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Hershman and McFarlane: Children Law and Practice
Authors: Andrew McFarlane, Madeleine Reardon, and Alexander Laing
Publication Date: April 2021
Publisher: Bloomsbury Professional
Copyright: 2021 Bloomsbury Professional
Law As Stated At: 1 January 2021
Hershman and McFarlane: Children Law and Practice
Authoritative, comprehensive, practical and written by two leading child lawyers, advised by a board of eminent child law experts, Hershman and McFarlane: Children Law and Practice is firmly established as the leading reference work on the subject and is available as both a print and online subscription.
Conceived and written around the Children Act 1989, the work is regularly commended for its user-friendly approach and for concentrating on the issues that really matter in both public and private law. Clear narrative is complemented by numerous time-saving checklists, procedural tables and flow-charts. Relevant statutory materials are included and the whole work is extensively cross-referenced.
Up to date to Issue 89, April 2021
Contents
- In this Issue – Issue 89, April 2021
- Close sectionPrefatory Material
- Close sectionThe operation of the Family Justice System during the Covid-19 pandemic
- Close sectionTable of Cases
- Table of CP, CPR, FPR and SC Practice Directions
- Table of International Matters
- Table of Judicial Practice Directions
- Table of Statutes
- Table of Statutory Instruments
- Close sectionDIVISION A Parental Responsibility and Guardianship
- Close sectionSection 1 Meaning of Parental Responsibility
- 1: Definition of parental responsibility
- Close section2: Scope of parental responsibility
- Determining religion
- Determining education
- Naming the child
- Appointing a guardian
- Consent to medical treatment
- Access to medical records
- Consent to marriage
- Representing the child in legal proceedings
- Consent to adoption
- Lawful correction
- Emigration
- Foreign travel
- Protection and maintenance
- Administering the child’s property
- Physical possession
- Liability to pay fines and compensation
- Burial or cremation
- Interviewing the child
- Publicity
- Close section3: Restrictions on parental responsibility
- Close sectionSection 2 The Unborn Child
- Close sectionSection 3 Legitimacy and Parental Status
- Close sectionSection 4 Maternity and Surrogacy
- Close sectionSection 5 Acquiring and Losing Parental Responsibility
- Close section1: Acquiring parental responsibility
- Who has parental responsibility?
- Mother
- Father
- Unmarried father
- The application
- Form of application
- Service of application and notice
- Automatic respondents
- Person to whom notice must be given
- Procedure
- Procedural table
- Parental responsibility by a child arrangements order
- Other female parent
- Step-parent
- Local authority
- Applicant for an emergency protection order
- Guardian
- Person named in a child arrangements order
- Adoption
- Close section2: Losing parental responsibility
- 3: Parental responsibility check-charts
- Close section1: Acquiring parental responsibility
- Close sectionSection 6 Sharing Parental Responsibility
- Close sectionSection 7 Guardianship
- Close sectionSection 1 Meaning of Parental Responsibility
- Close sectionDivision B Private Law Proceedings
- Close sectionSection 1 Jurisdiction
- Close section1: Overview of Jurisdiction
- Close section2 The United Kingdom’s departure from the European Union
- Close section3 Habitual residence
- Close section4 Jurisdiction under the Family Law Act 1986
- Close section5 Brussels II Revised
- Relationship between Brussels II Revised and the 1996 Hague Convention
- Parental Responsibility
- Matters concerning children excluded from Brussels II Revised
- Impact of Brussels II Revised on domestic child law
- Jurisdiction Under Brussels II Revised
- Recognition and enforcement of orders under Brussels IIR
- Close section6 The 1996 Hague Convention on the Protection of Children
- Introduction
- The scope of the 1996 Hague Convention
- Jurisdiction under 1996 Hague Convention
- Transfer of jurisdiction: procedure
- Application by UK local authority for care order on child in another Contracting State
- Application by a local authority for interim care or supervision order for child over whom another Contracting State has jurisdiction
- 1996 Hague Convention: jurisdiction based on matrimonial proceedings
- 1996 Hague Convention: jurisdiction in cases of urgency
- 1996 Hague Convention: jurisdiction to make provisional measures
- 1996 Hague Convention: priority where two states may have jurisdiction
- 1996 Hague Convention: unamended measures remain in force
- Applicable law under the 1996 Hague Convention
- Recognition and enforcement under the 1996 Hague Convention
- Cooperation under the 1996 Hague Convention
- 7 Forum conveniens
- Close section8: The ‘Family Court’ and ‘family proceedings’
- Close section9: Commencement of family proceedings
- Close section10: Family Procedure Rules 2010
- Close sectionSection 2 The Welfare of the Child
- Close sectionSection 3 Section 8 Orders
- Close section1: Introduction and definition
- Close section2: Child arrangements orders
- Definition
- Child arrangements orders during the Covid-19 pandemic
- Shared residence order under the previous legislation
- Principles applied by the court
- Effect of a child arrangements order
- Principles on which the court will act
- Domestic abuse
- Development of court’s approach to domestic abuse
- Practice Direction PD12J
- Intractable cases
- Change of residence
- Suspended change of residence
- Anticipatory child arrangements order
- Instituting care proceedings
- Restarting contact
- Giving the child core information about identity
- Non-parental contact
- Orders refusing contact
- Religious and cultural factors
- Supervised contact
- Supported contact centre
- Interim child arrangements order
- Duration of a child arrangements order
- Variation of a child arrangements order
- Termination of a child arrangements order
- Warning notice must be attached to every child arrangements order
- Activity directions and conditions
- Activity directions and conditions: making, monitoring and financial assistance
- Monitoring child arrangements orders
- Close section3: Prohibited steps order
- Close section4: Specific issue order
- Close sectionSection 4 Applications for Section 8 Orders
- Close section1: Preliminary considerations
- Close section2: The application
- Close section3: Directions
- Child Arrangements Programme
- Timing of proceedings
- Attendance of the child
- Who is entitled to attend the hearing
- Attendance of the parties
- Practice in all cases involving domestic abuse
- Litigants in person and domestic violence cases
- Split hearings
- The children and family reporter/welfare officer
- Children’s guardian
- Local authority involvement
- Close section4: Submission of evidence and law
- 5: Interim orders
- Close section6: Preparation for hearing
- 7: The powers of the court
- Close section8: The hearing
- Close section9: Judgment
- 10: Discharge or variation
- 11: Appeal
- Close sectionSection 5 The role of Cafcass
- Close section1: Introduction
- Close section2: Preparation of the welfare report
- Close section3: The children and family reporter/welfare officer at the court hearing
- Filing the report
- Disclosure of the welfare report
- Attendance of children and family reporter/welfare officer at hearing
- Children and family reporter/welfare officer as witness
- The roles of the court and the children and family reporter/welfare officer
- Continuing role for Cafcass officer after proceedings
- Close sectionSection 6 Special Guardianship
- Close sectionSection 7 The Inherent Jurisdiction of the High Court
- Close sectionSection 8 The Mental Capacity Act 2005
- 1: Introduction
- Close section2: MCA 2005: the key principles
- Close section3 Scope of jurisdiction under MCA 2005
- Close section4: The Court of Protection
- Close section5: Appointment of a deputy
- Close section6: Lasting power of attorney
- 7: The Office of the Public Guardian
- 8: Independent Mental Capacity Advocate (IMCA)
- Close section9: The care of persons lacking capacity
- Close section10 Deprivation of liberty
- Close section11: Advance decisions to refuse treatment
- 12: The Mental Capacity Act Code of Practice
- Close sectionSection 9 Forced Marriage and Female Genital Mutilation
- Close sectionSection 10 Enforcement
- Close sectionSection 1 Jurisdiction
- Close sectionDivision C Public Law Proceedings
- Close sectionSection 1 Jurisdiction
- Close sectionSection 2 Protection Provisions
- Close section1: Introduction
- Close section2: Local authority investigation
- Close section3: Child assessment order
- Close section4: Emergency protection order
- Definition
- Duration
- The application
- Grounds for an order
- The order
- Extending the order
- Effect of an order
- Applicant other than the local authority
- Variation and discharge
- Challenging the extended order
- Check-list: Additional directions on the making of an emergency protection order
- Check-list: Duties of successful applicant for an emergency protection order
- Close section5: Police protection
- Introduction
- Grounds for police protection
- Duration of police protection
- Responsibilities of the constable taking child into police protection
- Responsibilities of the designated officer
- Relationship between police protection and an emergency protection order
- Informing the local authority
- Parental rights
- Close section6: Abduction of children from the local authority
- Close sectionSection 3 Care Orders
- Close section1: Definition, effect and duration
- Close section2: Grounds for an order
- Close section3: Application for a care order
- The Overriding Objective
- Preliminary considerations
- Public funding in public law proceedings
- Time limits and timetables
- The application
- Directions
- Submission of evidence
- The final hearing
- Form of hearing
- Application for placement order made during care proceedings
- Split hearings
- Findings of fact
- Range of orders
- Confidentiality
- Speeches
- The decision
- Costs
- Appeals
- Close section4: Contact with a child in care
- Close section5: Substitution or discharge of a care order
- Close section6: Interim orders
- Close sectionSection 4 Supervision Orders
- Close sectionSection 5 The Children’s Guardian
- Close section1: Definitions
- Close section2: The appointment of a children’s guardian
- Close section3: Responsibilities of the children’s guardian in specified proceedings
- Close section4: Local authority responsibility to the children’s guardian
- Close section5: Termination of appointment of children’s guardian
- Close section6: The appointment of a solicitor for the child
- Close section7: Responsibilities of the solicitor for the child in specified proceedings
- Close section8: Litigation friend or children’s guardian in non-specified proceedings
- Close section9: Service of documents
- Close sectionSection 6 Evidence
- Close section1: Introduction
- Close section2: The burden and standard of proof
- Close section3: Hearsay evidence
- Close section4: Exceptions to the law of evidence under the Children Act 1989
- Close section5: Disclosure of evidence
- Close section6: Evidence in children cases
- General principles
- Discovery from non-parties
- Communicating with the Home Office
- Oral evidence
- Evidence of previous convictions
- Propensity and similar fact evidence
- Duty to disclose
- Expert evidence
- The Expert’s Report
- Supplemental procedural guidance
- Evidence of child sexual abuse
- Video recording
- Evidence of physical abuse
- Res judicata and estoppel
- Close sectionSection 7 The Mental Health Act 1983
- Close sectionDivision D Adoption
- Close sectionSection 1 Adoption: Key Principles
- Close section1: Definitions
- Close section2: The welfare of the child
- Close section3: Who can be adopted?
- Close section4: Who can adopt a child?
- Close section5: Requirements for obtaining an adoption order
- Close section6: Parental consent
- Close section7: Dispensing with parental consent
- Close section8: Jurisdiction
- Close sectionSection 2 Adoption Services
- 1: Introduction
- Close section2: The Adoption Service
- The local authority
- Wales
- Voluntary adoption agencies
- Adoption agencies
- Assessing the suitability of a child for adoption
- Advertising a child for adoption
- Assessing the suitability of prospective adopters
- The adoption panel
- The adoption agency’s decision
- The need to comply with the ‘matching’ timetable
- Reopening a decision to refuse approval of prospective adopters
- Independent Review Mechanism
- The adoption placement plan
- Adoption check-chart 1
- Statutory Adoption Guidance
- National Minimum Standards
- Adoption and Children Act Register
- Operation of the Register where local authority is considering adoption for a child
- Adoption support services
- Close section3: Access to adoption information
- Close sectionSection 3 Placing a Child for Adoption
- Close section1: Introduction
- Close section2: Placement with parental consent
- Placement with parental consent
- Parental consent
- Placing a child under six weeks old
- Form of consent
- Other parent subsequently acquiring parental responsibility
- Advance consent to adoption
- Consequences of parental consent to placement for adoption
- Withdrawal of consent
- Consent to placement withdrawn: recovery of child
- Review of child’s case where agency authorised to place for adoption
- Close section3: Placement under a placement order
- Close section4: Contact where an adoption agency is authorised to place a child for adoption
- Close section5: Placement order applications
- Family Procedure Rules, Part 14
- Placement orders: procedural table
- Application for a placement order
- Preliminary steps to be taken by court
- Children’s guardian
- The first directions hearing
- Request to dispense with parental consent
- The final hearing
- Placement order application consolidated with care proceedings
- Placement order
- Close section6: Duration of a placement order
- Close section7: Removal of children when placement is authorised
- Close sectionSection 4 Adoption and Children Act 2002 Proceedings
- Close section1: Introduction
- Close section2: Structure of Family Procedure Rules 2010
- Close section3: Part 14 proceedings
- Part 14: application procedure
- What the court will do when an application is issued
- What a court officer will do when an application is issued
- What the court or a court officer will do when an adoption application is issued
- What the court or a court officer will do when a placement order application is issued
- The first directions hearing
- Requesting the court to dispense with consent of parent or guardian
- Reports by adoption agency or local authority
- Health reports
- Proof of identity of the child
- Jurisdiction to grant injunction to control placement
- Close section4: Adoption order application
- Close section5: Part 14 proceedings: general procedure
- Court’s general powers of management
- Service of documents
- Service out of the jurisdiction
- Children’s guardian
- Inspection of records
- Representation for the child
- Reporting officer
- Children and family reporter
- Who can act as a children’s guardian, reporting officer or children and family reporter
- Confidentiality of reports
- Communication of information relating to proceedings
- Custody and inspection of adoption documents
- Close section6: Part 18 and 19 proceedings
- Close section7: General procedural provisions
- Close section8: Legal aid in ACA 2002 proceedings
- Close sectionSection 5 Consequences of an Adoption Order
- Close sectionSection 6 Adoptions with an International Element
- Close sectionSection 7 Transitional Provisions
- Close sectionSection 1 Adoption: Key Principles
- Close sectionDivision E Appeals and Judicial Review
- Close sectionSection 1 Appeals
- Close sectionSection 2 Judicial Review
- Close sectionSection 3 The Human Rights Act 1998
- 1: Introduction
- Close section2: The European Convention on Human Rights
- Close section3: The European Court of Human Rights
- Close section4: ECHR Articles of most relevance to child law
- Article 2: Right to life
- Article 3: Prohibition of torture, inhuman or degrading treatment or punishment
- Article 5: Right to liberty and security of person
- Article 6: Right to a fair trial
- Article 8: Right to respect for private and family life
- Article 12: Right to marry and found a family
- Article 14: Prohibition of discrimination
- Close section5: The Human Rights Act 1998
- The Convention rights
- Interpretation of Convention rights
- The compatibility test
- Doctrine of precedent in England and Wales
- Declaration of incompatibility
- Acts of ‘public authorities’
- ‘Public authority’
- ‘Victim’
- Proceedings relating to unlawful acts of a public authority
- Judicial remedies
- Proceedings under the HRA 1998
- Close sectionDivision F Local Authority Responsibility
- Close sectionSection 1 Introduction
- Close sectionSection 2 Provision of Services
- Close section1: Introduction
- Close section2: Children in need
- Close section3: Specific services for children in need
- Close section4: Services for all children
- 4A: Summary of provision of services by local authority in England ‘where appropriate’
- 5: Payment for services
- Close section6: Registration of persons providing day care and child minders
- 7: Advise, assist and befriend
- Close section8: Inspection and improvement of children’s services
- Close section9: Provision of services in Wales
- ‘Well-being’
- Overarching duties
- Duty to assess needs of a child for care and support
- A child’s right to refuse a needs assessment
- The assessment of need in Wales
- The duty to meet a child’s needs in Wales
- Eligibility criteria for provision in Wales
- Care planning in Wales
- Charging and financial assessment in Wales
- Looked after and accommodated children in Wales
- Close sectionSection 3 Provision of Accommodation
- Close sectionSection 4 Other Responsibilities of the Local Authority
- Close sectionSection 5 Child in Care
- Close sectionSection 6 Challenging the Local Authority
- Introduction
- 1: Civil proceedings
- 2: The power of veto
- Close section3: Representations and complaints
- 3A: Representation procedure: check-chart
- 4: The powers of the Secretary of State
- Close section5: Children’s Commissioner
- 6: Complaint to the Ombudsman
- Close section7: Complaint to court under the Children Act 1989
- 8: Wardship: the inherent jurisdiction of the High Court
- 9: Judicial review
- 10: Habeas corpus
- 11: A claim under the Human Rights Act 1998
- Close sectionSection 7 Ceasing to Look After the Child
- Close sectionDivision G Child Abduction and Injunctions
- Close sectionSection 1 Child Abduction within England and Wales
- Close sectionSection 2 Child Abduction within the UK
- Close sectionSection 3 Abduction of children from England and Wales to an overseas jurisdiction
- Close sectionSection 4 Child Abduction between Convention Countries
- 1: Recovery of a child from a Convention country
- Close section2: The Hague Convention
- Introduction
- Habitual residence
- ‘Wrongful removal or retention’
- ‘Rights of custody’
- ‘Rights of access’
- The welfare of the child
- Hearing the voice of the child
- Judges meeting children
- Separate representation of children
- The return of the child
- The applicant
- The application
- ‘Procedure in child abduction cases during the Covid-19 pandemic’
- Hearing must be expedited
- The decision – immediate return
- Exception: more than one year since abduction and child is settled
- Exceptions to immediate return where application made within a year of abduction
- Applications under the Hague Convention in respect of a child brought to England and Wales
- Close section3: The European Convention
- Close sectionSection 5 Child Abduction and Non-Convention Countries
- Close sectionSection 6 Injunctions
- Close sectionDivision H Fostering and Family Placement
- Close sectionSection 1 Introduction
- Close sectionSection 2 Private Fostering
- Close section1: Definition and exemptions
- Close section2: Arranging the private foster placement
- Close section3: Responsibilities and powers of local authorities and of the Secretary of State
- Close section4: Rights, duties and liabilities of a private foster-parent
- Close section5: Termination of fostering
- Close sectionSection 3 Local Authority Fostering
- Close section1: Definition
- Close section2: Responsibilities of a local authority
- Close section3: Child placed with local authority foster-parent
- Approval of local authority foster-parents
- Fostering panel
- Decision of the fostering service provider
- Placement plans
- Emergency placement
- Temporary placement with relative or friend
- Short breaks
- Foster home used as a refuge
- Relationship between the local authority and the foster-parent
- Limitation on numbers of foster-children
- Disclosure of foster-parent’s address
- Supervision and inspection
- Consultations and case reviews
- Payment
- Liability
- Adoption
- Termination of placement
- Close section4: Rights and duties of a local authority foster-parent
- Close section5: Removal of the child from the foster-parent
- Close section6: Legal remedies available to a foster-parent
- Close sectionSection 4 Fostering by a Fostering Agency
- Close section1: Introduction
- Close section2: Responsibilities of a voluntary organisation
- Close section3: Responsibilities of a local authority
- Close section4: Voluntary organisation foster-parent
- Close section5: Removal of the child from the foster-parent
- Close section6: Legal remedies available to a voluntary organisation foster-parent
- Close sectionSection 5 Child in Care placed with Parents
- Close sectionDivision I Non-Statutory Materials
- Close sectionSection 1 Practice Directions, Practice Notes and Guidance
- Close section1: Abduction, removal from jurisdiction and immigration
- Practice Note 14 October 1997 – Hague Convention: Applications by Fathers without Parental Responsibility
- President’s Guidance October 2014 – Communicating with the Home Office in Family Proceedings
- Protocol January 2003 – Child Abduction Cases Between the UK and Pakistan
- President’s Guidance 21 January 2004 – UK Passport Applications on Behalf of Children in the Absence of the Signature of a Person with Parental Responsibility
- Cairo Declaration 17 January 2005 – Resulting from Anglo-Egyptian Meetings on Judicial Co-Operation in International Child Abduction Matters between Egypt and the UK
- 2013 Protocol and Good Practice Model: Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings – October 2013
- President’s Guidance of 10 November 2014: The International Child Abduction and Contact Unit (ICACU)
- Liaison between Courts in England and Wales and British Embassies and High Commissions Abroad: Guidance from the President’s Office
- Guidance for the Judiciary: Transfer of proceedings under Article 15 of Brussels IIa and Articles 8 and/or 9 of the 1996 Hague Convention.
