28. Child Abduction

This chapter focuses on the issue of parental child abduction, i.e. the removal of children by a parent to another country without the permission of the other parent or the permission of the court. It looks at jurisdiction, in which circumstances removal may be lawful, passports, and port alerts. It examines the phenomenon of parental child abduction; the national and international law assisting parents seeking the return of a child; and the law and procedure relevant to preventing child abduction. Hague and non-Hague convention countries are also discussed, as well as what can be done if a child is abducted to a non-Hague convention country.

18. Child Support

The Child Support Act 1991 introduced a mechanism to recover maintenance from absent parents for their children. It created the Child Support Agency (CSA) as the organization responsible for collecting child support maintenance. This chapter discusses the framework of child support; when a client may be required to pay child support; what a client can do if they do not receive child support; and the future of child support. It examines the CSA scheme, which commenced in 2003, and the Child Maintenance Service, which opened its doors on 29 July 2013. It also looks at the financial provisions under Schedule 1 of the Children Act 1989.

15. Variation, Collection, and Enforcement of Financial Orders

Gaining a financial order is sometimes not the end of proceedings. A disgruntled spouse or civil partner may refuse to comply with the terms of an order, even a consent order, and so a family law solicitor must be able to use enforcement mechanisms to enforce the court order. This chapter discusses the circumstances in which a financial order can be varied, including which orders are subject to variation and the applications for variation. It then goes on to discuss the collection of monies due under financial orders, and the enforcement of financial orders such as periodical payments and other orders.

6. Divorce

This chapter discusses the grounds for divorce under the Matrimonial Causes Act 1973. These include adultery, unreasonable behaviour, desertion, two years’ separation plus consent, and five years’ separation. It also outlines the first year bar on divorce and the ground for divorce being that the marriage has broken down irretrievably. The chapter explores each of the five possible facts that prove the ground for divorce and explains the relevance of continued cohabitation between the parties in relation to unreasonable behaviour and adultery. It also discusses continuous separation. Some discussion of the proposals for no-fault divorce is also included in this chapter.

5. Separation and Nullity

This chapter considers some parts of the law and procedure following the breakdown of a relationship. It discusses the remedy of separation as an alternative to divorce proceedings. It explains the term ‘separation’ and the two main statutes relating to these areas. The chapter also discusses the bars to petition and also examines nullity as a remedy, including void and voidable marriages and the different grounds for finding a marriage void or voidable. It looks at nullity and civil partnerships, as well as a remedy for escaping forced marriages and some statistics on forced marriages. Case law is also used.

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 outlines MIAMs (mediation information and assessment meetings) and their importance prior to issuing proceedings. It also discusses the various steps of collaborative law. It also briefly considers a recent development in family ADR: arbitration.

34. Protection under the Family Law Act 1996: Occupation Orders

The Family Law Act 1996 allows a court to make occupation orders to regulate the occupation of the family home. This chapter discusses the effect of occupation orders in that the general aim is to regulate the occupation of the family home. The tests for each order, duration, and which order to choose for the client are outlined under each section. What the court can order is also explained as well as ancillary orders and transfer of tenancies. A flowchart is provided in order to help work out which order to apply for, depending on the circumstances of the case.

33. Protection under the Family Law Act 1996: Non-Molestation Orders

This chapter discusses the following: the law regarding domestic abuse; practical issues arising from acting for clients facing domestic abuse; and the availability of remedies under the Family Law Act 1996. It also explains when funding may be available under legal aid for orders under the Family Law Act 1996. The concept of ‘associated persons’ is explained and the list of these is provided. Non-molestation orders under the Family Law Act 1996 are explained, as well as the test for a nonmolestation order, evidence, applications by children, and duration of an order. The remedies for clients escaping a forced marriage and criminal law remedies are discussed.

30. Emergency Protection of Children

When a child is in imminent need of protection, the order used to protect the child is an emergency protection order (EPO) under s44 of the Children Act 1989. This chapter discusses the use of emergency protection orders in public law for children and examines the factors a court will consider when asked to make an emergency order. It looks at contact when an EPO is in place, duration and discharge of an application, and procedure. Case-law is used to provide guidance. It also looks at the powers available to the police when faced with a child in need of protection.

29. Children in Local Authority Care

This chapter examines the role of local authorities in protecting the child from harm and the orders available under the Children Act 1989, which are used in cases of alleged harm to children. It explains the nature of public child law proceedings and goes into detail to discuss the definition of the ‘threshold criteria’—the standard that the court uses to decide whether an order should be made. It also discusses the investigations which can be carried out by the local authority in relation to a child and parental contact with children in care, and compares a care order and a supervision order.