Contents
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PART 1 : UNDERSTANDING THE SYSTEM
1. Getting The Most Out Of This Book 1.1 Introduction 1.2 How this book is put together 2. Family Breakdown - Do we have to sort things out through the court? 2.1 So much to think about and sort out! 2.2 Sorting out finances and benefits 2.3 Domestic violence or abuse 2.4 Will I need to go to court? 3. The Family Court 3.1 Types of courts 3.2 CAFCASS 4. Lawyers, Legal advice, Representation & Support 4.1 Introduction 4.2 Solicitors 4.3 Barristers 4.4 Public access barristers 4.5 Legal Executives 4.6 Regulation & complaints 4.7 Finding a lawyer 4.8 Choosing a lawyer 4.9 Paying for a lawyer 4.10 Cases where you really ought to get legal advice 4.11 Can I get legal aid? How do I go about it? 4.12 Domestic violence injunctions 4.13 Cases about children or money 4.14 Domestic abuse 4.14 Types of evidence 4.15 Child Protection 4.16 Paying for help from non-lawyers 4.17 Types of evidence 4.18 What if allegations are made against me? 4.19 Child abduction 4.20 Exceptional legal aid 4.21 Paying court fees 4.22 Free legal advice - Law Centres 4.23 Free generalist advice 4.24 Free legal advice - pro bono 4.25 Helplines 4.26 Non-legal support and assistance - McKenzie friends 4.27 Paying for help from non-lawyers 4.28 Mediation providers 5. Law 5.1 Introduction 5.2 Inherent Jurisdiction 5.3 Relevant Statutes 5.4 Summary of the Acts 5.5 Court Rules 6. Reality check - your case in context 6.1 Introduction 6.2 Family Procedure Rules 6.3 Popular myths 6.4 Common law man and wife 6.5 Millionaire divorcees 6.6 The ostrich approach 6.7 Earning or paying for a right to contact 6.8 Right to contact with children 6.9 Innocent until proven guilty – interim protection 6.10 Prosecution for perjury or suing for defamation PART 2: PUTTING IT INTO PRACTICE 7. What to expect at court 7.1 Introduction 7.2 Preparing yourself 7.3 Court building 7.4 Before the hearing 7.5 The court room 7.6 The hearing itself 7.7 When might the Judge hear evidence? 8. General procedure 8.1 Introduction 8.2 The overriding objective 8.3 Before making an application - considering mediation 8.4 Making an application 8.5 Swearing documents 8.6 Service of application 8.7 If the Court thinks the application or response is hopeless 8.8 Serving and receiving documents during the case 8.9 Communicating with the other party 8.10 Applications – Part 18 & Part 19 8.11 What if one of the parties doesn't do something they should have? 8.12 What if one of the parties wasn't at court for a hearing when the order was made? 8.13 Witness statements and evidence 8.14 Bundles 8.15 Experts 9. Evidence 9.1 Introduction 9.2 Written and oral evidence 9.3 Audio or video recordings 9.4 Text messages and voicemail 9.5 Facebook 9.6 Reports 9.7 Lie detectors 9.8 News articles (print or internet) 9.9 Letters and children's evidence 9.10 Challenging evidence 9.11 Do I have to answer that? Self-incrimination 10. Managing and running your case 10.1 Legal Research 10.2 Resources 10.3 Managing your paperwork 10.4 Preparing for a hearing where the court is going to hear evidence 10.5 Cross examination 10.6 Cross-examining professional witnesses 10.7 Your own evidence 10.8 Submissions 11. Privacy and the media in family cases 11.1 Introduction 11.2 Who can come into court? 11.3 Who can see the papers? 11.4 Who can be told what is in the papers or what evidence has been given? 11.5 What counts as "publishing"? 11.6 What happens if someone publishes or discloses information that they shouldn't have? 11.7 Will the court make exceptions about what information can be published or passed on? PART 3: DIVORCE, SEPARATION & FINANCES 12. The law on ending a marriage or civil partnership & financial matters 12.1 Introduction 12.2 Divorce 12.3 Civil Partnership 12.4 A word about terminology 12.5 Financial Remedies and Financial Orders (Ancillary Relief) 12.6 Orders the Court can't make 12.7 How the Court makes decisions 13. Getting divorced or dissolving your civil partnership 13.1 Introduction 13.2 Making an application to the Court 13.3 Grounds 13.4 Unreasonable behaviour 13.5 Responding to an application 13.6 Next steps 13.7 Undefended applications 13.8 Defended applications 13.9 Statement of Arrangements for children 13.10 Final Matrimonial Orders 13.11 Reasons to rush 13.12 Reasons to delay 13.13 Can I change back to my maiden name? 14. Finances for divorcing couples or civil partners 14.1 Introduction 14.2 Sorting out the finances by agreement 14.3 Starting financial proceedings 14.4 Before the First Directions Appointment 14.5 Disclosure and Form E 14.6 Questionnaires 14.7 Other useful information 14.8 At the First Directions Appointment (FDA) 14.9 Financial Dispute Resolution Hearing (FDR) 14.10 Trial 14.11 Equality - why can't I just have half? 14.12 A word about splitting the contents of your home 14.13 Dealing with non-disclosure 14.14 Private detective? 