- Close section2: Adoption
- Close section3: Appeals and judicial review
- Practice Direction – PD52A: Appeals: General Provisions
- Practice Direction – PD52B: Appeals in the [County Court]1 and High Court
- Practice Direction – PD52C: Appeals to the Court of Appeal
- Practice Direction – PD52D: Statutory Appeals and Appeals subject to Special Provision
- Practice Direction – PD52E: Appeals by Way of Case Stated
- Practice Direction – PD54A: Judicial Review
- Practice Direction – PD54C: References by the Legal Services Commission
- Practice Direction – PD54D: Administrative Court (Venue)
- Close section4: Children (public law)
- Best Practice Guide – August 2009 – Preparing for Care and Supervision Proceedings
- Cafcass Practice Note 2011: Cafcass and the Work of Independent Reviewing Officers Amended 1 March 2017
- Protocol on communications between judges of the Family Court and Immigration and Asylum Chambers of the First-tier Tribunal and Upper Tribunal: 19 July 2013
- President’s Guidance – 22 April 2014 – Allocation and Gatekeeping for Care, Supervision and other Proceedings under Part IV of the Children Act 1989 (Public Law)
- President’s Guidance – 22 April 2014 – Continuity and Deployment (Public Law)
- President’s Guidance – 22 April 2014 – Use of Prescribed Documents (Public Law)
- President’s Guidance 8 October 2015 Radicalisation cases in the Family Courts
- Close section5: Children (private law)
- President’s Guidance 15 April 2008 – Appointment of Guardians in Accordance with Rule 9.5: President’s Guidance Dated 25th February 2005: Revocation
- Midlands Region Protocol 22 January 2009 – What the Family Courts Expect from Parents
- Revised Protocol – 2 July 2010 – Referrals of Families to Supported Child Contact Centres by Judges and Magistrates
- President’s Joint Guidance – December 2010 – Guidance in cases involving protected parties in which the Official Solicitor is being invited to act as guardian ad litem or litigation friend
- President’s Guidance – 22 April 2014 – Allocation and Gatekeeping for Proceedings under Part II of the Children Act 1989 (Private Law)
- President’s Guidance – 22 April 2014 – Continuity and Deployment (Private Law)
- President’s Guidance – 22 April 2014 – Use of Prescribed Documents (Private Law)
- Practice Note January 2017: The Official Solicitor to the Senior Courts: Appointment in Family Proceedings and Proceedings under the Inherent Jurisdiction in Relation to Adults
- Close section6: General
- Practice Note 2 February 1994 – RE MD and TD (Minors) (Time Estimates)
- Attorney-General’s Memorandum – 19 December 2001 – Requests for the Appointment of an Advocate to the Court
- Practice Direction 12I – Applications for Reporting Restriction Orders
- CAFCASS Practice Note 18 March 2005 – Applications for Reporting Restriction Orders
- Protocol December 2005 – Between the National Youth Advocacy Service and the Children and Family Court Advisory and Support Service
- Practice Note – 28 July 2006 – Official Solicitor: Declaratory Proceedings: Medical and Welfare Decisions for Adults who Lack Capacity
- Practice Note 28 July 2006 – Official Solicitor, CAFCASS and the National Assembly for Wales: Urgent and out of Hours Cases in the Family Division of the High Court
- Protocol (Generic Template) July 2007: ACPO Pilots: Disclosure of Information in Family Proceedings
- Guidance – December 2007 – JSB’s Equal Treatment Advisory Committee (ETAC) Guidance on Religious Dress
- Practice Guidance – 12 July 2010 – McKenzie Friends (Civil and Family Courts)
- President’s Guidance – 22 April 2009 – Applications Consequent upon the Attendance of the Media in Family Proceedings
- Guidelines for Judges Meeting Children who are subject to Family Proceedings – April 2010
- Working Party of the Family Justice Council: Guidelines in relation to Children Giving Evidence in Family Proceedings – December 2011
- Practice Guidance – June 2010 – Re S (Wardship) Guidance in Cases of Stranded Spouses
- President’s Guidance – 18 November 2010 – Out of Hours Hearings
- Practice Guidance 16 January 2014 – Transparency in the Court of Protection: Publication of Judgments
- President’s Guidance 26 March 2015 The Role of the Attorney General in Appointing Advocates to the Court or Special Advocates in Family Cases
- Practice Direction 26 March 2015: Committal for Contempt of Court – Open Court
- Practice Guidance April 2015: Tagging or Electronic Monitoring in Family Cases
- Practice Guidance 24 June 2015: Committal for Contempt of Court – Open Court
- President’s Guidance December 2016 Allocation of work to Section 91 Judges
- Practice Guidance 18 January 2017: Family Court – Duration of Ex Parte (Without Notice) Orders
- President’s Guidance 28 February 2018 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
- Close section1: Abduction, removal from jurisdiction and immigration
- Close sectionSection 2 Public Funding (Legal Aid)
- Close sectionSection 3 International Conventions
- Contracting States to the Convention on the Civil Aspects of International Child Abduction (The Hague, 25 October 1980)
- European Convention Countries
- Close sectionPractice Guide for the Application of the New Brussels II Regulation
- Introduction
- I. Scope of application
- II Which Member State’s courts have jurisdiction?
- III. Transfer to a better placed court
- IV. What happens if the same proceedings are brought in two Member States?
- V. How can a decision be recognised and enforced in another Member State?
- VI. The rules on access rights
- VII. The rules on child abduction
- VIII. Enforcement
- IX. Hearing the child
- X. Co-operation between central authorities and between courts
- XI. Relationship between the Regulation and the 1996 Hague Convention on child protection
- Annex: Divorce proceedings in the European Union Brief summary of the rules on matrimonial matters
- Close sectionPractice Guide for the Application of the Brussels IIa Regulation
- 1: General Introduction
- 2: Matrimonial Matters
- 3. Parental Responsibility
- 4. The Rules on International Child Abduction within the EU
- 5. Enforcement
- 6. Hearing the child – Articles 23, 41 and 42
- 7. Co-operation between central authorities and between courts – Articles 53–58
- 8. Relationship between the Regulation and the 1996 Hague Convention on child protection – Articles 61 and 62
- Close sectionExplanatory Report by Elisa Pérez-Vera Translation of the Permanent Bureau
- Contracting States to the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (The Hague, May 1993)
- Countries/Territories Listed in the Adoption (Recognition of Overseas Adoptions) Order 2013
- Close sectionUN Convention on the Rights of the Child
- Close sectionSection 3A Extradition Treaties
- Close sectionSection 4 Standard Scale Fines
- Close sectionSection 5 Social Security Benefits
- Close sectionSection 6 Addresses
- Close sectionSection 1 Practice Directions, Practice Notes and Guidance
- Close sectionDivision J Statutes
- Close sectionChildren and Young Persons Act 1933
- Close sectionPart I:: Prevention of Cruelty and Exposure to Moral and Physical Danger
- Close sectionPart III:: Protection of Children and Young Persons in Relation to Criminal and Summary Proceedings
- Close sectionPart VI:: Supplemental
- First Schedule: Offences Against Children and Young Persons, with Respect to Which Special Provisions of This Act Apply
- Close sectionMarriage Act 1949
- Close sectionBirths and Deaths Registration Act 1953
- Close sectionPart I:: Registration of Births
- 2: Information concerning birth to be given to registrar within forty-two days
- [10: [Registration of father …11 or of second female parent where parents not [married or]10 civil partners]9
- [10ZA: Registration of father or second female parent by virtue of certain provisions of Human Fertilisation and Embryology Act 2008
- [[10A: Re-registration where parents neither married nor civil partners]10
- 14: Re-registration of births of legitimated persons
- [14A: Re-registration after declaration of parentage
- Close sectionPart I:: Registration of Births
- Close sectionSexual Offences Act 1956
- Close sectionAdministration of Justice Act 1960
- Close sectionAbortion Act 1967
- Close sectionDomestic and Appellate Proceedings (Restriction of Publicity) Act 1968
- Close sectionFamily Law Reform Act 1969
- Close sectionPart I:: Reduction of Age of Majority and Related Provisions
- 1: Reduction of age of majority from 21 to 18
- 2: Provisions relating to marriage
- 3: Provisions relating to wills and intestacy
- 8: Consent by persons over 16 to surgical, medical and dental treatment
- 9: Time at which a person attains a particular age
- 12: Persons under full age may be described as minors instead of infants
- Close sectionPart III:: Provisions for use of [Scientific Tests]1 in Determining [Parentage]1
- 20: Power of court to require use of [scientific tests]4
- 21: Consents, etc, required for taking of [bodily samples]2
- 22: Power to provide for manner of giving effect to direction of use of [scientific tests]3
- 23: Failure to comply with direction for taking [scientific tests]1
- 24: Penalty for personating another, etc, for purpose of providing [bodily sample]2
- 25: Interpretation of Part III
- Close sectionPart IV:: Miscellaneous and General
- Close sectionSchedule 3: Transitional Provisions and Savings
- 1: Interpretation
- 2: Funds in court
- 3: Wardship and custody orders
- 4: Adoption orders
- 5: Power of trustees to apply income for maintenance of minor
- 6: Personal representatives’ powers during minority of beneficiary
- 7: Accumulation periods
- 8: Limitation of actions
- 9: Statutory provisions incorporated in deeds, wills, etc.
