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Bromley's Family Law

Bromley's Family Law (12th edn)

Nigel Lowe, Gillian Douglas, Emma Hitchings, and Rachel Taylor
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date: 04 December 2023

16. Private Law Proceedings Concerning Childrenlocked

16. Private Law Proceedings Concerning Childrenlocked

  • N V Lowe, N V LoweEmeritus Professor of Law at Cardiff University
  • G Douglas, G DouglasProfessor of Law at King’s College London
  • E HitchingsE HitchingsProfessor in Family Law at University of Bristol
  •  and R TaylorR TaylorAssociate Professor of Law at University of Oxford and Fellow in Law at Exeter College, Oxford


This chapter considers the courts’ powers under Part II of the Children Act 1989 to resolve family disputes concerning the upbringing of children. These disputes, commonly labelled ‘private law disputes’, are normally between the parents following divorce or separation but can involve other family members. It first discusses the original scheme of Part II; changes made by the Children and Adoption Act 2006; and changes made by the Children and Families Act 2014. It then considers section 8 orders; family assistance orders; and section 37 directions.

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