The Single Family Court: A Practitioner's Handbook - Gillian Geddes, Richard Budworth

The Single Family Court: A Practitioner's Handbook

Buch | Softcover
592 Seiten
2017 | 2nd Revised edition
Wildy, Simmonds and Hill Publishing (Verlag)
978-0-85490-231-6 (ISBN)
73,55 inkl. MwSt
Following the recent overhaul of the family justice system and the resulting plethora of revised legislation, practice directions and guidance from the office of the President of the Family Division, an encapsulation of the essential points and features is vital for the busy family practitioner. The authors have drawn on their extensive knowledge of the family court system to focus on the key aspects of the recent and significant changes, enabling the practitioner to cope more easily in this rapidly changing legislative and procedural labyrinth.

This book contains the most frequently needed practice directions, protocols, precedents and relevant case law, as well as providing focussed guidance on a wide range of issues ranging from committal applications in family proceedings to the enforcement of foreign maintenance orders. This fully updated new edition provides a comprehensive and accessible handbook.

The Single Family Court:
•First comprehensive handbook since the recent overhaul of the family justice system;
•Provides selected guidance from experienced family practitioners;
•Offers a discerning selection of the recently revised practice directions, protocols and guidance applicable to the Single Family Court in a portable, affordable and user friendly way.

Gillian Geddes specialises in complex children’s cases and has been cited as a leader in her field in Chambers & Partners UK.  Gillian has written comprehensively in relation to family law and the family justice system.  She is Head of Chambers at Hind Court, a specialist family set.    Richard Budworth studied law at the City University in London and was called to the Bar in 1982. He specialises in a broad range of family law work including financial remedies, and is a contributory Editor to Emergency Remedies in the Family Courts.

1ESSENTIAL DAILY GUIDANCE FOR PROCEEDINGS CONCERNING CHILDREN
Alcohol testing and the Family Drug and Alcohol Court (FDAC)
Appeals
Children and Family Court Advisory and Support Service (CAFCASS)
Case management in family cases
Change of name
Children giving evidence
Circumcision
Committal
Communication of information: proceedings relating to children
Contact and contact centres
Costs in Children Act proceedings
Court etiquette
Domestic violence
Emergency protection orders (EPOs)
Enforcement of child arrangements orders
Experts
Fact-finding hearings
Hearings including parents with disabilities
Human Rights Act 1998 – European Convention on Human Rights,
Intermediaries
International child abduction
Joinder (of respondents)
Judicial recusal
Litigants in person
McKenzie Friends
National Referral Mechanism (NRM)
Official Solicitor
Out of hours hearings
Parental alienation
Parental responsibility
Public Law Outline – Extensions of the 26-week rule
Public Law Outline – Good practice in care proceedings
Public Law Outline – Court’s analysis of the final care plan
Removal (of children)
Reporting restriction orders
Re-registration of a birth and declaration as to parentage
Settlement conferences
Trafficking (human)
Transfer out of the jurisdiction
Vulnerable witnesses
Wardship
Welfare checklists

2FINANCIAL REMEDIES
The Money Arrangements Programme (MAP)
Nuptial agreements
Mediation
Procedure before first appointment
The first appointment
The FDR appointment
Final Hearing
Maintenance
Agreements to settle litigation
Disclosure
Pensions
Appeals
Costs

3THE PUBLIC LAW OUTLINE (PLO) AND THE CHILD ARRANGEMENTS PROGRAMME (CAP)
The Public Law Outline 2014 (PD12A)
Child Arrangements Programme (PD12B)

4ESSENTIAL PRACTICE GUIDANCE
President’s Guidance in Relation to Out of Hours Hearings
President’s Guidance: Family Court – Duration of Ex Parte(Without Notice) Orders
President’s Guidance of 10 November 2014: The International Child Abduction and Contact Unit (ICACU)
Practice Guidance: McKenzie Friends (Civil and Family Courts)
Advocacy Training Council Guidelines on Vulnerable People Giving Evidence
Practice Note: The Official Solicitor to the Senior Courts: Appointment in Family Proceedings and Proceedings under the Inherent Jurisdiction in Relation to Adults
Guidelines for Judges Meeting Children who are Subject to Family Proceedings, April 2010
Radicalisation Cases in the Family Courts
Transparency in the Family Courts: Publication of Judgments
Transparency in the Court of Protection: Publication of Judgments
Resolution Guidance Note: Disclosure in Financial Order Cases
Statement on the Efficient Conduct of Financial Remedy Hearings Allocated to a High Court Judge whether Sitting at the Royal Courts of Justice or Elsewhere
Resolution Guidance Note: Instructing Experts in Applications for a Financial Order