- Close sectionPart I:: Reduction of Age of Majority and Related Provisions
- Close sectionChildren and Young Persons Act 1969
- Close sectionLocal Authority Social Services Act 1970
- 1: Local authorities
- [1A: Meaning of ‘social services functions’
- 2
- 3
- 3A
- 4
- 5
- 6: The director of social services
- 7: Local authorities to exercise social services functions under guidance of Secretary of State
- [7A: Directions by the Secretary of State as to exercise of social services functions
- [[7B
- [7C: Inquiries
- [7D: Default powers of Secretary of State as respects social services functions of local authorities
- [7E: Grants to local authorities in respect of social services for the mentally ill
- 13: Orders and regulations
- 15: Citation, interpretation, commencement and extent
- [Schedule 1: Social Services Functions]1
- Close sectionMatrimonial Causes Act 1973
- Close sectionDomicile and Matrimonial Proceedings Act 1973
- Close sectionAdoption Act 1976
- Close sectionPart IV:: Status of Adopted Children
- 38: Meaning of ‘adoption’ in Part IV
- 39: Status conferred by adoption
- 41: Adoptive relatives
- 42: Rules of construction for instruments concerning property
- 43: Dispositions depending on date of birth
- 44: Property devolving with peerages etc
- 45: Protection of trustees and personal representatives
- 46: Meaning of ‘disposition’
- 47: Miscellaneous enactments
- 48: Pensions
- 49: Insurance
- Close sectionPart IV:: Status of Adopted Children
- Close sectionLegitimacy Act 1976
- [A1 Legitimacy of children of civil partners
- 1: Legitimacy of children of certain void marriages [and civil partnerships]4
- 2: Legitimation by subsequent marriage [or civil partnership]2 of [mother and father]1
- [2A: Legitimation by subsequent [marriage or]2 civil partnership of parents
- 3: Legitimation by extraneous law
- 4: Legitimation of adopted child
- 5: Rights of legitimated persons and others to take interests in property
- 6: Dispositions depending on date of birth
- 7: Protection of trustees and personal representatives
- 8: Personal rights and obligations
- 9: Re-registration of birth of legitimated person
- 10: Interpretation
- 11: Savings, amendments and repeals
- 12: Short title, commencement and extent
- Close sectionSchedule 1: Savings and Consequential Amendments
- Close sectionDomestic Proceedings and Magistrates’ Courts Act 1978
- Close sectionPart I:: Matrimonial Proceedings in Magistrates’ Courts
- Powers of court to make orders for financial provision for parties to a marriage and children of the family
- Powers of court as to the custody etc of children
- Interim orders
- Variation, revocation and cessation of orders etc
- Reconciliation
- Provisions relating to the High Court and county court
- Provisions relating to procedure, jurisdiction and enforcement
- Close sectionPart V:: Supplementary Provisions
- Close sectionSchedule 1: Transitional Provisions
- Close sectionPart I:: Matrimonial Proceedings in Magistrates’ Courts
- Close sectionMagistrates’ Courts Act 1980
- Close section[Senior Courts Act 1981]1
- Close sectionMental Health Act 1983
- Close sectionChild Abduction Act 1984
- Close sectionCounty Courts Act 1984
- Close sectionMatrimonial and Family Proceedings Act 1984
- Close section[Part 4A: The family court
- 31A: Establishment of the family court
- [31B: Sittings
- [31C: Judges
- [31D: Composition of the court and distribution of its business
- [31E: Family court has High Court and county court powers
- [31F: Proceedings and decisions
- [31G: Witnesses and evidence
- [31H: Contempt of court: power to limit court’s powers
- [31I: Powers of the High Court in respect of family court proceedings
- [31J: Overview of certain powers of the court under other Acts
- [31K: Appeals
- [31L: Enforcement
- [31M: Records of proceedings
- [31N: Summonses and other documents
- [[31O: Function of giving legal advice to judges
- [31P: Orders, regulations and rules under Part 4A
- Close sectionPart V:: Family Business: Distribution and Transfer
- Close sectionPart VI:: Miscellaneous and General
- Close section[Part 4A: The family court
- Close sectionSurrogacy Arrangements Act 1985
- Close sectionChild Abduction and Custody Act 1985
- Close sectionPart I:: International Child Abduction
- 1: The Hague Convention
- 2: Contracting States
- 3: Central Authorities
- 4: Judicial authorities
- 5: Interim powers
- 6: Reports
- 7: Proof of documents and evidence
- 8: Declarations by United Kingdom courts
- 9: Suspension of court’s powers in cases of wrongful removal
- 10: Rules of court
- 11: Cost of applications
- Close sectionPart II:: Recognition and Enforcement of Custody Decisions
- 12: The European Convention
- 13: Contracting States
- 14: Central Authorities
- 15: Recognition of decisions
- 16: Registration of decisions
- 17: Variation and revocation of registered decisions
- 18: Enforcement of decisions
- 19: Interim powers
- 20: Suspension of court’s powers
- 21: Reports
- 22: Proof of documents and evidence
- 23: Decisions of United Kingdom courts
- 24: Rules of court
- Close sectionPart III:: Supplementary
- Close sectionSchedule 1: Convention on The Civil Aspects of International Child Abduction
- Close sectionSchedule 2: European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children
- Close sectionSchedule 3: Custody Orders
- Close sectionPart I:: International Child Abduction
- Close sectionFamily Law Act 1986
- Close sectionFamily Law Reform Act 1987
- Close sectionMatrimonial Proceedings (Transfers) Act 1988
- Close sectionAccess to Medical Reports Act 1988
- 1: Right of access
- 2: Interpretation
- 3: Consent to applications for medical reports for employment or insurance purposes
- 4: Access to reports before they are supplied
- 5: Consent to supplying of report and correction of errors
- 6: Retention of reports
- 7: Exemptions
- 8: Application to the court
- 9: Notifications under this Act
- 10: Short title, commencement and extent
- Close sectionChildren Act 1989
- Close sectionPart I:: Introductory
- 1: Welfare of the child
- 2: Parental responsibility for children
- 3: Meaning of ‘parental responsibility’
- 4: Acquisition of parental responsibility by father
- [4ZA: Acquisition of parental responsibility by second female parent
- [4A: Acquisition of parental responsibility by step-parent
- 5: Appointment of guardians
- 6: Guardians: revocation and disclaimer
- 7: Welfare reports
- Close sectionPart II:: Orders With Respect to Children in Family and Other Proceedings
- Close sectionPart III:: [Support for Children and Families Provided by Local Authorities in England]1
- [Application to local authorities in England
- Provision of services for children and their families
- Provision of accommodation for children
- Duties of local authorities in relation to children looked after by them
- [Educational achievement of previously looked after children
- [Visiting
- Advice and assistance for certain children [and young persons]1
- [Personal advisers and pathway plans]1
- Secure accommodation
- [Independent reviewing officers
- Supplemental
- Close sectionPart IV:: Care and Supervision
- Close sectionPart V:: Protection of Children
- 43: Child assessment orders
- 44: Orders for emergency protection of children
- [44A: Power to include exclusion requirement in emergency protection order]1
- [44B: Undertakings relating to emergency protection orders]1
- 45: Duration of emergency protection orders and other supplemental provisions
- 46: Removal and accommodation of children by police in cases of emergency
- 47: Local authority’s duty to investigate
- 48: Powers to assist in discovery of children who may be in need of emergency protection
- 49: Abduction of children in care etc
- 50: Recovery of abducted children etc
- 51: Refuges for children at risk
- 52: Rules and regulations
- Close sectionPart VI:: Community Homes
- 53: Provision of community homes by local authorities
- 54
- 55: Determination of disputes relating to controlled and assisted community homes
- 56: Discontinuance by voluntary organisation of controlled or assisted community home
- 57: Closure by local authority of controlled or assisted community home
- 58: Financial provisions applicable on cessation of controlled or assisted community home or disposal etc of premises
- Close sectionPart VII:: Voluntary Homes and Voluntary Organisations
- Close sectionPart VIII:: Registered Children’s Homes
- Close sectionPart IX:: Private Arrangements for Fostering Children
- Close sectionPart X:: Child minding and day care for young children
- Close section[Part XA3: Child Minding and Day Care for Children in […2 Wales]1
- Close sectionPart XI:: Secretary of State’s Supervisory Functions and Responsibilities
- Close sectionPart XII:: Miscellaneous and General
- Close section[Schedule A1: Enforcement Orders
- Close sectionSchedule 1: Financial Provision for Children
- 1: Orders for financial relief against parents
- 2: Orders for financial relief for persons over eighteen
- 3: Duration of orders for financial relief
- 4: Matters to which court is to have regard in making orders for financial relief
- 5: Provisions relating to lump sums
- 6: Variation etc of orders for periodical payments
- [6A: Variation of orders for periodical payments etc made by magistrates’ courts]1
- 7: Variation of orders for secured periodical payments after death of parent
- 8: Financial relief under other enactments
- 9: Interim orders
- 10: Alteration of maintenance agreements
- 11
- 12: Enforcement of orders for maintenance
- 13: Direction for settlement of instrument by conveyancing counsel
- [14: Jurisdiction in relation to matters relating to maintenance]2
- 15: Local authority contribution to child’s maintenance
- 16: Interpretation
- Close sectionSchedule 2: [Support for Children and Families Provided by Local Authorities in England]13
- Close sectionSchedule 3: Supervision Orders
- Close sectionSchedule 4: Management and Conduct of Community Homes
- Close sectionSchedule 5: Voluntary Homes and Voluntary Organisations
- Close sectionSchedule 6: [Private Children’s Homes]1
- Close sectionSchedule 7: Foster Parents: Limits on Number of Foster Children
- Close sectionSchedule 8: Privately Fostered Children
- 1: Exemptions
- 2
- 3
- 4
- 5
- 6: Power of local authority to impose requirements
- 7: Regulations requiring notification of fostering etc
- [7A
- 8: Appeals
- 9: Extension of Part IX to certain school children during holidays
- 10: Prohibition of advertisements relating to fostering
- 11: Avoidance of insurances on lives of privately fostered children
- Close section[Schedule 9A: Child Minding and day Care for Young Children [in Wales]15
- Schedule 10
- Close sectionSchedule 11: Jurisdiction
- Close sectionSchedule 14: Transitional and Savings
- 1: Pending Proceedings, etc.
- 2
- 3: Custody Orders, Etc Cessation of declarations of unfitness, etc.
- 4: The Family Law Reform Act 1987 (c. 42) Conversion of orders under section 4
- 5: Orders to which paragraphs 6 to 11 apply
- 6: Parental responsibility of parents
- 7: Persons who are not parents but who have custody or care and control
- ‘15
- 8: Persons who have care and control
- 9: Persons who have access
- 10: Enforcement of certain existing orders
- 11: Discharge of existing orders
- 12: Guardians Existing Guardians to be Guardians Under This act
- 13: Appointment of guardian not yet in effect
- 14: Persons deemed to be appointed as guardians under existing wills
- Children in Care
- Supervision Orders
- Miscellaneous
- Legal aid
- Schedule 15: Repeals
- Close sectionPart I:: Introductory
- Close sectionAccess to Health Records Act 1990
- Close sectionHuman Fertilisation and Embryology Act 1990
- Close sectionPrincipal terms used
- Close sectionActivities governed by the Act
- Close sectionThe Human Fertilisation and Embryology Authority, its functions and procedure
- 5: The Human Fertilisation and Embryology Authority
- 6: Accounts and audit
- 7: Reports to Secretary of State
- 8: General functions of the Authority
- [8ZA: Duties in relation to carrying out its functions
- [8ZB [Duties of the Authority in relation to the Single European Code: Northern Ireland]2
- [8A: [Duty of Authority to communicate with competent authorities of EEA states: Northern Ireland]2
- [8B: Agency arrangements and provision of services
- [8C: Contracting out functions of Authority
- [8D: Disclosure of information where functions of Authority exercised by others
- [8E: Power to assist other public authorities
- 9
- [9A: Power to delegate and establish committees
- 10
- Close sectionScope of licences
- Close sectionLicence conditions
- 12: General conditions
- 13: Conditions of licences for treatment
- [13A: Conditions of licences for non-medical fertility services
- 14: Conditions of storage licences
- [14A: Conditions of licences: human application
- 15: Conditions of research licences
- [15A: Duties of the Authority in relation to serious adverse events and serious adverse reactions
- [15B [Inspections of third country premises etc: Northern Ireland]2
- [15C [Third country premises and third country suppliers: report of inspections etc: Northern Ireland]2
- Close sectionGrant, revocation and suspension of licences
- 16: Grant of licence
- 17: The person responsible
- [18: Revocation of licence
- [18A: Variation of licence
- [19: Procedure in relation to licensing decisions
- [19A: Notification of licensing decisions
- [19B: Applications under this Act
- [19C: Power to suspend licence
- [20: Right to reconsideration of licensing decisions
- [20A: Appeals committee
- [20B: Procedure on reconsideration
- [21: Appeal on a point of law
- 22
- Close sectionDirections and guidance
- Close sectionStatus
- Close sectionInformation
- [31: Register of information
- [31ZA: Request for information as to genetic parentage etc.
- [31ZB: Request for information as to intended spouse etc.
- [31ZC: Power of Authority to inform donor of request for information
- [31ZD: Provision to donor of information about resulting children
- [31ZE: Provision of information about donor-conceived genetic siblings
- [31ZF: Power of Authority to keep voluntary contact register
- [31ZG: Financial assistance for person setting up or keeping voluntary contact register
- [31A: The Authority’s register of licences
- [31B: The Authority’s register of serious adverse events and serious adverse reactions
- 32: Information to be provided to Registrar General
- 33
- [33A: Disclosure of information
- [33B: Consent required to authorise certain disclosures
- [33C: Power to provide for additional exceptions from section 33A(1)
- [33D: Disclosure for the purposes of medical or other research
- 34: Disclosure in interests of justice
- 35: Disclosure in interests of justice: congenital disabilities, etc
- Close section[Mitochondrial donation
- Close section[Fees
- Close sectionConscientious objection
- Close sectionEnforcement
- Close sectionOffences
- Close sectionMiscellaneous and General
- Close sectionSchedule 1: The Authority: Supplementary Provisions
- 1: Status and capacity
- 2
- 3: Expenses
- 4: Appointment of members
- [4A
- 5: Tenure of office
- [5A
- 5B
- 6: Disqualification of members of Authority for House of Commons and Northern Ireland Assembly
- 7: Remuneration and pensions of members
- 8: Staff
- 9: Proceedings
- 10
- 11
- 12: Instruments
- 13
- 14: Investigation by Parliamentary Commissioner
- [15: Application of Statutory Instruments Act 1946
- Close sectionSchedule 2: Activities for Which Licences may be Granted
- Close sectionSchedule 3: Consents to Use of Gametes [or Storage of Gametes, Embryos or Human Admixed Embryos etc]1
- [1: Consent
- 2
- 3: Procedure for giving consent
- 4: Variation and withdrawal of consent
- [4A
- 5: Use of gametes for treatment of others
- 6: In vitro fertilisation and subsequent use of embryo
- 7: Embryos obtained by lavage, etc
- 8: Storage of gametes and embryos
- [9: Cases where consent not required for storage
- 10
- 11
- [12: Creation, use and storage of human admixed embryos
- 13
- 14
- [15: Parental consent conditions
- 16: Parental consent conditions
- 17: Consent to use of human cells etc not required: adult lacking capacity
- 18: Consulting carers etc in case of adult lacking capacity
- 19: Effect of acquiring capacity
- 20: Use of cells or cell lines in existence before relevant commencement date
- 21: Conditions for grant of exemption in paragraph 20
- [22: Interpretation
- Close section[Schedule 3ZA: Circumstances in which Offer of Counselling Required as Condition of Licence for Treatment
- Close section[Schedule 3A: Supplementary Licence Conditions: Human Application
- Close section[Schedule 3AA: Requirements where gametes or embryos imported from third country
- Close section[Schedule 3B: Inspection, Entry, Search and Seizure
- 1: Inspection of statutory records
- [1A Inspection of documents held by an importing licensee
- 2: Arranging inspections
- 3: Entry and inspection of premises
- 4
- [4A
- 5: Entry and search in connection with suspected offence
- 6: Execution of warrants
- 7: Seizure in the course of inspection or search
- 8: Supplementary provision
- 9
- 10: Enforcement
- 11: Interpretation
- Close sectionFamily Law Act 1996
- Close sectionPart IV:: Family Homes and Domestic Violence
- Rights to occupy matrimonial [or civil partnership]1 home
- Occupation orders
- Non-molestation orders
- Further provisions relating to occupation and non-molestation orders
- Enforcement powers of magistrates’ courts
- Interim care orders and emergency protection orders
- Transfer of tenancies
- Dwelling-house subject to mortgage
- Jurisdiction and procedure etc.