14.15 Common practical solutions 14.16 We had an agreement - now my ex doesn't want to stick to it 15. Finances for separating cohabitees 15.1 Introduction 15.2 Tenants 15.3 Owner occupiers 15.4 Disputes about ownership of property - ToLATA 15.5 Both names on the property 15.6 Written agreement 15.7 Name not on title and no written agreement 15.8 Schedule 1 Children Act 1989 15.9 Splitting the possessions PART 4: CHILDREN 16. The law relating to children 16.1 Introduction 16.2 The structure of the Children Act 1989 16.3 Orders under the Children Act 16.4 Other relevant parts of the Children Act 16.5 The law on taking children abroad or away from their home 17. Cases relating to children 17.1 Private law Orders 17.2 Basic procedure 17.3 Other things you need to know about court procedure 17.4 Parental Responsibility 17.5 Some important legal points about Parental Responsibility 17.6 Parental Responsibility for same sex partners, step parents or other people who children may live with 17.7 Specific Issue Orders and Prohibited Steps Orders 17.8 Residence and Contact Orders 17.9 How cases about contact and residence progress 17.10 Allegations of domestic violence 17.11 Welfare stage 17.12 What happens if there are admissions or findings? 17.13 Contact 17.14 Residence 17.15 Shared residence 17.16 The involvement of professionals – CAFCASS & welfare reports 17.17 Other experts and assessments 17.18 Childrens' Guardians 17.19 Family Assistance Order 17.20 How the welfare checklist works in practice 17.21 Contact activities 17.22 Other applications 18. Moving or going abroad with children & child abduction 18.1 Moving around the country 18.2 Children taken or moved to unknown addresses 18.3 Child abduction 18.4 Removal from the jurisdiction - temporary 18.5 Thinking about agreeing to your children going abroad 18.6 Removal from the jurisdiction – permanent 19. When things go wrong - Enforcing & changing contact orders 19.1 Introduction 19.2 Variation applications 19.3 Enforcement generally 19.4 Undertakings 19.5 Criminal standard 19.6 Enforcement Orders 19.7 Committal for breach of Contact or Enforcement Order 19.8 Residence 20. Children cases for non-Parents 20.1 Introduction 20.2 Care proceedings 20.3 Contact 20.4 Residence Orders 20.5 Special Guardianship 20.6 Fostering 20.7 Intervenors – non-accidental injury PART 5: DOMESTIC VIOLENCE & ABUSE 21. The law relating to domestic violence & abuse 21.1 Introduction 21.2 Non-Molestation Orders 21.3 Breach of Non-Molestation Orders 21.4 Undertakings 21.5 Occupation Orders 21.6 Breach of Occupation Orders 21.7 Other powers under the Family Law Act 1996 22. Cases involving domestic violence & abuse 22.1 Introduction 22.2 Non-Molestation and Occupation Orders 22.3 Making an application for a Non-Molestation or Occupation Order 22.4 What happens if an order is broken? 22.5 Undertakings 22.6 Pros and cons of undertakings 22.7 Directions the Court will often make 22.8 Fact finding in children proceedings PART 6: AFTER JUDGMENT 23. Enforcement 23.1 Introduction 23.2 Court orders 23.3 Committal applications (including fine) 23.4 Committal on arrest 23.5 Judgment Summons 23.6 Civil debt remedies 23.7 Liberty to apply 23.8 Bankruptcy 24. Costs 24.1 Introduction 24.2 Costs orders 24.3 Other types of costs orders 24.4 Enforcing costs orders 25. Challenging decisions 25.1 Introduction 25.2 Getting a new Judge 25.3 Appeals 25.4 Rules for appeals 25.5 Permission 25.6 Where to appeal 25.7 Set aside 25.8 Second appeals 25.9 Complaints against professionals 26. Postscript – Proposed Reforms and Changes PART 7: TOOLKIT & RESOURCES
Forms, Templates & Useful Documents
Key law & Guidance
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