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Hershman and McFarlane: Children Law and Practice
Authors: Andrew McFarlane and Madeleine Reardon
Publication Date: April 2020
Publisher: Bloomsbury Professional
Copyright: 2020 Bloomsbury Professional
Law As Stated At: 1 January 2020
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 86, April 2020
Contents
- In this Issue – Issue 86, April 2020
- Close sectionPrefatory Material
- 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
- 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 sectionSection 6 Sharing Parental Responsibility
- Close sectionSection 7 Guardianship
- Close sectionDivision B Private Law Proceedings
- Close sectionSection 1 Jurisdiction
- 1: Overview of Jurisdiction
- 2: The United Kingdom’s departure from the European Union
- 3: Habitual residence
- 4: Jurisdiction under the Family Law Act 1986
- 5: Brussels II Revised
- 6: The 1996 Hague Convention on the Protection of Children
- 7: Forum conveniens
- 8: The ‘Family Court’ and ‘family proceedings’
- 9: Commencement of family proceedings
- 10: Family Procedure Rules 2010
- Close sectionSection 2 The Welfare of the Child
- Close sectionSection 3 Section 8 Orders
- Close sectionSection 4 Applications for Section 8 Orders
- Close sectionSection 5 The role of Cafcass
- 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
- 2: MCA 2005: the key principles
- 3: Scope of jurisdiction under MCA 2005
- 4: The Court of Protection
- 5: Appointment of a deputy
- 6: Lasting power of attorney
- 7: The Office of the Public Guardian
- 8: Independent Mental Capacity Advocate (IMCA)
- 9: The care of persons lacking capacity
- 10: Deprivation of liberty
- 11: 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 sectionSection 3 Care Orders
- Close sectionSection 4 Supervision Orders
- Close sectionSection 5 The Children’s Guardian
- 1: Definitions
- 2: The appointment of a children’s guardian
- 3: Responsibilities of the children’s guardian in specified proceedings
- 4: Local authority responsibility to the children’s guardian
- 5: Termination of appointment of children’s guardian
- 6: The appointment of a solicitor for the child
- 7: Responsibilities of the solicitor for the child in specified proceedings
- 8: Litigation friend or children’s guardian in non-specified proceedings
- 9: Service of documents
- Close sectionSection 6 Evidence
- Close sectionSection 7 The Mental Health Act 1983
- Close sectionDivision D Adoption
- Close sectionSection 1 Adoption: Key Principles
- Close sectionSection 2 Adoption Services
- Close sectionSection 3 Placing a Child for Adoption
- Close sectionSection 4 Adoption and Children Act 2002 Proceedings
- Close sectionSection 5 Consequences of an Adoption Order
- Close sectionSection 6 Adoptions with an International Element
- Close sectionSection 7 Transitional Provisions
- Close sectionDivision E Appeals and Judicial Review
- Close sectionDivision F Local Authority Responsibility
- Close sectionSection 1 Introduction
- Close sectionSection 2 Provision of Services
- 1: Introduction
- 2: Children in need
- 3: Specific services for children in need
- 4: Services for all children
- 4A: Summary of provision of services by local authority in England ‘where appropriate’
- 5: Payment for services
- 6: Registration of persons providing day care and child minders
- 7: Advise, assist and befriend
- 8: Inspection and improvement of children’s services
- 9: Provision of services 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
- 3: Representations and complaints
- 3A: Representation procedure: check-chart
- 4: The powers of the Secretary of State
- 5: Children’s Commissioner
- 6: Complaint to the Ombudsman
- 7: 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 sectionDivision H Fostering and Family Placement
- Close sectionDivision I Non-Statutory Materials
- Close sectionSection 1 Practice Directions, Practice Notes and Guidance
- 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
- Practice Guide for the Application of the New Brussels II Regulation
- Practice Guide for the Application of the Brussels IIa Regulation
- Explanatory 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
- UN 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 sectionDivision J Statutes
- Close sectionChildren and Young Persons Act 1933
- Part I:: Prevention of Cruelty and Exposure to Moral and Physical Danger
- Part III:: Protection of Children and Young Persons in Relation to Criminal and Summary Proceedings
- Part 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 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 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 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
- Schedule 1: Savings and Consequential Amendments
- Close sectionDomestic Proceedings and Magistrates’ Courts Act 1978