5ESSENTIAL PROTOCOLS
2013 Protocol and Good Practice Model: Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings, October 2013
Protocol on Communications between Judges of the Family Court and Immigration and Asylum Chambers of the First-Tier Tribunal and Upper Tribunal
Communicating with the Home Office in Family Proceedings
Revised Protocol for Referrals of Families to Supported Child Contact Centres by Judges and Magistrates
UK-Pakistan Judicial Protocol on Children Matters

6PRECEDENTS
Production Order (of Prisoner)
2013 Protocol and Good Practice Model: Disclosure of Information in Cases of Alleged Child Abuse and Linked Criminal and Care Directions Hearings: Disclosure Direction to Police
2013 Protocol and Good Practice Model: Disclosure of Information in Cases of Alleged Child Abuse and Linked Criminal and Care Directions Hearings: Linked Criminal and Care Directions
Case Management Orders for Family Courts and Immigration and Asylum Chambers of the First-Tier Tribunal and Upper Tribunal
Financial Remedy Directions Orders Omnibus – Longer Version

7FAMILY PROCEDURE RULES AND PRACTICE DIRECTIONS (ESSENTIAL SELECTIONS FROM PARTS AND PDs)
A – Parts
Part 1 – Overriding Objective
Part 2 – Application and Interpretation of the Rules
Part 3 – Non-Court Dispute Resolution
Part 4 – General Case Management Powers
Part 9 – Applications for a Financial Remedy
Part 12 – Proceedings Relating to Children Except Parental OrderProceedings and Proceedings for Applications in Adoption, Placement and Related Proceedings
Part 14 – Procedure for Applications in Adoption, Placement and Related Proceedings
Part 15 – Representation of Protected Parties
Part 16 – Representation of Children and Reports in Proceedings Involving Children
Part 17 – Statements of Truth
Part 20 – Interim Remedies and Security for Costs
Part 21 – Miscellaneous Rules about Disclosure and Inspection of Documents
Part 22 – Evidence
Part 30 – Appeals
Part 34 – Reciprocal Enforcement of Maintenance Orders
Part 37 – Applications and Proceedings in Relation to Contempt of Court
B – Practice Directions
Practice Direction 9A – Application for a Financial Remedy
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 12I – Applications for Reporting Restriction Orders
Practice Direction 12J – Child Arrangements and Contact Orders: Domestic Violence and Harm
Practice Direction 12K – Children Act 1989: Exclusion Requirement
Practice Direction 12O – Child: Arrival by Air
Practice Direction 12P – Removal from Jurisdiction: Issue of Passports
Practice Direction 14E – Communication of Information Relating to Proceedings
Practice Direction 14F – Disclosing Information to an Adopted Adult
Practice Direction 15A – Protected Parties
Practice Direction 15B – Adults Who May Be Protected Parties and Children Who May Become Protected Parties in Family Proceedings
Practice Direction 16A – Representation of Children
Practice Direction 17A – Statements of Truth
Practice Direction 21A – Disclosure and Inspection
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 27A – Family Proceedings: Court Bundles (Universal Practice to be Applied in the High Court and Family Court)
Practice Direction 30A – Appeals, Extracts
Practice Direction 34A – Reciprocal Enforcement of Maintenance Orders
Practice Direction: Committal for Contempt of Court – Open Court

Erscheinungsdatum
Vorwort The Rt. Hon Sir James Munby
Verlagsort London
Sprache englisch
Maße 152 x 229 mm
Gewicht 860 g
Themenwelt Recht / Steuern EU / Internationales Recht
Recht / Steuern Privatrecht / Bürgerliches Recht Familienrecht
Recht / Steuern Privatrecht / Bürgerliches Recht Zivilverfahrensrecht
ISBN-10 0-85490-231-7 / 0854902317
ISBN-13 978-0-85490-231-6 / 9780854902316
Zustand Neuware
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