- General
- Close section[Part IVA: Forced Marriage
- Close sectionPart V:: Supplemental
- Close sectionSchedule 5: Powers of High Court and County Court to Remand
- Close sectionSchedule 9: Modifications, Saving and Transitional
- Close sectionPart IV:: Family Homes and Domestic Violence
- Close sectionProtection From Harassment Act 1997
- Close sectionEngland and Wales
- 1: Prohibition of harassment
- 2: Offence of harassment
- [2A: Offence of stalking
- [2B: Power of entry in relation to offence of stalking
- 3: Civil remedy
- [3A: Injunctions to protect persons from harassment within section 1(1A)
- 4: Putting people in fear of violence
- [4A: Stalking involving fear of violence or serious alarm or distress
- 5: Restraining orders [on conviction]2
- [5A: Restraining orders on acquittal
- 6: Limitation
- 7: Interpretation of this group of sections
- Close sectionGeneral
- Close sectionEngland and Wales
- Close sectionCrime and Disorder Act 1998
- Close sectionHuman Rights Act 1998
- Close sectionIntroduction
- Close sectionLegislation
- Close sectionPublic authorities
- Close sectionRemedial action
- Close sectionOther rights and proceedings
- Close sectionDerogations and reservations
- Close sectionJudges of the European Court of Human Rights
- Close sectionParliamentary procedure
- Close sectionSupplemental
- Close sectionSchedule 1: The Articles
- Close sectionSchedule 2: Remedial Orders
- Close sectionAdoption (Intercountry Aspects) Act 1999
- Close sectionProtection of Children Act 1999
- Close sectionCare Standards Act 2000
- Close sectionPart I:: Introductory
- Close sectionPart II:: Establishments and Agencies
- Close sectionPart III:: Local Authority Services
- Close sectionPart V:: The Children’s Commissioner for Wales
- 72: Children’s Commissioner for Wales
- [72A: Principal aim of the Commissioner
- [72B: Review of exercise of functions of [Welsh Ministers]2
- 73: Review and monitoring of arrangements
- 74: Examination of cases
- 75: Obstruction etc
- [75ZB Working jointly with the Public Services Ombudsman for Wales
- [75ZC Working jointly with the Public Services Ombudsman for Wales
- [75A: Additional power of consideration and representation
- 76: Further functions
- 77: Restrictions
- 78: Interpretation
- Part VI: Child Minding and Day Care
- Close section‘Part XA: Child Minding and Day Care for Children in England and Wales
- Part: VII: Protection of Children and Vulnerable Adults
- Close sectionCriminal Justice and Court Services Act 2000
- Close sectionAdoption and Children Act 2002
- Close sectionPart I:: Adoption
- Close sectionPart 2:: Amendments of The Children Act 1989
- Close sectionPart 3:: Miscellaneous and Final Provisions
- Close sectionSchedule 1: Registration of Adoptions
- 1: Registration of adoption orders
- 2: Registration of adoptions in Scotland, Northern Ireland, the Isle of Man and the Channel Islands
- 3: Registration of other adoptions
- 4: Amendment of orders and rectification of Registers and other records
- 5: Marking of entries on re-registration of birth on legitimation
- 6: Cancellations in registers on legitimation
- Close sectionSchedule 2: Disclosure of Birth Records by Registrar General
- Close sectionSchedule 3: Minor and Consequential Amendments
- 16: The Legitimacy Act 1976
- 17
- 18
- 36: The Magistrates’ Courts Act 1980
- 37
- 38
- 39
- 40
- 44: The Matrimonial and Family Proceedings Act 1984
- 45: The Child Abduction and Custody Act 1985
- 46: The Family Law Act 1986
- 47
- 48
- 49
- 50: The Family Law Reform Act 1987
- 51
- 52
- 76: The Human Fertilisation and Embryology Act 1990
- 77
- 78
- 79
- 81
- 85: The Family Law Act 1996
- 86
- 87
- 88
- [118: The Criminal Justice and Court Services Act 2000
- Close sectionSchedule 4: Transitional and Transitory Provisions and Savings
- 1: General rules for continuity
- 2: General rule for old savings
- 6: Pending applications for freeing orders
- 7: Freeing orders
- 8: Pending applications for adoption orders
- 9: Notification of adoption applications
- 17: Status
- 18
- 19
- 20: Registration of adoptions
- 21: The Child Abduction Act 1984
- 22: The Courts and Legal Services Act 1990
- 23: The Children (Scotland) Act 1995
- Schedule 5: Repeals
- Schedule 6: Glossary
- Close sectionCriminal Justice Act 2003
- Close sectionHuman Fertilisation and Embryology (Deceased Fathers) Act 2003
- Close sectionChildren Act 2004
- Close sectionPart 1:: Children’s Commissioner
- 1: Establishment
- [2: Primary function: children’s rights, views and interests
- [2A: United Nations Convention on the Rights of the Child
- [2B: Involving children in the discharge of the primary function
- [2C: Primary function: reports
- [2D: Provision of advice and assistance to certain children in England
- [2E: Powers to enter premises to conduct interviews or observe standards
- [2F: Provision of information to Commissioner
- 3: Inquiries initiated by Commissioner
- 4: Other inquiries held by Commissioner
- 5: Functions of Commissioner in Wales
- 6: Functions of Commissioner in Scotland
- 7: Functions of Commissioner in Northern Ireland
- [7A: Advisory board
- [7B: Business plans
- 8: Annual reports
- [8A: Children in England living away from home or receiving social care
- [9: Commissioner’s functions in relation to certain young people
- Close sectionPart 2:: Children’s Services in England
- Close sectionPart 3:: Children’s Services in Wales
- Close sectionPart 4:: Advisory and Support Services for Family Proceedings
- Close sectionPart 5:: Miscellaneous
- Close sectionPart 6:: General
- Close sectionSchedule 1: Children’s Commissioner
- Close sectionSchedule 2: Director of Children’s Services: Consequential Amendments
- 1: Children and Young Persons Act 1933 (c 12)
- 2: Local Authority Social Services Act 1970 (c 42)
- 3: Local Government and Housing Act 1989 (c 42)
- 4: Education Act 1996 (c 56)
- 5: Crime and Disorder Act 1998 (c 37)
- 6: Protection of Children Act 1999 (c 14)
- 7: Criminal Justice and Court Services Act 2000 (c 43)
- 8: …1
- Close sectionSchedule 3: Advisory and Support Services for Family Proceedings
- 1: Domestic Proceedings and Magistrates’ Courts Act 1978 (c 22)
- 2: Child Abduction and Custody Act 1985 (c 60)
- 3
- 4
- 5: Children Act 1989 (c 41)
- 6
- 7
- 8
- 9
- 10
- 11
- 12: Criminal Justice and Court Services Act 2000 (c 43)
- 13
- 14
- 15: Adoption and Children Act 2002 (c 38)
- 16
- 17
- 18: Sexual Offences Act 2003 (c 42)
- Close sectionSchedule 4: Child Minding and Day Care
- 1
- 2: Conditions imposed by justice of the peace or tribunal
- 3: Application fees
- 4: Fees payable by registered persons
- 5: Waiver of disqualification
- 6: Qualification for registration
- 7: Hotels etc
- 8: Prohibition in respect of disqualified persons
- 9: Unincorporated associations
- ‘5A Provision of day care: unincorporated associations
- Close sectionSchedule 5: Repeals
- Close sectionPart 1:: Children’s Commissioner
- Close sectionMental Capacity Act 2005
- Close sectionPart 1:: Persons who lack capacity
- The principles
- Preliminary
- Lasting powers of attorney
- General powers of the court and appointment of deputies
- [Powers of the court in relation to Schedule A1
- Powers of the court in relation to lasting powers of attorney
- Advance decisions to refuse treatment
- Excluded decisions
- Research
- Independent mental capacity advocate service
- Miscellaneous and supplementary
- Close sectionPart 2:: The Court of Protection and the Public Guardian
- Close sectionPart 3:: Miscellaneous and general
- Close section[Schedule A1: Hospital and Care Home Residents: Deprivation of Liberty
- Part 1:: Authorisation to Deprive Residents of Liberty etc
- Part 2:: Interpretation: Main Terms
- Part 3:: The Qualifying Requirements
- Part 4:: Standard Authorisations
- Part 5:: Urgent Authorisations
- Part 6:: Eligibility Requirement Not Met: Suspension of Standard Authorisation
- Part 7:: Standard Authorisations: Change in Supervisory Responsibility
- Part 8:: Standard Authorisations: Review
- Part 9:: Assessments under this Schedule
- Part 10:: Relevant Person’s Representative
- Part 11:: IMCAs
- Part 12:: Miscellaneous
- Part 13:: Interpretation
- Close sectionSchedule 1: Lasting Powers of Attorney: Formalities
- Close section[Schedule 1A: Persons Ineligible to be Deprived of Liberty by this Act
- Close sectionSchedule 2: Property and Affairs: Supplementary Provisions
- 1: Wills: general
- 2: Provision that may be made in will
- 3: Wills: requirements relating to execution
- 4: Wills: effect of execution
- 5: Vesting orders ancillary to settlement etc
- 6: Variation of settlements
- 7: Vesting of stock in curator appointed outside England and Wales
- 8: Preservation of interests in property disposed of on behalf of person lacking capacity
- 10: Powers as patron of benefice
- Close sectionSchedule 3: International Protection of Adults
- Close sectionSchedule 4: Provisions Applying to Existing Enduring Powers of Attorney
- Part 1:: Enduring powers of attorney
- Part 2:: Action on actual or impending incapacity of donor
- Part 3:: Notification prior to registration
- Part 4:: Registration
- Part 5:: Legal position after registration
- Part 6:: Protection of attorney and third parties
- Part 7:: Joint and joint and several attorneys
- Part 8:: Interpretation
- Close sectionSchedule 5: Transitional Provisions and Savings
- Close sectionSchedule 6: Minor and Consequential Amendments
- 1: Fines and Recoveries Act 1833
- 2: Improvement of Land Act 1864
- 3: Trustee Act 1925
- 4: Law of Property Act 1925
- 5: Administration of Estates Act 1925
- 6: National Assistance Act 1948
- 7: USA Veterans’ Pensions (Administration) Act 1949
- 8: Intestates’ Estates Act 1952
- 9: Variation of Trusts Act 1958
- 10: Administration of Justice Act 1960
- 11: Industrial and Provident Societies Act 1965
- 12: Compulsory Purchase Act 1965
- 13: Leasehold Reform Act 1967
- 14: Medicines Act 1968
- 15: Family Law Reform Act 1969
- 16: Local Authority Social Services Act 1970
- 17: Courts Act 1971
- 18: Local Government Act 1972
- 19: Matrimonial Causes Act 1973
- 20: Juries Act 1974
- 21: Consumer Credit Act 1974
- 22: Solicitors Act 1974
- 23: Local Government (Miscellaneous Provisions) Act 1976
- 24: Sale of Goods Act 1979
- 25: Limitation Act 1980
- 26: Public Passenger Vehicles Act 1981
- 27: Judicial Pensions Act 1981
- 28: [Senior Courts Act 1981]1
- 29: Mental Health Act 1983
- 30: Administration of Justice Act 1985
- 31: Insolvency Act 1986
- 32: Building Societies Act 1986
- 33: Public Trustee and Administration of Funds Act 1986
- 34: Patronage (Benefices) Measure 1986 (No3)
- 35: Courts and Legal Services Act 1990
- 36: Child Support Act 1991
- 37: Social Security Administration Act 1992
- 38: Judicial Pensions and Retirement Act 1993
- 39: Leasehold Reform, Housing and Urban Development Act 1993
- 40: Goods Vehicles (Licensing of Operators) Act 1995
- 41: Disability Discrimination Act 1995
- 42: Trusts of Land and Appointment of Trustees Act 1996
- 43: Human Rights Act 1998
- 44: Access to Justice Act 1999
- 45: Adoption and Children Act 2002
- 46: Licensing Act 2003
- 47: Courts Act 2003
- Schedule 7: Repeals
- Close sectionPart 1:: Persons who lack capacity
- Close sectionChildren and Adoption Act 2006
- Close sectionHuman Fertilisation and Embryology Act 2008
- Close sectionPart 2:: Parenthood in cases involving assisted reproduction
- Meaning of ‘mother’
- Application of sections 35 to 47
- Meaning of ‘father’
- Cases in which woman to be other parent
- Effect of sections 33 to 47
- References to parties to marriage or civil partnership
- Further provision about registration by virtue of section 39, 40 or 46
- Interpretation of references to father etc. where woman is other parent
- Parental orders
- Amendments of enactments
- General
- Close sectionPart 2:: Parenthood in cases involving assisted reproduction
- Close sectionChildren and Families Act 2014
- Close sectionChildren and Young Persons Act 1933
- Close sectionDivision K Statutory Instruments
- Close sectionRules of the Supreme Court 1965
- Close sectionOrder 55: Appeals to High Court from Court, Tribunal or Person: General
- Close sectionOrder 58: Appeals from Masters, District Judges, Referees and Judges
- 1: Appeals from certain decisions of masters, etc to judge in chambers
- 2: Appeals from certain decisions of masters, etc to Court of Appeal
- 3: Appeals from district registrars
- 4: Appeals from official referees
- 5: Appeals from special referees
- 6: Appeal from judge in chambers
- 7: Appeal from judgment, etc of judge in interpleader proceedings
- Close sectionBlood Tests (Evidence of Paternity) Regulations 1971
- 1: Citation and commencement
- 2: Interpretation
- 3: Direction form
- 4: [Subject who is under 16 or a protected party to be accompanied to sampler]1
- 5: [Obtaining]2 of samples
- 6: Sampling procedure
- 7: Despatch of samples to tester
- 8: Procedure where sampler nominated is unable to take the samples
- [8A: Accreditation
- 9: Testing of samples
- 10: Report by tester
- 11: Procedure where tests not made
- 12: Fees
- Schedule 1
- Schedule 2
- Magistrates’ Courts (Blood Tests) Rules 1971
- Close sectionAdoption (Designation of Overseas Adoptions) Order 1973
- Close sectionMagistrates’ Courts Rules 1981
- Close sectionCounty Court Rules 1981
- Close sectionAdoption Agencies Regulations 1983
- 1: Citation, commencement, extent and interpretation
- 2: […]1 3 […]1
- 4: Application of regulations to certain adoption agencies
- [5: Establishment of adoption panel and appointment of members
- [5A: Tenure of office of members
- [5B: Establishment of new panels on 1st November 1997
- 6: Adoption agency arrangements for adoption work
- 7: Adoption agency’s duties in respect of a child and his parents or guardian
- 8: Adoption agency’s duties in respect of a prospective adopter
- [8A: Criminal convictions of a prospective adopter
- 9: Adoption agency’s duties in respect of proposed placement
- 10: Adoptive panel functions
- 11: Adoption agency decisions and notifications
- [11A: Adoption agency decisions and notifications – prospective adopters
- 12: Placement for adoption
- 13: Review of case where no placement made within six months of freeing for adoption
- [13A: Information on adoption
- 14: Confidentiality and preservation of case records
- 15: Access to case records and disclosure of information
- 16: Transfer of case records
- [17: Progress reports under section 19 of the Act
- [17A: Local authority reports in non agency cases
- 18: Revocations
- Schedule: 1
- Part I: Particulars Relating to the Child
- Close sectionPart II: Matters to be Covered in Report on The Child’s Health
- Part III: Particulars Relating to Each Natural Parent, Including Where Appropriate the Father of an Illegitimate Child
- Part IV: Particulars Relating to the Health of Each Natural Parent Including Where Appropriate the Father of an Illegitimate Child
- Part V: Particulars Relating to a Guardian
- Part VI: Particulars Relating to the Prospective Adopter
- Part VII: Matters to be Covered in Report on Health of the Prospective Adopter
- [Part VIII Considerations to be Included in Review
- Close section[Schedule 2 Offences in England and Wales
- Close sectionMagistrates’ Courts (Child Abduction and Custody) Rules 1986
- 1: Citation and commencement
- 2: Interpretation
- 3: Stay of proceedings pending in a magistrates’ court
- 4: Dismissal of complaint
- 5: Resumption of proceedings after stay
- 6: Further stay of proceedings or dismissal of complaint
- 7: Notice of registration of order in respect of a child
- 8: Authenticated copy of magistrates’ court order
- 9: Application for declaration of unlawful removal of a child
- Close sectionChild Abduction and Custody (Parties to Conventions) Order 1986
- Magistrates’ Courts (Family Law Act 1986) Rules 1988
- Close sectionAbortion Regulations 1991
- Close sectionEmergency Protection Order (Transfer of Responsibilities) Regulations 1991
- Close sectionParental Responsibility Agreement Regulations 1991
- Close sectionChildren (Secure Accommodation) Regulations 1991
- 1: Citation[, commencement and extent]1
- [1A: Disapplication to Wales
- 2: Interpretation
- [3: Approval by Secretary of State of secure accommodation in a children’s home
- 4: Placement of a child aged under 13 in secure accommodation in a [children’s home]2
- 5: Children to whom section 25 of the Act shall not apply
- [5A
- 6: Detained and remanded children to whom section 25 of the Act shall have effect subject to modifications
- 7: Children to whom section 25 of the Act shall apply and have effect subject to modifications
- 8: Applications to court
- 9: Duty to give information of placement in [children’s homes]1
- 10: Maximum period in secure accommodation without court authority
- 11: Maximum initial period of authorisation by a court
- 12: Further periods of authorisation by a court
- 13: Maximum periods of authorisation by court for remanded children
- 14: Duty to inform parents and others in relation to children in secure accommodation in a [children’s home]1
- 15: Appointment of persons to review placement in secure accommodation in a [children’s home]2
- 16: Review of placement in secure accommodation in a [children’s home]2
- 17: Records to be kept in respect of a child in secure accommodation in a [children’s home]1
- 18: …1
- 19: Revocation of Secure Accommodation (No 2) Regulations 1983 and the Amendment Regulations
- Close sectionRefuges (Children’s Homes and Foster Placements) Regulations 1991
- Close sectionFamily Law Act 1986 (Dependent Territories) Order 1991
- Close sectionHuman Fertilisation and Embryology Authority (Licence Committees and Appeals) Regulations 1991
- Close sectionChildren and Young Persons (Designation of Isle of Man Orders) Order 1991
- Close sectionChildren (Prescribed Orders – Northern Ireland, Guernsey and Isle of Man) Regulations 1991
- 1: Citation, commencement, interpretation and extent
- 2: Transfer of care orders from England and Wales to Northern Ireland
- [2A: Transfer of care orders to England and Wales from Northern Ireland
- [3: Transfer of care orders to England and Wales from the Isle of Man
- 4: Transfer of care orders from England and Wales to the Isle of Man
- 5: Transfer of care orders from England and Wales to Guernsey
- [6: Transfer of recovery orders from England and Wales to Northern Ireland
- [6A: Transfer of recovery orders to England and Wales from Northern Ireland
- [7: Transfer of recovery orders to England and Wales from the Isle of Man
- 8: Amendments to Children and Young Persons Act 1969
- Close sectionChildren (Secure Accommodation) (No 2) Regulations 1991
- Close sectionChild Maintenance (Written Agreements) Order 1993
- Close sectionChildren (Admissibility of Hearsay Evidence) Order 1993
- Close sectionHigh Court (Distribution of Business) Order 1993
- Close sectionAccess to Health Records (Control of Access) Regulations 1993
- Close sectionFamily Proceedings Courts (Child Support Act 1991) Rules 1993
- Close sectionChildren (Reciprocal Enforcement of Prescribed Orders etc. (England and Wales and Northern Ireland)) (Scotland) Regulations 1996
- 1: Citation, commencement, interpretation and extent
- 2: Transfer of care etc. orders from England and Wales to Scotland
- 3: Transfer of care etc. orders from Northern Ireland to Scotland
- 4: Transfer of supervision requirements etc from Scotland to England and Wales
- 5: Transfer of supervision requirements etc from Scotland to Northern Ireland
- Close sectionSchedule 1: Orders Made by Court in England and Wales Corresponding to Supervision Requirement
- Close sectionSchedule 3: Orders Made by Court in Northern Ireland Corresponding to Supervision Requirement
- Schedule 4
- Schedule 5
- Close sectionCivil Procedure Rules 1998
- Close sectionPart 50:: Application of the Schedules
- Close section[Part 52: Appeals
- Section I: : Scope and interpretation
- Section II: : Permission to appeal – General
- Section III: : Permission to appeal – judicial review appeals, planning statutory review appeals and appeals from the Employment Appeal Tribunal
- Section IV: : Additional rules
- Section V: : Special provisions relating to the Court of Appeal
- Section VI: : Special provisions relating to statutory appeals
- Section VII: : Reopening final appeals
- Close section[Part 54: [Judicial Review and Statutory Review]1
- 54.1: Scope and interpretation
- [54.1A: Who may exercise the powers of the High Court
- 54.2: When this [Section]1 must be used
- 54.3: When this [Section]1 may be used
- 54.4: Permission required
- 54.5: Time limit for filing claim form
- 54.6: Claim form
- 54.7: Service of claim form
- [54.7A: Judicial review of decisions of the Upper Tribunal
- 54.8: Acknowledgment of service
- 54.9: Failure to file acknowledgment of service
- 54.10: Permission given
- 54.11: Service of order giving or refusing permission
- [54.11A Permission decision where court requires a hearing
- 54.12: Permission decision without a hearing
