36. Protection under the Family Law Act 1996: Procedure

This chapter discusses the procedure for obtaining orders under the Family Law Act 1996 without notice, on notice, and when enforcing orders. Proceedings are commenced using a Form FL401 and a statement in support. Proceedings can be commenced in either the county court or family proceedings court. Funding is available for those eligible for CLS funding. The respondent should be personally served with the FL401 and the statement in support unless the application is to be made without notice. Police should be contacted if a non-molestation order is breached and if an occupation order has a power of arrest attached to it.

32. Child Protection Conferences

A local authority’s investigation into a child’s health and development includes a case conference so that information about the child can be shared by those involved with the child and family. This chapter discusses the function of a child protection conference in public children law and the role of a solicitor in the conference.

26. Private Children Law

Private children law concerns disputes between family members about children. It deals with whom a child shall live, with whom they should have contact, and what steps a parent can take in their exercise of parental responsibility. The Children Act 1989 has orders that the court can make to help to resolve these disputes. This chapter examines the orders available in private children proceedings, who can apply for them, and the individual considerations of each order. These include residence orders, contact orders, specific issuer orders, prohibited steps orders, and special guardianship orders.

3. Alternative Dispute Resolution in Family Law

This chapter first discusses the methods by which a family lawyer may resolve family law disputes, including Alternative Dispute Resolution (ADR). It then reviews the various forms of negotiation that a family lawyer may undertake. These include settlement between clients, negotiation through correspondence, meeting between counsel, and at-court negotiation. Next, the chapter discusses mediation and collaborative law as different forms of ADR used in family law. It also briefly considers a recent development in family ADR: arbitration.

2. Funding

This chapter discusses the changes made to public funding in family cases; the availability of public funding for family law proceedings; the levels of funding available to the client; the tests to determine whether a client is eligible for public funding; and the recovery of public funding through the statutory charge.

31. Public Children Procedure

This chapter examines the procedural issues involved in public children law proceedings. It discusses the representation of the child; steps to be taken before proceedings; the issue of proceedings; the first appointment; the case management hearing and advocates’ meeting; the issue resolution hearing; and the final hearing.

24. Introduction to the Children Act 1989

This chapter examines the Children Act 1989 (CA 1989) and the main principles upon which Children Act proceedings are conducted. It discusses the content of the ‘welfare principle’ and the ‘welfare checklist’ under CA 1989, and explains the principles of ‘no order’ and ‘no delay’.

22. Cohabitation

Cohabitating relationships are not covered by the same coherent body of law available to married couples or civil partners. Many cohabitants mistakenly believe that they acquire legal rights after a number of years of cohabiting, but this is incorrect. Many clients are shocked to find they have few legal remedies and those available are far from straightforward. This chapter begins with a comparison of marriage, civil partnership, and cohabitation. It then discusses the law on cohabitation contracts and future developments on cohabitation.

14. Procedure for Financial Orders

This chapter discusses the procedure for financial orders, which includes the first appointment, financial dispute resolution hearing, and the final hearing. It covers funding options available to clients seeking financial orders, the protection of assets forming part of proceedings for financial orders, the pre-action protocol, and the role of consent orders in proceedings for financial orders.

12. Financial Orders

This chapter discusses the principal forms of financial orders under the Matrimonial Causes Act 1973, their scope, and how they are used. These include lump sum orders, property adjustment orders, orders concerning the family home, periodical payments orders, and interim orders.