- 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 sectionSurrogacy Arrangements Act 1985
- Close sectionChild Abduction and Custody Act 1985
- Part I:: International Child Abduction
- Part II:: Recognition and Enforcement of Custody Decisions
- Part III:: Supplementary
- Schedule 1: Convention on The Civil Aspects of International Child Abduction
- Schedule 2: European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children
- Schedule 3: Custody Orders
- 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
- Part I:: Introductory
- Part II:: Orders With Respect to Children in Family and Other Proceedings
- Part III:: [Support for Children and Families Provided by Local Authorities in England]1
- Part IV:: Care and Supervision
- Part V:: Protection of Children
- Part VI:: Community Homes
- Part VII:: Voluntary Homes and Voluntary Organisations
- Part VIII:: Registered Children’s Homes
- Part IX:: Private Arrangements for Fostering Children
- Part X:: Child minding and day care for young children
- [Part XA3: Child Minding and Day Care for Children in […2 Wales]1
- Part XI:: Secretary of State’s Supervisory Functions and Responsibilities
- Part XII:: Miscellaneous and General
- [Schedule A1: Enforcement Orders
- Schedule 1: Financial Provision for Children
- Schedule 2: [Support for Children and Families Provided by Local Authorities in England]13
- Schedule 3: Supervision Orders
- Schedule 4: Management and Conduct of Community Homes
- Schedule 5: Voluntary Homes and Voluntary Organisations
- Schedule 6: [Private Children’s Homes]1
- Schedule 7: Foster Parents: Limits on Number of Foster Children
- Schedule 8: Privately Fostered Children
- [Schedule 9A: Child Minding and day Care for Young Children [in Wales]15
- Schedule 10
- Schedule 11: Jurisdiction
- Schedule 14: Transitional and Savings
- Schedule 15: Repeals
- Close sectionAccess to Health Records Act 1990
- Close sectionHuman Fertilisation and Embryology Act 1990
- Principal terms used
- Activities governed by the Act
- The Human Fertilisation and Embryology Authority, its functions and procedure
- Scope of licences
- Licence conditions
- Grant, revocation and suspension of licences
- Directions and guidance
- Status
- Information
- [Mitochondrial donation
- [Fees
- Conscientious objection
- Enforcement
- Offences
- Miscellaneous and General
- Schedule 1: The Authority: Supplementary Provisions
- Schedule 2: Activities for Which Licences may be Granted
- Schedule 3: Consents to Use of Gametes [or Storage of Gametes, Embryos or Human Admixed Embryos etc]1
- [Schedule 3ZA: Circumstances in which Offer of Counselling Required as Condition of Licence for Treatment
- [Schedule 3A: Supplementary Licence Conditions: Human Application
- [Schedule 3AA: Requirements where gametes or embryos imported from third country
- [Schedule 3B: Inspection, Entry, Search and Seizure
- Close sectionFamily Law Act 1996
- Close sectionProtection from Harassment Act 1997
- Close sectionCrime and Disorder Act 1998
- Close sectionHuman Rights Act 1998
- Close sectionAdoption (Intercountry Aspects) Act 1999
- Close sectionProtection of Children Act 1999
- Close sectionCare Standards Act 2000
- Close sectionCriminal Justice and Court Services Act 2000
- Close sectionAdoption and Children Act 2002
- Part I:: Adoption
- Part 2:: Amendments of The Children Act 1989
- Part 3:: Miscellaneous and Final Provisions
- Schedule 1: Registration of Adoptions
- Schedule 2: Disclosure of Birth Records by Registrar General
- Schedule 3: Minor and Consequential Amendments
- Schedule 4: Transitional and Transitory Provisions and Savings
- Schedule 5: Repeals
- Schedule 6: Glossary
- Close sectionCriminal Justice Act 2003
- Close sectionHuman Fertilisation and Embryology (Deceased Fathers) Act 2003
- Close sectionChildren Act 2004
- Part 1:: Children’s Commissioner
- Part 2:: Children’s Services in England
- Part 3:: Children’s Services in Wales
- Part 4:: Advisory and Support Services for Family Proceedings
- Part 5:: Miscellaneous
- Part 6:: General
- Schedule 1: Children’s Commissioner
- Schedule 2: Director of Children’s Services: Consequential Amendments
- Schedule 3: Advisory and Support Services for Family Proceedings
- Schedule 4: Child Minding and Day Care
- Schedule 5: Repeals
- Close sectionMental Capacity Act 2005
- Part 1:: Persons who lack capacity
- Part 2:: The Court of Protection and the Public Guardian
- Part 3:: Miscellaneous and general
- [Schedule A1: Hospital and Care Home Residents: Deprivation of Liberty
- Schedule 1: Lasting Powers of Attorney: Formalities
- [Schedule 1A: Persons Ineligible to be Deprived of Liberty by this Act
- Schedule 2: Property and Affairs: Supplementary Provisions
- Schedule 3: International Protection of Adults
- Schedule 4: Provisions Applying to Existing Enduring Powers of Attorney
- Schedule 5: Transitional Provisions and Savings
- Schedule 6: Minor and Consequential Amendments
- Schedule 7: Repeals