- 54.13: Defendant etc may not apply to set aside
- 54.14: Response
- 54.15: Where claimant seeks to rely on additional grounds
- 54.16: Evidence
- 54.17: Court’s powers to hear any person
- 54.18: Judicial review may be decided without a hearing
- 54.19: Court’s powers in respect of quashing orders
- 54.20: Transfer
- Schedule 1: RSC Rules
- Schedule 2: CCR Rules
- Close sectionData Protection (Subject Access Modification) (Social Work) Order 2000
- Close sectionData Protection (Miscellaneous Subject Access Exemptions) Order 2000
- Close sectionProtection of Children (Access to Lists) (Prescribed Individuals) Regulations 2000
- Close sectionChildren and Family Court Advisory and Support Service (Conduct of Litigation and Exercise of Rights of Audience) Regulations 2001
- Close sectionDisqualification from Caring for Children (England) Regulations 2002
- Close sectionIntercountry Adoption (Hague Convention) Regulations 2003
- Close sectionPart 1:: General
- Close sectionPart 2:: Requirements, Procedure, Recognition and Effect of Adoption in England and Wales Where the United Kingdom is the Receiving State
- 3: Application for determination of eligibility, and assessment of suitability, to adopt
- 4: Eligibility requirements
- 5: Requirement to provide counselling and information
- 6: Requirement to carry out police checks
- 7: Requirement to notify
- 8: Procedure in respect of carrying out an assessment
- 9: Function of adoption panel
- 10: Adoption agency decision and notification
- 11: Procedure following approval by adoption agency
- 12: Procedure following receipt of the Article 16 Information from the CA of the State of origin
- 13: Duty of adoption agency before the arrival of the child in England or Wales
- 14: Requirements following arrival of the child in the United Kingdom but no Convention adoption is made in the State of origin
- 15: Duty of prospective adopter to notify local authority
- 16: Duty of prospective adopter where the child is placed with them
- 17: Prospective adopter unable to proceed with application to adopt
- 18: Removal of the child by the relevant authority
- 19: Breakdown of placement
- 20: Convention adoptions subject to a probationary period
- 21: Prescribed requirements for the purposes of making a Convention adoption order
- 22: Procedural requirements following a Convention adoption order or Convention adoption
- 23: Refusal of a court in England or Wales to make a Convention adoption order
- 24: Annulment of a Convention adoption order or a Convention adoption
- Close sectionPart 3:: Requirements and Procedure in England and Wales Where the United Kingdom is the State of Origin
- 25: Duty of adoption agency in respect of assessment of a child
- 26: Function of adoption panel
- 27: Decision and notification
- 28: Receipt of the Article 15 Report from the CA of the receiving State
- 29: Duty of adoption panel in respect of proposed placement
- 30: LA decision in respect of placement
- 31: Preparation of the Article 16 information for the CA of the receiving State
- 32: Prescribed requirements for the purposes of making a Convention adoption order
- 33: Procedural requirements following a Convention adoption order or Convention adoption
- Close sectionPart 4:: Miscellaneous
- Schedule 1: Certificate of eligibility and approval
- Close sectionSchedule 2: Certificate that the Convention adoption order has been made in accordance with the Convention
- Schedule 3: Application, with modifications, of the provisions of the 1976 Act
- Schedule 4: Application, with modifications, of the provisions of the Adoption Agencies Regulations
- Close sectionVoluntary Adoption Agencies and Adoption Agencies (Miscellaneous Amendments) Regulations 2003
- Close sectionPart I:: General
- Close sectionPart II:: Registered Providers, Responsible Individuals and Managers
- Close sectionPart III:: Conduct of Agencies
- Close sectionPart IV:: Miscellaneous – Agencies
- Close section[Part 4A: Provision of Adoption Support Services]1
- [24A: Application of this Part
- [24B: Statement of purpose
- [24C: Children’s guide
- [24D: Registered provider etc. – general requirements
- [24E: Arrangements for the protection of children
- [24F: Provision of services
- [24G: Records with respect to services
- [24H: Complaints
- [24I: Staffing
- [24J: Staff disciplinary procedure
- [24K: Notifiable events
- Close sectionSchedule 1: Information to be Included in The Statement of Purpose
- Close sectionSchedule 2: Information Required in Respect of The Responsible Individual or Persons Seeking to Manage or Work for The Purposes of an Agency
- Close sectionSchedule 3: Records to be Kept in Relation to Each Person Working for the Purposes of the Agency
- Schedule 4: Events and Notifications
- Close sectionLocal Authority Adoption Service (England) Regulations 2003
- Close sectionPart I:: General
- Close sectionPart II:: Managers
- Close sectionPart III:: Conduct of Local Authority Adoption Service
- 9: Arrangements for the protection of children
- [9A: Provision of services
- [9B: Records with respect to services
- 10: Staffing of agency
- 11: Fitness of workers
- 12: Employment of staff
- 13: Staff disciplinary procedure
- 14: Arrangements for absence of manager
- 15: Records with respect to staff
- 16: Fitness of premises
- 17: Complaints
- Close sectionSchedule 1: Information to be Included in the Statement of Purpose
- Close sectionSchedule 2: Information to be Included in the Children’s Guide
- Close sectionSchedule 3: Information Required in Respect of Persons Seeking to Manage or Work for the Purposes of the Adoption Service
- Schedule 4: Records to be Kept in Relation to Each Person Working for the Purposes of the Adoption Service
- Close sectionAdoption (Bringing Children into the United Kingdom) Regulations 2003
- 1: Citation, commencement and application
- 2: Interpretation
- 3: Requirements applicable in respect of bringing or causing a child to be brought into the United Kingdom
- 4: Duties of an adoption agency
- 5: Conditions applicable in respect of a child brought into the United Kingdom
- 6: Application of section 13 of the 1976 Act
- 7: Revocation
- Close sectionIndependent Review of Determinations (Adoption) Regulations 2004
- Close sectionHuman Fertilisation and Embryology Authority (Disclosure of Donor Information) Regulations 2004
- Close sectionEuropean Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005
- [1 Citation, commencement and extent
- [2
- [3 Amendments to the Domicile and Matrimonial Proceedings Act 1973
- 4
- [5 Amendments to the Supreme Court Act 1981
- [6 Amendments to the Child Abduction and Custody Act 1985
- [7
- [8 Amendments to the Family Law Act 1986
- [9
- [10
- [11
- [12
- [13
- [14
- [15
- [16
- [17
- [18
- [19 Amendments to the Matrimonial Causes (Northern Ireland) Order 1978
- [20 Transitional
- [21 Application
- [22 Revocations
- [23
- Close sectionAdoption Agencies Regulations 2005
- Close sectionPart I:: General
- Close sectionPart 2:: Adoption Agency – Arrangements for Adoption Work
- Close sectionPart 3:: Duties of Adoption Agency Where the Agency is Considering Adoption for a Child
- 11: Application of regulations [12]1 to 17
- 12: Requirement to open the child’s case record
- [12A: Requirement to identify potential prospective adopters
- [12B: Duties of adoption agency when a child is to be placed following consideration in accordance with section 22C(9B)(c) of the Children Act 1989
- 13: Requirement to provide counselling and information for, and ascertain wishes and feelings of, the child
- 14: Requirement to provide counselling and information for, and ascertain wishes and feelings of, the parent or guardian of the child and others
- 15: Requirement to obtain information about the child
- 16: Requirement to obtain information about the child’s family
- 17: Requirement to prepare child’s permanence report …2
- 18: Function of the adoption panel in relation to a child referred by the adoption agency
- 19: Adoption agency decision and notification
- [19A: …2
- 20: Request to appoint an officer of the Service or a Welsh family proceedings officer
- [20A
- Close section[Part 4: Duties of Adoption Agency in Respect of a Prospective Adopter
- Close sectionPart 5:: Duties of Adoption Agency in Respect of Proposed Placement of Child with Prospective Adopter
- Close sectionPart 6:: Placement and Reviews
- Close sectionPart 7:: Case Records
- Close sectionPart 8:: Miscellaneous
- Close sectionSchedule 1: Information
- [Schedule 1A: …2
- Close sectionSchedule 2: Information and Documents to be Provided to the Cafcass or the National Assembly for Wales
- Close sectionSchedule 3
- Close section[Schedule 4
- Close section[Schedule 4A: Modifications to Part 4
- [Schedule 4B: …2
- Close sectionSchedule 5: Adoption Placement Plan
- Close sectionAdoptions with a Foreign Element Regulations 2005
- Close sectionPart I:: General
- Close sectionPart 2:: Bringing Children into and out of the United Kingdom
- Close sectionPart 3:: Adoptions Under the Convention
- Schedule 1: Certificate of Eligibility and Approval
- Close sectionSchedule 2: Certificate That the Convention Adoption Order has Been Made in Accordance With the Convention
- Close sectionAdoption Support Services Regulations 2005
- Close sectionPart I:: Introductory
- Close section[Part 1A: Provision of Information
- Close sectionPart 2:: Provision of Adoption Support Services
- Close sectionPart 3:: Provision of Financial Support
- Close sectionPart 4:: Assessments and Plans
- Close sectionPart 5:: Reviews
- Close sectionPart 6:: Miscellaneous
- Close sectionDisclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005
- Close sectionPart I:: General
- Close sectionPart 2:: Keeping of Information About Adoptions
- Close sectionPart 3:: Disclosure of Information–General
- Close sectionPart 4:: Applications for Disclosure of Protected Information
- Close sectionPart 5:: Counselling
- Close sectionPart 6:: The Registrar General
- Close sectionPart 7:: Miscellaneous
- Close sectionAdoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005
- Close sectionAdopted Children and Adoption Contact Registers Regulations 2005
- Close sectionPart I:: General
- Close sectionPart 2:: Adopted Children Register
- Close sectionPart 3:: Adoption Contact Register
- Close sectionPart 4:: Information from the Registers
- 10: Particulars required to obtain a certified copy of an entry in the Adopted Children Register relating to a person under the age of 18
- 11: Application by appropriate adoption agency for information
- 12: Pre-commencement adoptions: application by adopted person aged 18 or over
- 13: Application by adopted person under the age of 18 who intends to marry or form a civil partnership
- Close sectionPart 5:: Revocations, Transitional Provisions and Savings
- Schedule 1: Form of Entry in the Adopted Children Register (England)
- Schedule 2: Form of Entry in the Adopted Children Register (Wales)
- Schedule 3: Prescribed Notice for Entry in Part 1 of the Adoption Contact Register
- Schedule 4: Prescribed Notice for Entry in Part 2 of the Adoption Contact Register
- Close sectionSpecial Guardianship Regulations 2005
- Close sectionChildren (Private Arrangements for Fostering) Regulations 2005
- 1: Citation, commencement and application
- 2: Interpretation
- 3: Notification of proposal to foster a child privately
- 4: Action to be taken by local authority on receipt of notification of proposal to foster a child privately
- 5: Notification by person already fostering a child privately
- 6: Notification of a child going to live with private foster carer
- 7: Action to be taken by local authority on receipt of notification about a child being fostered privately
- 8: Subsequent visits to children who are being fostered privately
- 9: Notification of change of circumstances
- 10: Notification of the end of a private fostering arrangement
- 11: Form of notification
- 12: Monitoring the discharge of functions under Part 9 of the Act
- 13: Revocation and transitional provision
- Close sectionSchedule: 1 Information to be Provided in Notification
- Close sectionSchedule: 2 Welfare of Children who are to be Fostered Privately
- Close sectionSchedule: 3 Welfare of Children who are Fostered Privately
- Close sectionRestriction on the Preparation of Adoption Reports Regulations 2005
- Close sectionSuitability of Adopters Regulations 2005
- Close sectionAdoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005
- Close sectionPart 1:: General
- Close sectionPart 2:: Registered Providers, Responsible Individuals and Managers
- Close sectionPart 3:: Conduct of Agencies
- 12: Arrangements for the protection of children
- 13: Provision of services
- 14: Records with respect to services
- 15: Adoption case records (adoption support agencies that were formerly adoption agencies)
- 16: Complaints
- 17: Complaints – further requirements
- 18: Staffing of agency
- 19: Fitness of workers
- 20: Employment of staff
- 21: Staff disciplinary procedure
- 22: Records with respect to staff
- 23: Fitness of premises
- Close sectionPart 4:: Miscellaneous
- Close sectionPart 5:: Fees, Frequency of Inspections and Registration
- 31: Amendment of the National Care Standards Commission (Registration) Regulations 2001
- 32: Amendment of the National Care Standards Commission (Fees and Frequency of Inspections) (Adoption Agencies) Regulations 2003
- 33: Amendment of the Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2004
- Close sectionPart 6:: Miscellaneous Amendments
- Schedule 1: Information to be Included in the Statement of Purpose
- Schedule 2: Information Required in Respect of the Responsible Individual or Persons Seeking to Manage or Work for the Purposes of an Agency
- Schedule 3: Records to be Kept in Relation to Each Person Working for the Purposes of the Agency
- Schedule 4: Events and Notifications
- Close sectionAdoption and Children Act 2002 (Commencement No 10 Transitional and Savings Provisions) Order 2005
- Close sectionPart 1:: Introductory
- Close sectionPart 2:: Commencement
- Close sectionPart 3:: Transitional Arrangements
- 3: Cases in progress under the Agencies Regulations 1983 on the appointed day
- 4: Case of child free for adoption
- 5: Child ceasing to be a protected child
- 6: Hague Convention cases in progress on the appointed day
- 7: Non-Convention adoptions – conditions to be met by prospective adopters under section 83(5) of the 2002 Act
- 8: Non-Convention and Hague Convention cases – functions imposed on the local authority following receipt of notice of intention to adopt
- 9: Restrictions on removal of children – pending applications for adoption and freeing orders
- 10: Pending applications for freeing orders
- 11: Pending applications for adoption orders in non-agency cases
- 12: Pending applications under section 53 or 55 of the 1976 Act
- Close sectionPart 4:: Savings Provisions
- Close sectionLocal Authority (Adoption) (Miscellaneous Provisions) Regulations 2005
- Close sectionChildren Act 1989 Representations Procedure (England) Regulations 2006
- Close sectionPart 1:: Introductory
- Close sectionPart 2:: Representations – specified functions
- Close sectionPart 3:: Representations – general
- 6: Form of representations
- 7: Withdrawal of representations
- 8: Representations not to be considered
- 9: Time limit on making representations
- 10: Local authority action – general
- 11: Local authority action – on receipt of representations
- 12: Local authority action – where representations made under section 26(3)(e), (3B)(b) or (3C)(c) of the Act
- 13: Monitoring of operation of procedure under section 26
- Close sectionPart 4:: Representations – consideration
- Close sectionPart 5:: Representations to voluntary organisations and about fostering limits
- Close sectionPart 6:: Revocation, transitional provision and amendments
- Court of Protection Rules 2007
- Close sectionFamily Proceedings Fees Order 2008
- Close sectionMental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008
- Close sectionPart 1:: Preliminary
- Close sectionPart 2:: Eligibility to carry out assessments
- 3: Eligibility – general
- 4: Eligibility to carry out a mental health assessment
- 5: Eligibility to carry out a best interests assessment
- 6: Eligibility to carry out a mental capacity assessment
- 7: Eligibility to carry out an eligibility assessment
- 8: Eligibility to carry out an age assessment
- 9: Eligibility to carry out a no refusals assessment
- Close sectionPart 3:: Selection of Assessors
- Close sectionPart 4:: Assessments
- Close sectionPart 5:: Requests for a standard authorisation
- Close sectionPart 6:: [Supervisory Bodies: Care Homes and Hospitals]1
- Allocation and Transfer of Proceedings Order 2008
- Close sectionIndependent Review of Determinations (Adoption and Fostering) Regulations 2009
- Close sectionPart: 1: General
- Close sectionPart: 2: Panels
- 5: Constitution of panels
- 6
- 7
- 8
- 9: Appointment of panel chair
- 10: Disqualification of panel members
- 11: Functions of a panel constituted to review an adoption suitability determination
- 12: Functions of a panel constituted to review a disclosure determination
- 13: Functions of a panel constituted to review a fostering determination
- 14: Fees of panel members
- 15: Meetings of panels
- 16: Records
- Close sectionPart: 3: Procedure
- Close sectionPart: 4: Revocation And Transitional Arrangements
- Close sectionCare Planning, Placement and Case Review (England) Regulations 2010
- Close sectionPart 1:: General
- Close sectionPart 2:: Arrangements for looking after a child
- Close sectionPart 3:: Placements – general provisions
- Close sectionPart 4:: Provision for different types of placement
- Close sectionPart 5:: Visits by the responsible authority’s representative etc
- Close sectionPart 6:: Reviews of the child’s case
- Close sectionPart 7:: Arrangements made by the responsible authority for ceasing to look after a child
- Close sectionPart 8:: Independent reviewing officers and independent visitors
- Close section[Part 8A: Application of these Regulations with modifications to children on remand
- Close sectionPart 9:: Miscellaneous
- Close sectionSchedule 1: Care plans
- Close sectionSchedule 2: Matters to be dealt with in the placement plan
- Close sectionSchedule 2A: Matters to be dealt with in the detention placement plan
- Close sectionSchedule 3: Matters to be taken into account when assessing the suitability of P to care for C
- Close sectionSchedule 4: Matters to be taken into account when assessing the suitability of a connected person to care for C
- Close sectionSchedule 5: Agreement with an independent fostering agency relating to the discharge of the responsible authority’s functions
- Close sectionSchedule 6: [Matters to be considered before placing C in accommodation in accordance with other arrangements under section 22C(6)(d)]1
- Close sectionSchedule 7: Considerations to which the responsible authority must have regard when reviewing C’s case
- Close sectionSchedule 8: Matters to be dealt with in the pathway plan
- Schedule 9: Revocations
- Human Fertilisation and Embryology (Parental Orders) Regulations 2010
- Close sectionParental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010
- 1: Citation, commencement and extent
- 2: Interpretation
- 3: Power of court to remove stay under Article 8
- 4: Local authorities and Northern Ireland authorities: application to court to make request under Article 9
- 5: Local authorities: application for interim care order or supervision order
- 6: Northern Ireland authorities: application for interim care order or supervision order
- 7: Application of Article 15
- 8: Judicial authorities
- 9: Central authorities
- 10: Requests for information by Central Authority where request received under Article 31(c)
- 11: Requests for information under Council Regulation
- 12: Power to request report on child’s situation
- 13: Local authorities and Northern Ireland authorities: requirement to provide a report
- 14: Power to respond to a request under Article 34
- 15: Northern Ireland: power of court to authorise disclosure
- 16: Services under Article 35
- 17: Amendments to other enactments
- Close sectionCare Leavers (England) Regulations 2010
- Close sectionPart 1:: General
- Close sectionPart 2:: Assessments of need and pathway plans
- Close sectionPart 3:: Personal advisers
- Close sectionPart 4:: Miscellaneous
- Close sectionSchedule 1: Matters to be dealt with in the pathway plan and review
- Close sectionSchedule 2: Matters to be considered in determining the suitability of accommodation
- Close sectionVisits to Former Looked After Children in Detention (England) Regulations 2010
- Close sectionFamily Procedure Rules 2010
- Close sectionPart 1:: Overriding Objective
- Close sectionPart 2:: Application and Interpretation of the Rules
- [2.1: Application of these Rules
- 2.2: The glossary
- 2.3: Interpretation
- 2.4: Modification of rules in application to serial numbers etc.
