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Cover Family Law

10. Private Law Decisions about Children  

Parents and caregivers are constantly making decisions about the upbringing of children in their care. This chapter looks at how courts go about doing what is best for the child or children in question in any given case. It considers examples of case work and common types of application that come before the court. In particular, it looks at applications about where a child should live and when they should spend time with a non-resident parent. The chapter ends by looking at cases involving relocation across jurisdictions and child abduction.

Chapter

Cover Family Law

12. Child Protection: Care, Supervision, and Adoption  

This chapter looks at what happens in issues of child protection when compulsory intervention in the form of care or supervision applications is needed. It considers the legal tests, the processes, and the practicalities involved in proceedings and decisions about what should happen after intervention. For intervention to take place, the local authority must satisfy the court that the child in question is suffering or likely to suffer significant harm attributable to their care or to them being beyond parental control. As far as the court is concerned, the best interests of the child are paramount. The court has to consider all realistic options for the child's future.

Chapter

Cover Family Law

4. Financial Provision on Divorce  

One of the main issues that the parties need to consider when a marriage or civil partnership ends is the financial consequences of the divorce, dissolution, or judicial separation. Amongst other things, they need to consider where they are going to live and what money they need to live on in the future. Their current assets will need to be evaluated and divided accordingly. The parties do not always agree on how to do this. Whatever they decide, the court has to approve of the decision. The chapter looks at the courts' powers, the legal principles they apply, the practical implications, and the problems that may arise in financial remedy practice. A number of different scenarios are used to help with this analysis.

Chapter

Cover Family Law

14. Family Law in Practice  

George Patrick Nicholls

This chapter discusses the challenges of practising family law and the reforms enacted to address the crisis in the family justice system since the beginning of the twenty-first century. These reforms included the streamlining of the family courts into one unified single Family Court, the considerable reduction in available funding, and the introduction of protocols before issuing court proceedings. This chapter examines the Family Procedure Rules and the Family Law Protocol and what is required to comply with them. Legal aid, and the types of cases now eligible for it after the reforms and the legal aid statutory charge are discussed. It then considers the subsequent increase and consequences in the numbers of litigants in person and McKenzie Friends, examines the different types of non court dispute resolution, particularly mediation, and looks at the effects of Covid-19 on the judiciary and court staff.

Chapter

Cover Family Law

1. Introduction to Family Law  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases, and challenges facing the family justice system.

Chapter

Cover Family Law

5. Financial Provision for Children  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which discusses financial provision for children who live apart from one or both parents, whether in a single-parent family, step-family, or with other carers, begins with a brief history of financial provision for children. It then discusses the current law on child support; court-based provision; ‘family-based arrangements’ and other private ordering; and policy questions relating to the financial support of children.

Chapter

Cover Family Law

1. Introduction to Family Law  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases, and challenges facing the family justice system.

Chapter

Cover Family Law

5. Financial Provision for Children  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter—which discusses financial provision for children who live apart from one or both parents, whether in a single-parent family, step-family, or with other carers—begins with a brief history of financial provision for children. It then discusses the current law on child support; court-based provision; ‘family-based arrangements’ and other private ordering; and policy questions relating to the financial support of children.

Chapter

Cover Hayes & Williams' Family Law

4. Financial remedies on divorce and dissolution  

This chapter examines the legal framework which determines the distribution of money and property between spouses or civil partners on divorce or dissolution. The chapter considers the background to the current law before providing an in-depth analysis of the relevant legislative framework under the MCA 1973 and important case law guiding the courts’ exercise of discretion, including in respect of pensions and the matrimonial home. The chapter also considers the enforceability of, and weight given to, separation agreements and pre-nuptial agreements.

Chapter

Cover Bromley's Family Law

20. The High Court’s Inherent Powers in Respect of Children  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter discusses the High Court’s inherent powers in respect of children. The development of these powers, principally under the aegis of the wardship jurisdiction, was highly influential in the modern development of law and practice concerning children, and the Children Act 1989 incorporates many of its features. In detail, the chapter first considers the High Court’s exercise of inherent jurisdiction; the court’s powers; local authority use of the jurisdiction; and private law use of the jurisdiction. It then does the same for wardship.

Chapter

Cover Bromley's Family Law

18. Care and Supervision  

N V Lowe, G Douglas, E Hitchings, and R Taylor

The Children Act 1989 places considerable importance on local authorities working in partnership with families and the avoidance wherever possible of court proceedings. However, the Act also makes provision, in the form of care and supervision orders, for compulsory measures to be taken to safeguard and promote children’s welfare. This chapter focuses on care and supervision orders. It covers the initiation of proceedings; the threshold criteria, which refers to conditions set out by s 31(2) that must be satisfied before a care or supervision order may be made; the ‘welfare stage’, where the court must, pursuant to s 1(1), regard the welfare of the child as the paramount consideration; tackling delay in care proceedings; court orders; appeals; and discharge of care orders and discharge and variation of supervision orders. The chapter ends by discussing the position of children in local authority care, focusing on the critical issue of contact with children in care.

Chapter

Cover Family Law Concentrate

9. International parent–child abduction  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on child abduction whereby a parent takes a child out of England and Wales. It looks at two forms of parent–child abduction—removal without consent, and retention once consent has expired—and considers methods of preventing child abduction, including port alerts and court orders. The chapter also discusses the role of the International Child Abduction and Contact Unit (ICACU) in the recovery of an abducted child under the Child Abduction and Custody Act 1985, as long as the child is in a country that is signatory to the Hague Convention 1980, Hague Convention 1996, or European Convention. It concludes by considering extradition of the guilty parent to England and Wales.

Chapter

Cover Hayes & Williams' Family Law

Private law disputes and issues in children cases  

This examines how the courts deal with private law issues or disputes relating to children’s upbringing, such as post-separation residence or contact disputes, or other specific issues, including international child abduction. It begins by setting out some general principles for deciding children cases which are contained in section 1 of the Children Act 1989, and procedural matters relating to such cases.