- Close sectionChildren and Adoption Act 2006
- Close sectionHuman Fertilisation and Embryology Act 2008
- 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 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
- Part 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
- [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
- 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 sectionAppendix 1: Children (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
- Schedule 1: Orders Made by Court in England and Wales Corresponding to Supervision Requirement
- Schedule 3: Orders Made by Court in Northern Ireland Corresponding to Supervision Requirement
- Schedule 4
- Schedule 5
- Close sectionCivil Procedure Rules 1998
- 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
- Part 1:: General
- Part 2:: Requirements, Procedure, Recognition and Effect of Adoption in England and Wales Where the United Kingdom is the Receiving State
- Part 3:: Requirements and Procedure in England and Wales Where the United Kingdom is the State of Origin
- Part 4:: Miscellaneous
- Schedule 1: Certificate of eligibility and approval
- Schedule 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
- Part I:: General
- Part II:: Registered Providers, Responsible Individuals and Managers
- Part III:: Conduct of Agencies
- Part IV:: Miscellaneous – Agencies
- [Part 4A: Provision of Adoption Support Services]1
- 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 sectionLocal Authority Adoption Service (England) Regulations 2003
- Part I:: General
- Part II:: Managers
- Part III:: Conduct of Local Authority Adoption Service
- Schedule 1: Information to be Included in the Statement of Purpose
- Schedule 2: Information to be Included in the Children’s Guide
- Schedule 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
- Part I:: General
- Part 2:: Adoption Agency – Arrangements for Adoption Work
- Part 3:: Duties of Adoption Agency Where the Agency is Considering Adoption for a Child
- [Part 4: Duties of Adoption Agency in Respect of a Prospective Adopter
- Part 5:: Duties of Adoption Agency in Respect of Proposed Placement of Child with Prospective Adopter
- Part 6:: Placement and Reviews
- Part 7:: Case Records
- Part 8:: Miscellaneous
- Schedule 1: Information
- [Schedule 1A: …2
- Schedule 2: Information and Documents to be Provided to the Cafcass or the National Assembly for Wales
- Schedule 3
- [Schedule 4
- [Schedule 4A: Modifications to Part 4
- [Schedule 4B: …2
- Schedule 5: Adoption Placement Plan
- Close sectionAdoptions with a Foreign Element Regulations 2005
- Close sectionAdoption Support Services Regulations 2005
- Close sectionDisclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005
- Close sectionAdoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005
- Close sectionAdopted Children and Adoption Contact Registers Regulations 2005
- Part I:: General
- Part 2:: Adopted Children Register
- Part 3:: Adoption Contact Register
- Part 4:: Information from the Registers
- Part 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
- Schedule: 1 Information to be Provided in Notification
- Schedule: 2 Welfare of Children who are to be Fostered Privately
- Schedule: 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
- Part 1:: General
- Part 2:: Registered Providers, Responsible Individuals and Managers
- Part 3:: Conduct of Agencies
- Part 4:: Miscellaneous
- Part 5:: Fees, Frequency of Inspections and Registration
- Part 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 sectionLocal Authority (Adoption) (Miscellaneous Provisions) Regulations 2005
- Close sectionChildren Act 1989 Representations Procedure (England) Regulations 2006
- 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
- Allocation and Transfer of Proceedings Order 2008
- Close sectionIndependent Review of Determinations (Adoption and Fostering) Regulations: 2009
- Close sectionCare Planning, Placement and Case Review (England) Regulations 2010
- Part 1:: General
- Part 2:: Arrangements for looking after a child
- Part 3:: Placements – general provisions
- Part 4:: Provision for different types of placement
- Part 5:: Visits by the responsible authority’s representative etc
- Part 6:: Reviews of the child’s case
- Part 7:: Arrangements made by the responsible authority for ceasing to look after a child
- Part 8:: Independent reviewing officers and independent visitors
- [Part 8A: Application of these Regulations with modifications to children on remand
- Part 9:: Miscellaneous
- Schedule 1: Care plans
- Schedule 2: Matters to be dealt with in the placement plan
- Schedule 2A: Matters to be dealt with in the detention placement plan
- Schedule 3: Matters to be taken into account when assessing the suitability of P to care for C
- Schedule 4: Matters to be taken into account when assessing the suitability of a connected person to care for C