- 2.5: Power to perform functions conferred on the court by these rules and practice directions
- 2.6: Powers of the single justice to perform functions under the 1989 Act, the 1996 Act, the 2002 Act and the Childcare Act 2006
- [2.7: Single lay justice: power to refer to the family court
- 2.8: Court’s discretion as to where it deals with cases
- 2.9: Computation of time
- 2.10: Dates for compliance to be calendar dates and to include time of day
- Close sectionPractice Direction – Practice Directions relating to Family Proceedings in force before 6th April 2011 which support the Family Procedure Rules 2010
- Practice Direction 2A – Functions of the Court in the Family Procedure Rules 2010 and Practice Directions which may be Performed by a Single [Lay Justice]2
- Close section[Practice Direction 2B – References in the Rules to Actions Done by the Court or by a Court Officer
- Close section[Part 3: Non-court Dispute Resolution
- Close section[Practice Direction 3A – Family Mediation Information and Assessment Meetings (MIAMS)
- Summary
- Background: Consideration of mediation and other non-court dispute resolution
- The applications to which the MIAM requirement applies
- Private law proceedings relating to children
- Proceedings for a financial remedy
- Making an application
- MIAM exemptions
- MIAM exemption – Domestic violence
- MIAM exemption – Bankruptcy
- Finding an authorised family mediator
- Funding attendance at a MIAM
- Attending a MIAM
- MIAM exemption: Inquiries by the court
- Definitions
- Close sectionPart 3A:: Vulnerable Persons: Participation in Proceedings and Giving Evidence
- 3A.1: Interpretation
- 3A.2: Application of provisions in this Part
- 3A.3: Court’s duty to consider vulnerability of a party or witness
- 3A.4: Court’s duty to consider how a party can participate in the proceedings
- 3A.5: Court’s duty to consider how a party or a witness can give evidence
- 3A.6: Protected parties
- 3A.7: What the court must have regard to
- 3A.8: Measures
- 3A.9: When the duties of the court apply and recording reasons for decisions made under this Part
- 3A.10: Application for directions under this Part
- 3A.11: Procedure where the court makes directions of its own initiative
- 3A.12: Functions of officers of the Service and Welsh family proceedings officers
- Close sectionPractice Direction 3AA – Vulnerable Persons: Participation in Proceedings and Giving Evidence
- Preamble and interpretation
- Factors to which the court has to have regard when considering the vulnerability of a party or witness mentioned: rule 3A.3(1) FPR
- Guidance about vulnerability: rule 3A.3(2) FPR
- Participation directions: participation other than by way of giving evidence
- Participation directions: the giving of evidence by a vulnerable party, vulnerable witness or protected party
- Ground rules hearings
- Matters to be included in an application form for directions: rule 3A.10(2) FPR
- Close sectionPart 4:: General Case Management Powers
- 4.1: The court’s general powers of management
- 4.2: Court officer’s power to refer to the court
- 4.3: Court’s power to make order of its own initiative
- 4.4: Power to strike out a statement of case
- 4.5: Sanctions have effect unless defaulting party obtains relief
- 4.6: Relief from sanctions
- 4.7: General power of the court to rectify matters where there has been an error of procedure
- 4.8: Power of the court to make civil restraint orders
- Close sectionPractice Direction 4A – Striking Out a Statement of Case
- Close sectionPractice Direction 4B – Civil Restraint Orders
- Close sectionPart 5:: [Forms, Start of Proceedings and Communication with the Court]1
- [5.A.1 Application
- 5.1: Forms
- 5.2: Documents to be attached to a form
- 5.3: Proceedings are started by issue of application form
- [5.4: Where to start proceedings
- [5.5: Filing documents with and sending documents to the court by e-mail
- [5.6 Documents in the Welsh language
- [5.7 Communications with the court
- Close sectionPractice Direction 5A: – Forms
- Close section[Practice Direction 5B – Communication and Filing of Documents by E-Mail
- Close sectionPart 6:: Service
- Close sectionPractice Direction 6A – Service within the Jurisdiction
- Close sectionPractice Direction 6B – Service out of the Jurisdiction
- Contents of this Practice Direction
- Scope of this Practice Direction
- Service in other Member States of the European Union
- Documents to be filed under rule 6.46(2)
- Service in a Commonwealth State or British Overseas Territory
- Period for responding to an application form
- Service of application notices and orders
- Period for responding to an application notice
- Further information
- Close sectionPractice Direction 6C – Disclosure of Addresses by Government Departments 13 February 1989 [as amended by Practice Direction 20 July 1995]
- Close sectionPart 7:: Procedure for Applications in Matrimonial and Civil Partnership Proceedings
- Close sectionPart 8:: Procedure for Miscellaneous Applications
- Close sectionPart 9:: Applications for a Financial Remedy
- Close sectionPart 10:: Applications under Part 4 of the Family Law Act 1996
- 10.1: Scope and interpretation of this Part
- 10.2: Applications for an occupation order or a non-molestation order
- 10.3: Service of the application
- 10.4
- 10.5: Privacy
- 10.6: Service of an order
- 10.7: Representations made by a mortgagee or landlord
- 10.8: Applications to vary, extend or discharge an order
- 10.9: Orders containing provisions to which a power of arrest is attached
- 10.10: Service of an order on the officer for the time being in charge of a police station
- 10.11: Proceedings following arrest …1
- [10.12: Enforcement of an order: requirement for a penal notice
- [10.13: Enforcement of an undertaking
- 10.14: Power to adjourn the hearing for consideration of the penalty
- 10.15: Hospital orders or guardianship orders under the Mental Health Act 1983
- 10.16: Transfer directions under section 48 of the Mental Health Act 1983
- 10.17: Recognizances
- Close sectionPractice Direction 10A – Part 4 of the Family Law Act 1996
- Close sectionPart 11:: Applications under Part 4A of the Family Law Act 1996 [or Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003]1
- 11.1: Scope and interpretation
- 11.2: Applications
- [11.2A: Directions about service
- 11.3: Permission to apply
- 11.4: Service of applications on notice
- 11.6: Parties
- 11.7: Hearings and service of orders
- 11.8: Orders made by the court of its own initiative
- 11.9: Representations in respect of orders
- 11.10: Applications to vary, extend or discharge an order
- 11.11: …1
- [11.12: Service of an order on the officer for the time being in charge of a police station
- 11.13: Application for issue of warrant for arrest
- 11.14: Proceedings following arrest
- [11.15: Enforcement of orders and undertakings
- 11.16: Power to adjourn the hearing for consideration of the penalty
- 11.17: Hospital orders or guardianship orders under the Mental Health Act 1983
- 11.18: Transfer directions under section 48 of the Mental Health Act 1983
- 11.19: Recognizances
- Close sectionPart 12:: [Children Proceedings]1 Except Parental Order Proceedings and Proceedings for Applications in Adoption, Placement and Related Proceedings
- Chapter 1:: Interpretation and Application of this Part
- Chapter 2: General Rules
- Chapter 3: Special Provisions about Public Law Proceedings
- Chapter 4: Special Provisions about Private Law Proceedings
- Chapter 5: Special Provisions about Inherent Jurisdiction Proceedings
- Chapter 6: Proceedings under the 1980 Hague Convention, the European Convention, the Council Regulation, and the 1996 Hague Convention
- Section 1 Proceedings under the 1980 Hague Convention or the European Convention
- Section 2 Applications relating to the Council Regulation and the 1996 Hague Convention
- Chapter 7: Communication of Information: [Children Proceedings]1
- Close section[Practice Direction 12A – Care, Supervision and Other Part 4 Proceedings: Guide to Case Management
- Close section[Practice Direction 12B – Child Arrangements Programme
- 1: When does the Child Arrangements Programme Apply?
- 2: Signposting Services, Parenting Plans, & Public Funding
- 3: Explanation of terms
- 4: The child in the dispute
- 5: Non-court resolution of disputed arrangements for children
- 6: Resolution of disputed arrangements for children through the Court
- 7: Local Good Practice
- 8: Application to court
- 9: Allocation and Gatekeeping
- 10: Judicial continuity
- 11: Key welfare principles
- 12: Urgent and Without Notice Applications
- 13: Safeguarding
- 14: First Hearing Dispute Resolution Appointment (FHDRA)
- 15: Timetable for the child
- 16: Capacity of Litigants
- 17: Evidence
- 18: Rule 16.4 children’s guardians
- 19: Dispute Resolution Appointment (DRA)
- 20: Fact-finding hearing
- 21: Enforcement of Child Arrangements
- 22: Court timetable
- 23: Relevant Family Application (definition)
- Close sectionPractice Direction 12C – Service of Application in Certain Proceedings Relating to Children
- Close sectionPractice Direction 12D – Inherent Jurisdiction (including Wardship) Proceedings
- Close sectionPractice Direction 12E – Urgent Business
- Close sectionPractice Direction 12F – International Child Abduction
- Close sectionPractice Direction 12G – Communication of Information
- Practice Direction 12H – Contribution Orders
- Close sectionPractice Direction 12I – Applications for Reporting Restriction Orders
- Close section[Practice Direction 12J – Child Arrangements and Contact Orders: Domestic Abuse and Harm
- Summary
- General principles
- Before the FHDRA
- First hearing / FHDRA
- Admissions
- Directions for a fact-finding hearing
- Reports under Section 7
- Representation of the child
- Interim orders before determination of relevant facts
- In all cases where domestic abuse has occurred
- Factors to be taken into account when determining whether to make child arrangements orders in all cases where domestic abuse has occurred
- Directions as to how contact is to proceed
- The reasons of the court
- Practice Direction 12K – Children Act 1989: Exclusion Requirement
- Practice Direction 12L – Children Act 1989: Risk Assessments under Section 16A
- Practice Direction 12M – Family Assistance Orders: Consultation
- Practice Direction 12N – Enforcement of Children Act 1989 [Child Arrangements Orders]: Disclosure of Information to Officers of the National Probation Service (High Court and County Court)
- Practice Direction 12O – Arrival of Child in England by Air
- Close sectionPractice Direction 12P – Removal from Jurisdiction: Issue of Passports
- Close sectionPart 13:: Proceedings under section 54 [or section 54A]2 of the Human Fertilisation and Embryology Act 2008
- 13.1: Interpretation and application
- 13.2: Application of Part 12
- 13.3: Who the parties are
- 13.4: Notice of proceedings to person with foreign parental responsibility
- 13.5: What the court or a court officer will do when the application has been issued
- 13.6: Service of the application and other documents
- 13.7: Acknowledgement
- 13.8: Date for first directions hearing
- 13.9: The first directions hearing
- 13.10: Where the agreement of the other parent or the woman who carried the child is not required
- 13.11: Agreement
- 13.12: Reports of the parental order reporter and disclosure to the parties
- 13.13: Notice of final hearing
- 13.14: The final hearing
- 13.15: Proof of identity of the child
- 13.16: Disclosing information to an adult who was subject to a parental order
- 13.17: Application for recovery orders
- 13.18: Keeping of registers, custody, inspection and disclosure of documents and information
- 13.19: Documents held by the court not to be inspected or copied without the court’s permission
- 13.20: Orders
- 13.21: Copies of orders
- 13.22: Amendment and revocation of orders
- Close sectionPart 14:: Procedure for Applications in Adoption, Placement and Related Proceedings
- 14.1: Application of this Part and interpretation
- [14.2: [Assignment of]2 a serial number
- 14.3: Who the parties are
- 14.4: Notice of proceedings to person with foreign parental responsibility
- 14.5: Who is to serve
- 14.6: What the court or a court officer will do when the application has been issued
- 14.7: Date for first directions hearing
- 14.8: The first directions hearing
- 14.9: Requesting the court to dispense with the consent of any parent or guardian
- 14.10: Consent
- 14.11: Reports by the adoption agency or local authority
- 14.12: Health reports
- 14.13: Confidential reports to the court and disclosure to the parties
- 14.14: Communication of information relating to proceedings
- 14.15: Notice of final hearing
- 14.16: The final hearing
- 14.17: Proof of identity of the child
- 14.18: Disclosing information to an adopted adult
- 14.19: Translation of documents
- 14.20: Application for recovery orders
- 14.21: [Notice to]1 fathers without parental responsibility
- 14.22: Timing of applications for section 89 order
- 14.23: Custody of documents
- 14.24: Documents held by the court not to be inspected or copied without the court’s permission
- 14.25: Orders
- 14.26: Copies of orders
- 14.27: Amendment and revocation of orders
- Close sectionPractice Direction 14A – Who Receives a Copy of the Application Form for Orders in Proceedings
- Close sectionPractice Direction 14B – The First Directions Hearing – Adoptions with a Foreign Element
- Close sectionPractice Direction 14C – Reports by the Adoption Agency or Local Authority
- Close sectionPractice Direction 14D – Reports by a Registered Medical Practitioner (‘Health Reports’)
- Close sectionPractice Direction 14E – Communication of Information Relating to Proceedings
- Close sectionPractice Direction 14F – Disclosing Information to an Adopted Adult
- Close sectionPart 15:: Representation of Protected Parties
- 15.1: Application of this Part
- 15.2: Requirement for litigation friend in proceedings
- 15.3: Stage of proceedings at which a litigation friend becomes necessary
- 15.4: Who may be a litigation friend for a protected party without a court order
- 15.5: How a person becomes a litigation friend without a court order
- 15.6: How a person becomes a litigation friend by court order
- 15.7: Court’s power to change litigation friend and to prevent person acting as litigation friend
- 15.8: Appointment of litigation friend by court order – supplementary
- 15.9: Procedure where appointment of litigation friend comes to an end
- Close sectionPractice Direction 15A – Protected Parties
- General
- Duties of the Litigation Friend
- Becoming a Litigation Friend without a court order
- Application for a court order appointing a litigation friend
- Change of litigation friend and prevention of person acting as litigation friend.
