Practice and procedure Emergency procedures Financial provision Public children International children Enforcement Daily and weekly news alerts Updated content Useful information Practice and procedure Speeches by Lord Justice Jackson and Mr Justice MacDonald Mr Justice MacDonald’s address at the East London Family Justice Board Conference — 6 November 2024 Mr Justice MacDonald’s speech to the Judicial Council, Dublin — 21 November 2024 Lord Justice Jackson: Four inspiring women and one idea whose time has come — 21 November 2024 Lord Justice Jackson: The case for FDAC — 21 November 2024 The Lady Chief Justice speaking at the FDAC Annual Conference — 22 November 2024 Emergency procedures Commencement of domestic abuse protection order pilot Among the significant measures in the Domestic Abuse Act 2021 (DAA 2021) are domestic abuse protection orders (DAPOs) and domestic abuse protection notices (DAPNs). A DAPN is...
Note This Practice Note addresses the law currently applying in England. In Wales, the position is governed by the Social Services and Well-being (Wales) Act 2014 together with the relevant statutory instruments. For Welsh guidance, see the following Practice Notes: Local authority powers and duties to provide accommodation for children in Wales Local authority duties to looked after children in Wales Local authority duties to children in Wales—child protection NB: this Practice Note also cites earlier legislation and statutory guidance, as certain linked materials give useful background and include templates that continue to be used during pre-proceedings. The Public Law Outline (PLO) originated in 2008 as part of reforms to care proceedings. It was subsequently updated by the PLO 2014 and the Children and Families Act 2014, which introduced a 26-week limit for completing care and supervision proceedings. See Practice Note: Public law children procedure—Public Law Outline. These changes place greater weight on work undertaken before proceedings commence. Providing support and...
This Practice Note This Practice Note explains how the welfare principle in the Children Act 1989 (ChA 1989) applies within public children proceedings. It sets out the court’s discretion and the influence of the welfare principle alongside the welfare checklist. It also gives practical guidance on the paramountcy principle, the need to avoid delay, concurrent and twin-track planning, and early permanence (previously termed ‘fostering to adopt’). ChA 1989 establishes a two-stage process, which may occur in the same hearing or over multiple hearings, before the court may exercise its discretion to make a care or supervision order: first, the court must consider the threshold criteria in ChA 1989, s 31(2) second, the court considers the welfare principle This Practice Note focuses on the second, welfare, stage. The local authority must establish the threshold criteria before the court can reach the welfare stage—see Practice Notes: Threshold criteria and Principle of significant harm. On 22 April 2014, the Public Law Outline (PLO) for...
This Practice Note This Practice Note examines the overriding objective that must be applied in public law children cases, notably care proceedings under the Children Act 1989 (ChA 1989), to ensure matters are resolved fairly with welfare considerations to the fore and with proper regard to welfare issues. It details the court’s obligations to advance that overriding objective and the general approach in children litigation, alongside the duties of the parties and of legal representatives. It also offers guidance on when a judge should step aside. From 22 April 2014, the Public Law Outline (PLO) governing care, supervision, and other proceedings under ChA 1989, Pt IV took effect pursuant to the Family Procedure Rules 2010 (FPR 2010), via FPR 2010, PD 12A. See Practice Note: Public law children procedure—Public Law Outline for practical guidance on the PLO. In 2014, the President issued guidance on the use of prescribed documents in public law proceedings, including: the allocation proposal form to be completed by the local...