- Schedule 5: Agreement with an independent fostering agency relating to the discharge of the responsible authority’s functions
- Schedule 6: Matters to be considered before placing C in accommodation in an unregulated setting under section 22(6)(d)
- Schedule 7: Considerations to which the responsible authority must have regard when reviewing C’s case
- Schedule 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 sectionVisits to Former Looked After Children in Detention (England) Regulations 2010
- Close sectionFamily Procedure Rules 2010
- Part 1:: Overriding Objective
- Part 2:: Application and Interpretation of the Rules
- Practice 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
- [Practice Direction 2B – References in the Rules to Actions Done by the Court or by a Court Officer
- [Part 3: Non-court Dispute Resolution
- [Practice Direction 3A – Family Mediation Information and Assessment Meetings (MIAMS)
- Part 3A:: Vulnerable Persons: Participation in Proceedings and Giving Evidence
- Practice Direction 3AA – Vulnerable Persons: Participation in Proceedings and Giving Evidence
- Part 4:: General Case Management Powers
- Practice Direction 4A – Striking Out a Statement of Case
- Practice Direction 4B – Civil Restraint Orders
- Part 5:: Forms and Start of Proceedings
- Practice Direction 5A: – Forms
- [Practice Direction 5B – Communication and Filing of Documents by E-Mail
- Part 6:: Service
- Practice Direction 6A – Service within the Jurisdiction
- Practice Direction 6B – Service out of the Jurisdiction
- Practice Direction 6C – Disclosure of Addresses by Government Departments 13 February 1989 [as amended by Practice Direction 20 July 1995]
- Part 7:: Procedure for Applications in Matrimonial and Civil Partnership Proceedings
- Part 8:: Procedure for Miscellaneous Applications
- Part 9:: Applications for a Financial Remedy
- Part 10:: Applications under Part 4 of the Family Law Act 1996
- Practice Direction 10A – Part 4 of the Family Law Act 1996
- Part 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
- Part 12:: [Children Proceedings]1 Except Parental Order Proceedings and Proceedings for Applications in Adoption, Placement and Related Proceedings
- [Practice Direction 12A – Care, Supervision and Other Part 4 Proceedings: Guide to Case Management
- [Practice Direction 12B – Child Arrangements Programme
- Practice Direction 12C – Service of Application in Certain Proceedings Relating to Children
- Practice Direction 12D – Inherent Jurisdiction (including Wardship) Proceedings
- Practice Direction 12E – Urgent Business
- Practice Direction 12F – International Child Abduction
- Practice Direction 12G – Communication of Information
- Practice Direction 12H – Contribution Orders
- Practice Direction 12I – Applications for Reporting Restriction Orders
- [Practice Direction 12J – Child Arrangements and Contact Orders: Domestic Abuse and Harm
- 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
- Practice Direction 12P – Removal from Jurisdiction: Issue of Passports
- Part 13:: Proceedings under section 54 [or section 54A]2 of the Human Fertilisation and Embryology Act 2008
- Part 14:: Procedure for Applications in Adoption, Placement and Related Proceedings
- Practice Direction 14A – Who Receives a Copy of the Application Form for Orders in Proceedings
- Practice Direction 14B – The First Directions Hearing – Adoptions with a Foreign Element
- Practice Direction 14C – Reports by the Adoption Agency or Local Authority
- Practice Direction 14D – Reports by a Registered Medical Practitioner (‘Health Reports’)
- Practice Direction 14E – Communication of Information Relating to Proceedings
- Practice Direction 14F – Disclosing Information to an Adopted Adult
- Part 15:: Representation of Protected Parties
- Practice Direction 15A – Protected Parties
- [Practice Direction 15B – Adults who may be Protected Parties and Children who may become Protected Parties in Family Proceedings
- Part 16:: Representation of Children and Reports in Proceedings Involving Children
- Practice Direction 16A – Representation of Children
- Part 17:: Statements of Truth
- Practice Direction 17A – Statements of Truth
- Part 18:: Procedure for Other Applications in Proceedings
- Practice Direction 18A – Other Applications in Proceedings
- Part 19:: Alternative Procedure for Applications
- Practice Direction 19A – Alternative Procedure for Applications
- Part 20:: Interim Remedies and Security for Costs
- Part 21:: Miscellaneous Rules about Disclosure and Inspection of Documents
- Practice Direction 21A – Disclosure and Inspection
- Part 22:: Evidence
- Practice Direction 22A – Written Evidence
- Part 23:
- Part 24:
- Practice Direction 24A – Witnesses, Depositions and Taking of Evidence in Member States of the European Union
- [Part 25: Experts and Assessors
- [Practice Direction 25A – Experts – Emergencies and Pre Proceedings Instructions