- Procedure where the need for a litigation friend has come to an end
- Close section[Practice Direction 15B – Adults who may be Protected Parties and Children who may become Protected Parties in Family Proceedings
- What the court will do where an adult may be a protected party
- Instruction of an expert where an adult is a protected party
- Factors to be considered when the court is deciding whether to give permission as mentioned in FPR 25.4(1) or (2)
- Fluctuation in a party’s capacity to conduct litigation
- Single joint experts
- Child aged 16–17 who is the subject of the proceedings likely to lack relevant decision making capacity at age 18
- Child who is not the subject of proceedings likely to lack capacity to conduct the proceedings when he or she reaches 18
- Definition of ‘expert’ and ‘children proceedings’
- Close sectionPart 16:: Representation of Children and Reports in Proceedings Involving Children
- Chapter 1:: Application of this Part
- Chapter 2:: Child as Party in Family Proceedings
- Chapter 3:: When a Children’s Guardian or Litigation Friend will be Appointed
- Chapter 4:: Where a Children’s Guardian or Litigation Friend is not Required
- Chapter 5: Litigation Friend
- Chapter 6: Children’s Guardian Appointed under Rule 16.3
- Chapter 7: Children’s Guardian Appointed under Rule 16.4
- Chapter 8: Duties of Solicitor Acting for the Child
- Chapter 9: Reporting Officer
- Chapter 10: Children and Family Reporter and Welfare Officer
- Chapter 11: Parental Order Reporter
- Chapter 12: Supplementary Appointment Provisions
- Chapter 13: Officers of the Service, Welsh Family Proceedings Officers and Local Authority Officers: Further Duties
- Chapter 14: Enforcement Orders and Financial Compensation Orders: Persons Notified
- Close sectionPractice Direction 16A – Representation of Children
- Part 1:: General
- Part 2:: Litigation Friend
- Part 3:: Children’s Guardian Appointed under Rule 16.3
- Part 4:: Appointment of Children’s Guardian under Rule 16.4
- Part 5:: Reporting Officer
- Part 6:: Children and Family Reporter and Welfare Officer
- Part 7:: Parental Order Reporter
- Part 8:: Officers of the Service, Welsh Family Proceedings Officers and Local Authority Officers: Further Duties
- Close sectionPart 17:: Statements of Truth
- Close sectionPractice Direction 17A – Statements of Truth
- Close sectionPart 18:: Procedure for Other Applications in Proceedings
- 18.1: Types of application for which Part 18 procedure may be followed
- 18.2: Applications for permission to start proceedings
- 18.3: Respondents to applications under this Part
- 18.4: Application notice to be filed
- 18.5: Notice of an application
- 18.6: Time when an application is made
- 18.7: What an application notice must include
- 18.8: Service of a copy of an application notice
- 18.9: Applications which may be dealt with without a hearing
- 18.10: Service of application notice following court order where application made without notice
- 18.11: Application to set aside or vary order made without notice
- 18.12: Power of the court to proceed in the absence of a party
- 18.13: Dismissal of totally without merit applications
- Close sectionPractice Direction 18A – Other Applications in Proceedings
- Application of Part 18
- Additional requirements in relation to application notices
- Other provisions in relation to application notices
- Applications without service of application notice
- Giving notice of an application
- Pre-action applications
- Telephone hearings
- Video conferencing
- Note of proceedings
- Evidence
- Consent orders
- Other applications considered without a hearing
- Miscellaneous
- Costs
- Close sectionPart 19:: Alternative Procedure for Applications
- 19.1: Types of application for which Part 19 procedure may be followed
- 19.2: Applications for which the Part 19 procedure must be followed
- 19.3: Contents of the application
- 19.4: Issue of application without naming respondents
- 19.5: Acknowledgment of service
- 19.6: Consequence of not filing an acknowledgment of service
- 19.7: Filing and serving written evidence
- 19.8: Evidence – general
- 19.9: Procedure where respondent objects to use of the Part 19 procedure
- Close sectionPractice Direction 19A – Alternative Procedure for Applications
- Close sectionPart 20:: Interim Remedies and Security for Costs
- Close sectionPart 21:: Miscellaneous Rules about Disclosure and Inspection of Documents
- Close sectionPractice Direction 21A – Disclosure and Inspection
- Close sectionPart 22:: Evidence
- Close sectionPractice Direction 22A – Written Evidence
- Close sectionPart 23: Miscellaneous Rules about Evidence
- 23.1: Scope and interpretation of this Part
- 23.2: Notice of intention to rely on hearsay evidence
- 23.3: Circumstances in which notice of intention to rely on hearsay evidence is not required
- 23.4: Power to call witness for cross-examination on hearsay evidence
- 23.5: Credibility
- 23.6: Use of plans, photographs and models etc as evidence
- 23.7: Evidence of finding on question of foreign law
- 23.8: Evidence of consent of trustee to act
- 23.9: Note of oral evidence …1
- Close sectionPart 24: Witnesses, Depositions Generally and Taking of Evidence in Member States of the European Union
- 24.1: Scope of this Chapter
- 24.2: Witness summonses
- 24.3: Issue of a witness summons
- 24.4: Time for serving a witness summons
- 24.5: Who is to serve a witness summons
- 24.6: Right of witness to travelling expenses and compensation for loss of time
- 24.7: Evidence by deposition
- 24.8: Conduct of examination
- 24.9: Enforcing attendance of witness
- 24.10: Use of deposition at a hearing
- 24.11: Restrictions on subsequent use of deposition taken for the purpose of any hearing except the final hearing
- 24.12: Where a person to be examined is out of the jurisdiction – letter of request
- 24.13: Fees and expenses of examiner of the court
- 24.14: Examiners of the court
- Chapter 2: Taking of Evidence – Member States of the European Union
- Close sectionPractice Direction 24A – Witnesses, Depositions and Taking of Evidence in Member States of the European Union
- Witness summonses
- Travelling expenses and compensation for loss of time
- Depositions to be taken in England and Wales for use as evidence in proceedings in courts in England and Wales
- Depositions to be taken abroad for use as evidence in proceedings before courts in England and Wales (where the Taking of Evidence Regulation does not apply)
- Evidence to be taken in another Regulation State for use in England and Wales
- Close section[Part 25: Experts and Assessors
- 25.1
- 25.2: Interpretation
- 25.3: Experts – overriding duty to the court
- [25.4: Control of expert evidence in proceedings other than children proceedings
- 25.5: Further provisions about the court’s power to restrict expert evidence
- 25.6: When to apply for the court’s permission
- 25.7: What an application notice requesting the court’s permission must include
- 25.8: Where permission is granted
- 25.9: General requirement for expert evidence to be given in a written report
- 25.10: Written questions to experts
- 25.11: Court’s power to direct that evidence is to be given by a single joint expert
- 25.12: Instructions to a single joint expert
- 25.13: Power of court to direct a party to provide information
- 25.14: Contents of report
- 25.15: Use by one party of expert’s report disclosed by another
- 25.16: Discussions between experts
- 25.17: Expert’s right to ask court for directions
- 25.18: Copies of orders and other documents
- 25.19: Action after final hearing
- 25.20: Assessors
- Close section[Practice Direction 25A – Experts – Emergencies and Pre Proceedings Instructions
- Close section[Practice Direction 25B – The Duties of an Expert, The Expert’s Report and Arrangements for an Expert to Attend Court
- Scope of this Practice Direction
- The meaning of ‘expert’
- The expert’s overriding duty
- Particular duties of the expert
- The requirement for the court’s permission
- Preliminary enquiries which the expert should expect to receive
- Balancing the needs of the court and those of the expert
- The expert’s response to preliminary enquiries
- Content of the expert’s report
- Arrangements for experts to give evidence
- [Annex
- Appendix 1 to the standards
- Appendix 2 to the standards
- Close section[Practice Direction 25C – 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
- Close section[Practice Direction 25D – 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
- Close section[Practice Direction 25E – Discussions Between Experts in Family Proceedings
- Close section[Practice Direction 25F – Assessors in Family Proceedings
- [Practice Direction 25G – Toxicology Test Evidence
- Close sectionPart 26:: Change of Solicitor
- Close sectionPractice Direction 26A – Change of Solicitor
- Close sectionPart 27:: Hearings and Directions Appointments
- 27.1: Application of this Part
- 27.2: Reasons for a decision[: proceedings before a lay justice or justices]1
- 27.3: Attendance at hearing or directions appointment
- 27.4: Proceedings in the absence of a party
- 27.5: Application to set aside judgment or order following failure to attend
- 27.6: Court bundles and place of filing of documents and bundles
- 27.7: Representation of companies or other corporations
- 27.8: Impounded documents
- [27.9: Recording, transcription and informal notes of proceedings
- 27.10: Hearings in private
- 27.11: Attendance at private hearings
- Close section[Practice Direction 27A – Family Proceedings: Court Bundles (Universal Practice to be applied in the High Court and Family Court)
- Application of the practice direction
- Responsibility for the preparation of the bundle
- Contents of the bundle
- Format of the bundle
- Timetable for preparing and lodging the bundle
- Lodging the bundle
- Lodging the bundle – additional requirements for Family Division or Family Court cases being heard at the RCJ
- Removing and re-lodging the bundle
- Time estimates
- Taking cases out of the list
- Penalties for failure to comply with the practice direction
- Commencement of the practice direction and application of other practice directions
- Close sectionPractice Direction 27B – Attendance of Media Representatives at Hearings in Family Proceedings (High Court and County Courts)
- 1: Introduction
- 2: Matters unchanged by the rule
- 3: Aims of the guidance
- 4: Identification of media representatives as ‘accredited’
- 5: Exercise of the discretion to exclude media representatives from all or part of the proceedings
- 6: Applications to exclude media representatives from all or part of proceedings
- Close sectionPart 28:: Costs
- Close sectionPractice Direction 28A – Costs
- Close sectionPart 29:: Miscellaneous
- 29.1: Personal details
- 29.2: Disclosure of information under the 1991 Act
- 29.3: Method of giving notice
- 29.4: Withdrawal of applications in proceedings
- 29.5: The Human Rights Act 1998
- 29.6: Documents in proceedings concerning gender recognition
- 29.7: Stamping or sealing court documents
- 29.8: Applications for relief which is precluded by the 1991 Act
- 29.9: Modification of rule 29.8 where the application is not freestanding
- 29.10: Standard requirements
- 29.11: Drawing up and filing of judgments and orders
- [29.12: Access to and inspection of documents retained in court
- 29.13: Service of judgments and orders
- 29.14: Power to require judgment or order to be served on a party as well as the party’s solicitor
- 29.15: When judgment or order takes effect
- 29.16: Correction of errors in judgments and orders
- [29.17: Transfer of proceedings
- [29.18: Application for change of area
- [29.19: Allocation of proceedings to another level of judge
- Close sectionPractice Direction 29A – Human Rights, Joining the Crown
- Close sectionPractice Direction 29B – Human Rights Act 1998
- [Practice Direction 29C – Transfer of Proceedings from the Family Court to the High Court
- Close sectionPart 30:: Appeals
- 30.1: Scope and interpretation
- 30.2: Parties to comply with the practice direction
- [30.3: Permission
- 30.4: Appellant’s notice
- 30.5: Respondent’s notice
- 30.6: Grounds of appeal
- 30.7: Variation of time
- 30.8: Stay
- 30.9: Amendment of appeal notice
- 30.10: Striking out appeal notices and setting aside or imposing conditions on permission to appeal
- 30.11: Appeal court’s powers
- 30.12: Hearing of appeals
- [30.12A Appeal court's power to order that hearing of appeal be held in public
- 30.13: Assignment of appeals to the Court of Appeal
- 30.14: Reopening of final appeals
- Close sectionPractice Direction 30A – Appeals
- [Application and interpretation
- Routes of appeal
- Grounds for appeal
- Permission to appeal
- [Allocation – appropriate procedure
- Appellant’s notice
- Procedure after permission is obtained
- Respondent
- Appeals to the High Court
- Appeals to a county court
- Appeals to [the family court from the Secretary of State]1: Deduction order appeals
- Appeal against the court’s decision under rules 31.10, 31.11 or 31.14
- Appeals against pension orders and pension compensation sharing orders
- Appeals to a court under section 20 of the 1991 Act (appeals in respect of parentage determinations)
- Applications
- Appeals against consent orders
- Disposing of applications or appeals by consent
- Allowing unopposed appeals or applications on paper
- Summary assessment of costs
- Reopening of final appeals
- Close sectionPart 31:: Registration of Orders under the Council Regulation, the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005[, the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014]1 and Under the Hague Convention 1996
- 31.1: Scope
- 31.2: Interpretation
- 31.3: Where to start proceedings
- 31.4: Application for registration, recognition or non-recognition of a judgment
- 31.5: Documents – supplementary
- 31.6: Directions
- 31.7: Recognition and enforcement under the Council Regulation of a judgment given in another Member State relating to rights of access or under Article 11(8) for the return of the child to that State
- 31.8: Registration for enforcement or order for non-recognition of a judgment
- 31.9: Stay of recognition proceedings by reason of an appeal
- 31.10: Effect of refusal of application for a decision that a judgment should not be recognised
- 31.11: Notification of the court’s decision on an application for registration or non-recognition
- 31.12: Effect of registration under rule 31.11
- 31.13: The central index of judgments registered under rule 31.11
- 31.14: Decision on recognition of a judgment only
- 31.15: Appeal against the court’s decision under rules 31.10, 31.11 or 31.14
- 31.16: Stay of enforcement where appeal pending in state of origin
- 31.17: Enforcement of judgments registered under rule 31.11
- 31.18: Request for a certificate or a certified copy of a judgment
- 31.19: Certificates issued in England and Wales under Articles 41 and 42 of the Council Regulation
- 31.20: Rectification of certificate issued under Article 41 or 42 of the Council Regulation
- 31.21: Authentic instruments and agreements under Article 46 of the Council Regulation
- 31.22: Application for provisional, including protective measures
- Close sectionPractice Direction 31A – Registration of orders under the Council Regulation, the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005[, the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014]1 and under the 1996 Hague Convention
- Form of application
- Evidence in support of all applications for registration, recognition or non-recognition
- Evidence required in support of application for registration, recognition or non-recognition of a judgment under the Council Regulation
- Evidence required in support of an application for registration, recognition or non-recognition of a judgment under the 1996 Hague Convention.
- Evidence required in support of an application for recognition or non-recognition of a judgment under the Jurisdiction and Recognition of Judgments Regulations [or the 2014 Regulations]1
- Evidence in support of application for a certificate under Articles 39, 41 or 42 of the Council Regulation, or for a certified copy of a judgment
- Close sectionPart 32: Registration and Enforcement of Orders
- Close sectionPart 33:: Enforcement
- Close sectionPractice Direction 33A – Enforcement of Undertakings
- Close sectionPart 35:: Mediation Directive
- Close sectionPart 36:: Transitional Arrangements and Pilot Schemes
- Close sectionPractice Direction 36A – Transitional Arrangements
- Close sectionPractice Direction 36C – Pilot Scheme: Care and Supervision Proceedings and Other Proceedings Under Part 4 of the Children Act 1989
- Scope
- The Relevant Start Date
- Publication of Relevant Start Date
- Purpose of the Pilot Scheme
- Modification of the FPR and Practice Directions During Operation of the Pilot Scheme
- Modification of FPR Part 12
- Modification of FPR Part 25
- Modification of FPR Part 27
- Modification of Practice Direction 5A (Forms)
- Application of Practice Direction 12A (Public Law Proceedings: Guide to Case Management) and Pilot Practice Direction 12A (Care, Supervision and Other Part 4 Proceedings: Guide to Case Management)
- Modification of Practice Direction 12C (Service of Application in Children Proceedings)
- Modifications to Practice Direction 27A (Family Proceedings: Court Bundles: (Universal Practice to be Applied in all Courts other than the Family Proceedings Court)
- Modifications to Practice Direction 27B (Attendance of Media Representatives at Hearings in Family Proceedings)
- Modifications to Practice Direction 27C (Attendance of Media Representatives at Hearings in Family Proceedings)
- Annex to Practice Direction 36C: Pilot Practice Direction 12A – Care, Supervision and other Part 4 Proceedings: Guide to Case Management
- Close section[Practice Direction 36F – Pilot Scheme: Procedure for Using Structured Interventions Before a First Hearing Dispute Resolution Appointment in Certain Private Law Proceedings Relating to Children
- Close section[[Part 37: Applications and Proceedings in relation to Contempt of Court
- 37.1: Scope
- 37.2 Interpretation
- 37.3 How to make a contempt application
- 37.4 Requirements of a contempt application
- 37.5 Service of a contempt application
- 37.6 Cases where no application is made
- 37.7 Directions for hearing of contempt proceedings
- 37.8 Hearings and judgments in contempt proceedings
- 37.9 Powers of the court in contempt proceedings
- 37.10 Applications to discharge committal orders
- Close section[[Practice Direction 37A – Applications and Proceedings in Relation to Contempt of Court
- Close section[Part 38: Recognition and enforcement of protection measures
- Close section[Practice Direction 38A – Recognition and Enforcement of Protection Measures
- Close section[Part 39: Attachment of Earnings
- Close section[Part 40: Charging Order, Stop Order, Stop Notice
- Close section[Practice Direction 40A – Charging Orders, Stop Orders and Stop Notices
- Close section[Part 41 Proceeding by Electronic Means
- Close sectionPractice Direction 41A – Proceedings by Electronic Means: Certain Proceedings for a Matrimonial Order
- Close section[Practice Direction 41B – Proceeding by Electronic Means: Procedure for an Application for a Consent Order for a Financial Remedy in Connection with Divorce Proceedings
- Close section[Practice Direction 41C – Proceeding by Electronic Means: Appeals in Family Proceedings Heard in the High Court
- General
- Types of appeal proceedings which may proceed by electronic means
- Steps which may be taken by electronic means: outline
- Application of the FPR and supporting practice directions
- Proceeding by electronic means
- The online case management system and alternative filing methods
- Original documents
- General rules regarding issue and filing
- Payment of fees
- Electronic sealing
- Service
- Transfer of proceedings and file transmission
- Applications in proceedings
- Case and cost management and other directions
- Bundles for hearings
- Security
- Close sectionFostering Services (England) Regulations 2011
- Close sectionPart I:: General
- Close sectionPart 2:: Statement of purpose and children’s guide
- Close sectionPart 3:: Management of Fostering Service
- Close sectionPart 4:: Conduct of Fostering Services
- 11: Independent fostering agencies –duty to secure welfare
- 12: Arrangements for the protection of children
- 13: Behaviour management and children missing from foster parent’s home
- 14: Duty to promote contact
- 15: Health of children placed with foster parents
- 16: Education, employment and leisure activities
- 17: Support, training and information for foster parents
- 18: Independent fostering agencies – representations and complaints
- 19: Staffing of fostering service
- 20: Fitness of workers
- 21: Employment of staff
- 22: Records with respect to fostering services
- Close sectionPart 5:: Approval of Foster Parents
- 23: Constitution and membership of fostering panel
- 24: Meetings of fostering panel
- 25: Functions of fostering panel
- 26: Assessment of prospective foster parents
- 27: Approval of foster parents
- 28: Reviews and terminations of approval
- 29: Information to be sent to the independent review panel
- 30: Case records relating to foster parents and others
- 31: Register of foster parents
- 32: Retention and confidentiality of records
- Close sectionPart 6:: Fostering Agencies – Miscellaneous
- 33: Fostering agency ceasing to carry out fostering functions – notifications and records
- 34: Fostering agency ceasing to carry out fostering functions – new fostering service providers
- 35: Review of quality of care
- 36: Notifiable events
- 37: Financial position
- 38: Notice of absence
- 39: Notice of changes
- 40: Appointment of liquidators
- 41: Compliance with Regulations
- Close sectionPart 7:: Miscellaneous
- 42: Application of these Regulations with modifications to short breaks
- 43: Amendment of Regulations
- 44: Revocation of Regulations
- 45: Transitional provisions
- Schedule 1: Information required in respect of persons seeking to carry on, manage or work for the purposes of a fostering service
- Schedule 2: Records to be kept by fostering service providers
- [Schedule 3: Information as to prospective foster parent (‘X’) and other members of their household and family
- Schedule 4: Offences specified for the purposes of regulation 26
- Schedule 5: Matters and obligations in Foster Care Agreements
- Schedule 6: Matters to be monitored by the registered person
- Schedule 7: Events and Notifications
- Close sectionArrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011
- Close sectionPart 1:: General
- Close sectionPart 2:: Placements – general provisions
- Close sectionPart: 3: Placements by a voluntary organisation with a foster parent
- Close sectionPart 4:: Other Duties
- Close sectionPart 5:: Reviews of children’s cases
- 17: Reviews of children’s cases
- 18
- 19: Time when each case to be reviewed
- 20: Manner in which cases are to be reviewed
- 21: Considerations to which the responsible authority are to have regard
- 22: Health reviews
- 23: Consultation, participation and notification
- 24: Arrangements for implementation of decisions arising out of reviews
- 25: Matters to be notified to the independent reviewing officer
- 26: Monitoring arrangements for reviews
- 27: Recording review information
- Close sectionPart 6:: Miscellaneous
- Close sectionSchedule 1: Considerations to which responsible authorities are to have regard
- Schedule 2: Matters to be included in a placement plan
- Schedule 3: Elements to be included in reviews
- Schedule 4: General considerations to which responsible authorities are to have regard in reviewing the child’s case
- Close sectionAdoption (Recognition of Overseas Adoptions) Order 2013
- Close sectionFamily Court (Composition and Distribution of Business) Rules 2014
- Close sectionPart 1:: Introductory provisions
- Close sectionPart 2:: Composition of the family court
- 3: Composition: general
- 4: Composition: allocation decision
- 5: Composition: appeals heard by a judge of district judge level
- 6: Composition: appeals heard by a judge of circuit judge level or a judge of High Court level
- 7: Composition: appeals heard by a judge of High Court level
- 8: Composition: matters part heard
- Close sectionPart 3:: Authorisations
- Close sectionPart 4:: Lay justices: chairmanship of the family court
- Close sectionPart 5:: Distribution of business of the family court
- [12A: Interpretation of this Part
- 14: Persons who may exercise jurisdiction of the family court
- 15: Allocation of proceedings in Schedule 1
- 16: Allocation of emergency applications
- 17: Allocation: applications in existing proceedings or in connection with proceedings that have concluded
- 18: Allocation: costs
- 19: Allocation: appeals
- 20: Allocation: all other proceedings
- Close sectionPart 6:: Guidance
- Schedule 1: Allocation
- Close sectionSchedule 2: Remedies
- Close sectionAdoption and Children Act Register Regulations 2014
- Close sectionChildren’s Homes (England) Regulations 2015
- Close sectionPart 1:: General
- Close sectionPart 2:: Quality standards and related matters
- Close sectionPart 3:: Registered persons
- Close sectionPart 4:: Staffing
- Close sectionPart 5:: Policies, records, complaints and notifications
- 34: Policies for the protection of children
- 35: Behaviour management policies and records
- 36: Children’s case records
- 37: Other records
- 38: Storage of records etc.
- 39: Complaints and representations
- 40: Notification of a serious event
- 41: Notification with respect to children admitted into, or discharged from, a children’s home
- 42: Notification of offences
- Close sectionPart 6:: Monitoring and reviewing children’s homes
- Close sectionPart 7: Miscellaneous
- 48: Notice of absence
- 49: Notice of changes
- 50: Appointment of liquidators etc.
- 51: Death of registered person
- 52: Application of the Regulations to short breaks and secure children’s homes with modifications
- 53: Amendments
- 56: Revocations
- 57: Review
- Schedule 1: Matters to be included in the Statement of Purpose
- Schedule 2: Information required in respect of persons seeking to carry on, manage or work at a children’s home
- Schedule 3: Information to be included in each child’s case records
- Schedule 4: Other records with respect to children’s homes
- Schedule 5: Modification of the Regulations for short breaks and secure children’s homes
- Close sectionCourt of Protection Rules 2017
- Close sectionPart 1:: The overriding objective
- Close sectionPart 2:: Interpretation and general provisions
- Close sectionPart 3:: Managing the case
- 3.1 The court's general powers of case management
- 3.2 Case management – unrepresented parties
- 3.3 Court's power to dispense with requirement of any rule
- 3.4 Exercise of powers on the court's own initiative
- 3.5 General power of the court to rectify matters where there has been an error of procedure
- 3.6 Dealing with the application
- 3.7 Directions
- Allocation of proceedings
- Close sectionPart 4:: Hearings
- Close sectionPart 5:: Court documents
- 5.1 Documents used in court proceedings
- 5.2 Documents required to be verified by a statement of truth
- 5.3 Position statement not required to be verified by statement of truth
- 5.4 Failure to verify a document
- 5.5 Failure to verify a witness statement
- 5.6 False statements
- 5.7 Personal details
- 5.8 Supply of documents to a party from court records
- 5.9 Supply of documents to a non-party from court records
- 5.10 Subsequent use of court documents
- 5.11 Editing information in court documents
- 5.12 Public Guardian to be supplied with court documents relevant to supervision of deputies
- 5.13 Provision of court order to Public Guardian
- 5.14 Amendment of application
- 5.15 Clerical mistakes or slips
- 5.16 Endorsement of amendment
- Close sectionPart 6:: Service of documents
- Close sectionPart 7:: Notifying P
- Close sectionPart 9:: How to start and respond to proceedings, and parties to proceedings
- Close sectionPart 10:: Applications within proceedings
- 10.1 Types of applications for which the Part 10 procedure may be used
- 10.2 Application notice to be filed
- 10.3. What an application notice must include
- 10.4. Service of an application notice
- 10.5 Applications without notice
- 10.6 Security for costs
- 10.7 Conditions to be satisfied
- 10.8 Security for costs other than from the applicant
- 10.9 Security for costs of an appeal
- Interim remedies
- Close sectionPart 11:: Deprivation of liberty
- Close sectionPractice Direction 11A – Deprivation of liberty applications
- Introduction
- Part 1: Applications under section 21A relating to a standard or urgent authorisation under Schedule A1
- Part 2: Applications under section 16(2)(a) for an order authorising deprivation of liberty under section 4A(3) and (4) pursuant to a streamlined procedure
- Part 3: Provisions common to applications under Part 1 and Part 2
- Close sectionPart 12:: Human rights
- Close sectionPart 13:: Jurisdiction, withdrawal of proceedings, participation and reconsideration
- Close sectionPart 14:: Admissions, evidence and depositions
- Close sectionPart 15:: Experts
- 15.1 References to expert
- 15.2 Restriction on filing an expert's report
- 15.3 Duty to restrict expert evidence
- 15.4 Experts – overriding duty to the court
- 15.5 Court's power to restrict expert evidence
- 15.6 General requirement for expert evidence to be given in a written report
- 15.7 Written questions to experts
- 15.8 Contents of expert's report
- 15.9 Use by one party of expert's report disclosed by another
- 15.10 Discussions between experts
- 15.11 Expert's right to ask court for directions
- 15.12 Court's power to direct that evidence is to be given by a single joint expert
- 15.13 Instructions to a single joint expert
- Close sectionPart 16:: Disclosure
- 16.1 Meaning of disclosure
- 16.2 General or specific disclosure
- 16.3 Procedure for general or specific disclosure
- 16.4 Ongoing duty of disclosure
- 16.5 Right to inspect documents
- 16.6 Inspection and copying of documents
- 16.7 Claim to withhold inspection or disclosure of documents
- 16.8 Consequence of failure to disclose documents or permit inspection
- Close sectionPart 17:: Litigation friends and rule 1.2 representatives
- Close sectionPart 18:: Change of solicitor
- Close sectionPart 19:: Costs
- 19.1 Interpretation
- 19.2 Property and affairs – the general rule
- 19.3 Personal welfare – the general rule
- 19.4 Apportioning costs – the general rule
- 19.5 Departing from the general rule
- 19.6 Rules about costs in the Civil Procedure Rules to apply
- 19.7 Detailed assessment of costs
- 19.8 Employment of a solicitor by two or more persons
- 19.9 Costs of the Official Solicitor
- 19.10 Procedure for assessing costs
- 19.11 Costs following P's death
- 19.12 Costs orders in favour of or against non-parties
- 19.13 Remuneration of a deputy, donee or attorney
- 19.14 Practice direction as to costs
- Close sectionPart 20:: Appeals
- 20.1 Scope of this Part
- 20.2 Interpretation
- 20.3 Dealing with appeals
- 20.4 Destination of appeals
- 20.5 Permission to appeal – appeals to the Court of Appeal
- 20.6 Permission to appeal – other cases
- 20.7 Appeal against an order for committal to prison
- 20.8 Matters to be taken into account when considering an application for permission
- 20.9 Power to treat application for permission to appeal as application for reconsideration under rule 13.4
- 20.10 Appellant's notice
- 20.11 Respondent's notice
- 20.12 Variation of time
- 20.13 Power of appeal judge on appeal
- 20.14 Determination of appeals
- Close sectionPart 21:: Applications and proceedings in relation to contempt of court
- Section 1: Scope and interpretation
- Section 2: Committal for breach of a judgment, order or undertaking to do or abstain from doing an act
- Section 3: Contempt in the face of the court
- Section 4: Committal for interference with the due administration of justice
- Section 5: Committal for making a false statement of truth
- Section 6: Writ of sequestration to enforce a judgment, order or undertaking
- Section 7: General rules about committal applications, orders for committal and writs of sequestration
- Close sectionPart 22:: Civil restraint orders
- Close sectionPart 23:: International protection of adults
- 23.1 Applications in connection with Schedule 3 to the Act – general
- 23.2 Interpretation
- 23.3 Application of these Rules in relation to Schedule 3 applications
- 23.4 Applications for recognition and enforcement
- 23.5 Applications in relation to lasting powers – disapplication or modification
- 23.6 Applications in relation to lasting powers – declaration as to authority of donee of lasting power
- Close sectionPart 24:: Miscellaneous
- 24.1 Enforcement methods – general
- 24.2 Enforcement methods – application of the Civil Procedure Rules 1998
- 24.3 Order or directions requiring a person to give security for discharge of functions
- 24.4 Objections to registration of an enduring power of attorney – request for directions
- 24.5 Disposal of property where P ceases to lack capacity
- 24.6 Citation and commencement, revocations and transitional provision
- Close sectionHuman Fertilisation and Embryology (Parental Orders) Regulations 2018
- 1 Citation, commencement, extent and interpretation
- 2 Application of certain provisions of the 2002 Act subject to modifications
- 3 Application of certain provisions of the 2007 Act subject to modifications
- 4 Application of certain provisions of the 1987 Order subject to modifications
- 5 References in enactments to be read as references to parental orders etc
- 6 Revocation and savings
- Close sectionSchedule 1: Application and modification of the 2002 Act in respect of parental orders and applications for such orders
- Close sectionSchedule 2: Application and modification of the 2007 Act in relation to parental orders and applications for such orders
- Close sectionSchedule 3: Application and modification of the 1987 Order in respect of parental orders and applications for such orders
- Close sectionSchedule 4: References to adoption etc in enactments to be read as references to effect of parental order etc
- Marriage Act 1949
- Succession (Scotland) Act 1964
- Registration of Births, Deaths and Marriages (Scotland) Act 1965
- Births and Deaths Registration (Northern Ireland) Order 1976
- Marriage (Scotland) Act 1977
- Adoption (Scotland) Act 1978
- British Nationality Act 1981
- Senior Courts Act 1981
- Foster Children (Scotland) Act 1984
- Child Abduction and Custody Act 1985
- Family Law Act 1986
- Children Act 1989
- Human Fertilisation and Embryology Act 1990
- Judicial Pensions and Retirement Act 1993
- Civil Evidence (Family Mediation) (Scotland) Act 1995
- Children (Northern Ireland) Order 1995
- Sexual Offences Act 2003
- Civil Partnership Act 2004
- Modification of the Local Electoral Administration and Registration Services (Scotland) Act 2006
- Human Fertilisation and Embryology Act 2008
- Council Regulation (EC) No 1347/20001 of 29 May 2000
- Close sectionCouncil Regulation (EC) No 2201/2003 of 27 November 2003
- Close sectionChapter I:: Scope and Definitions
- Close sectionChapter II:: Jurisdiction
- Close sectionChapter III:: Recognition and Enforcement
- Section 1: Recognition
- Section 2: Application for a declaration of enforceability
- Section 3: Provisions common to Sections 1 and 2
- Section 4: Enforceability of certain judgments concerning rights of access and of certain judgments which require the return of the child
- Section 5: Authentic instruments and agreements
- Section 6: Other provisions
- Close sectionChapter IV:: Cooperation Between Central Authorities in Matters of Parental Responsibility
- Close sectionChapter V:: Relations with Other Instruments
- Close sectionChapter VI:: Transitional Provisions
- Close sectionChapter VII:: Final provisions
- Annex I: Certificate Referred to in Article 39 Concerning Judgments in Matrimonial Matters
- Annex II: Certificate Referred to in Article 39 Concerning Judgments on Parental Responsibility(1)
- Annex III: Certificate Referred to in Article 41(1) Concerning Judgments on Rights of Access(1)
- Annex IV: Certificate Referred to in Article 42(1) Concerning the Return of the Child(1)
- Annex V: Comparative Table With Regulation (Ec) No 1347/2000
- Annex VI: Declarations by Sweden and Finland pursuant to Article 59(2)(a) of the Council Regulation concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No 1347/2000.
- Close sectionJurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019
- Close sectionJurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019
- Close sectionRules of the Supreme Court 1965
- Close sectionIndex