- [Practice Direction 25B – The Duties of an Expert, The Expert’s Report and Arrangements for an Expert to Attend Court
- [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
- [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
- [Practice Direction 25E – Discussions Between Experts in Family Proceedings
- [Practice Direction 25F – Assessors in Family Proceedings
- Part 26:: Change of Solicitor
- Practice Direction 26A – Change of Solicitor
- Part 27:: Hearings and Directions Appointments
- [Practice Direction 27A – Family Proceedings: Court Bundles (Universal Practice to be applied in the High Court and Family Court)
- Practice Direction 27B – Attendance of Media Representatives at Hearings in Family Proceedings (High Court and County Courts)
- Part 28:: Costs
- Practice Direction 28A – Costs
- Part 29:: Miscellaneous
- Practice Direction 29A – Human Rights, Joining the Crown
- Practice Direction 29B – Human Rights Act 1998
- [Practice Direction 29C – Transfer of Proceedings from the Family Court to the High Court
- Part 30:: Appeals
- Practice Direction 30A – Appeals
- Part 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
- Practice 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
- Part 33:: Enforcement
- Practice Direction 33A – Enforcement of Undertakings
- Part 35:: Mediation Directive
- Part 36:: Transitional Arrangements and Pilot Schemes
- Practice Direction 36A – Transitional Arrangements
- Practice Direction 36C – Pilot Scheme: Care and Supervision Proceedings and Other Proceedings Under Part 4 of the Children Act 1989
- [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
- [Part 37: Applications and Proceedings in relation to Contempt of Court
- [Practice Direction 37A – Applications and Proceedings in Relation to Contempt of Court
- [Part 38: Recognition and enforcement of protection measures
- [Practice Direction 38A – Recognition and Enforcement of Protection Measures
- [Part 39: Attachment of Earnings
- [Part 40: Charging Order, Stop Order, Stop Notice
- [Practice Direction 40A – Charging Orders, Stop Orders and Stop Notices
- Close sectionFostering Services (England) Regulations 2011
- Close sectionArrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011
- Part 1:: General
- Part 2:: Placements – general provisions
- Part: 3: Placements by a voluntary organisation with a foster parent
- Part 4:: Other Duties
- Part 5:: Reviews of children’s cases
- Part 6:: Miscellaneous
- Schedule 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 sectionAdoption and Children Act Register Regulations 2014
- Close sectionChildren’s Homes (England) Regulations 2015
- Part 1:: General
- Part 2:: Quality standards and related matters
- Part 3:: Registered persons
- Part 4:: Staffing
- Part 5:: Policies, records, complaints and notifications
- Part 6:: Monitoring and reviewing children’s homes
- 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
- Part 1:: The overriding objective
- Part 2:: Interpretation and general provisions
- Part 3:: Managing the case
- Part 4:: Hearings
- Part 5:: Court documents
- Part 6:: Service of documents
- Part 7:: Notifying P
- Part 9:: How to start and respond to proceedings, and parties to proceedings
- Part 10:: Applications within proceedings
- Part 11:: Deprivation of liberty
- Practice Direction 11A – Deprivation of liberty applications
- Part 12:: Human rights
- Part 13:: Jurisdiction, withdrawal of proceedings, participation and reconsideration
- Part 14:: Admissions, evidence and depositions
- Part 15:: Experts
- Part 16:: Disclosure
- Part 17:: Litigation friends and rule 1.2 representatives
- Part 18:: Change of solicitor
- Part 19:: Costs
- Part 20:: Appeals
- Part 21:: Applications and proceedings in relation to contempt of court
- Part 22:: Civil restraint orders
- Part 23:: International protection of adults
- Part 24:: Miscellaneous
- 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
- Schedule 1: Application and modification of the 2002 Act in respect of parental orders and applications for such orders
- Schedule 2: Application and modification of the 2007 Act in relation to parental orders and applications for such orders
- Schedule 3: Application and modification of the 1987 Order in respect of parental orders and applications for such orders
- Schedule 4: References to adoption etc in enactments to be read as references to effect of parental order etc
- Council Regulation (EC) No 1347/20001 of 29 May 2000
- Close sectionCouncil Regulation (EC) No 2201/2003 of 27 November 2003
- Chapter I:: Scope and Definitions
- Chapter II:: Jurisdiction
- Chapter III:: Recognition and Enforcement
- Chapter IV:: Cooperation Between Central Authorities in Matters of Parental Responsibility
- Chapter V:: Relations with Other Instruments
- Chapter VI:: Transitional Provisions
- Chapter 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 sectionIndex