Contents
Contents Foreword to the 4th Edition by Rt Hon Sir Andrew McFarlane Advocate www.nofamilylawyer.co.uk Introduction 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 abuse 2.4 Will I need to go to court? 3. Family Courts 3.1 Types of courts 3.2 CAFCASS 4. Lawyers, Legal Advice, Representation & Support 4.1 Introduction 4.2 Cases where you really ought to get legal advice 4.3 Solicitors 4.4 Barristers 4.5 Direct access barristers 4.6 Legal Executives 4.7 Regulation & complaints 4.8 Finding a lawyer 4.9 Choosing a lawyer 4.10 Paying for a lawyer 4.11 Can I get legal aid? How do I go about it? 4.12 Paying court fees 4.13 Free legal advice – Law Centres 4.14 Free generalist advice 4.15 Free legal advice – ‘pro bono’ 4.16 Helplines 4.17 Non-legal support and assistance – McKenzie friends 4.18 Paying for help from non-lawyers 4.19 Mediation and arbitration providers 4.20 Other sorts of advice 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? 7.8 Remote hearings 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 an 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 person 8.10 Communicating with the court 8.11 Applications – Part 18 & Part 19 8.12 What if one of the parties doesn’t do something they should have? 8.13 What if one of the parties wasn’t at court for a hearing when the order was made? 8.14 If you can’t attend a hearing – adjournments 8.15 Witness statements and evidence 8.16 Bundles 8.17 Experts 8.18 Participation Directions (Special Measures) for vulnerable parties 8.19 Can I see the court file or get a copy of the recording of the hearing or judgment? 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 Digital working 10.5 Preparing for a hearing where the court is going to hear evidence 10.6 Cross examination 10.7 Cross examining professional witnesses 10.8 Your own evidence 10.9 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? 11.8 Will the Judge publish her judgment? 11.9 Appeals 11.10 Possible future changes 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 Ending a same sex marriage 12.4 Civil partnership 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, Dissolving Or Converting Your Civil Partnership 13.1 Introduction 13.2 Conversion from civil partnership to marriage 13.3 Ending your marriage or civil partnership by divorce or dissolution 13.4 Other scenarios 14. Finances For Divorcing Couples Or Civil Partners 14.1 Introduction 14.2 Sorting out the finances by agreement 14.3 Starting financial remedy proceedings 14.4 Disclosure, Form E and ‘full and frank disclosure’ 14.5 Legal services orders and interim maintenance 14.6 Disposal of assets 14.7 Other paperwork to sort out before the First Directions Appointment (FDA) 14.8 Questionnaires 14.9 Other useful information 14.10 At the First Directions Appointment (FDA) 14.11 Financial Dispute Resolution Hearing (FDR) 14.12 Private FDR 14.13 Final Hearing (The Trial) 14.14 Equality – why can’t I just have half? 14.15 A word about splitting the contents of your home 14.16 Dealing with non-disclosure 14.17 Pensions 14.18 Private detective? 14.19 Maintenance 14.20 Common practical solutions 14.21 We had an agreement – now my ex doesn’t want to stick to it (or now I don’t want to stick to it!) 14.22 Bankruptcy 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 Jurisdiction (or: can the court make an order?) 16.3 Who can apply for orders? 16.4 The structure of the Children Act 1989 16.5 The presumption of parental involvement 16.6 Orders under The Children Act 16.7 Changing terminology 16.8 Orders social services might ask for (public law orders) 16.9 Other relevant parts of the Children Act 16.10 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 - Child Arrangements Programme 17.3 Pilots running at the time of publication 17.4 Other things you need to know about court procedure 17.5 Parental responsibility 17.6 Some important legal points about parental responsibility 17.7 Specific issue orders and prohibited steps orders 17.8 Child arrangements orders 17.9 Allegations of domestic abuse 17.10 Welfare stage 17.11 What happens if there are admissions or findings? 17.12 Contact 17.13 Arrangements for where the children should live (AKA ‘residence’) – and parental alienation allegations 17.14 Shared care and labels 17.15 The involvement of professionals 17.16 How the welfare checklist works in practice 17.17 Change of name 17.18 Barring orders 18.International Issues, Relocation & Abduction 18.1 Jurisdiction (or: can the court make an order?) (Children) 18.2 What is Habitual Residence? 18.3 Enforcement of contact orders between signatories to the Hague Convention 18.4 Jurisdiction within the UK (Children) 18.5 Moving around the country 18.6 Children taken or moved to unknown addresses 18.7 Child abduction 18.8 Removal from the jurisdiction – temporary 18.9 Thinking about agreeing to your children going abroad 18.10 Removal from the jurisdiction – permanent 18.11 Divorce and financial cases with a foreign element 19. When Things Go Wrong – Enforcing & Changing Child Arrangements 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 a child arrangements or enforcement order 19.8 Child not returned home 20.Special Cases – People Other Than Parents, Kinship Care & Assisted Reproduction 20.1 Introduction 20.2 Care proceedings 20.3 Contact 20.4 Child arrangements orders – living arrangements 20.5 Special guardianship 20.6 Fostering 20.7 Intervenors – non-accidental injury 20.8 Assisted reproduction 20.9 Intervening in financial proceedings between spouses or civil partners PART 5: DOMESTIC ABUSE 21.The Law Relating To Domestic Abuse 21.1 Introduction 21.2 The Domestic Abuse Act 2021 21.3 Non-molestation orders 21.4 Breach of non-molestation orders 21.5 Undertakings 21.6 Occupation orders 21.7 Breach of occupation orders 21.8 Other powers under the Family Law Act 1996 21.9 Other sorts of protective orders 22. Cases Involving Domestic Abuse 22.1 Introduction 22.2 When domestic abuse is relevant in the family court 22.3 The Harm Report and the approach to domestic abuse 22.4 Vulnerability and participation directions (AKA special measures) 22.5 Prohibition on cross examination 22.6 Fact-finding in children proceedings 22.7 Non-molestation and occupation orders 22.8 Making an application for a non-molestation or occupation order 22.9 Responding to an application 22.10 Directions the court will often make 22.11 What happens if an order is broken? 22.12 Undertakings 22.13 Pros and cons of undertakings 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 Second appeals 25.8 Responding to an appeal 25.9 Set aside 25.10 Complaints against professionals 26. Postscript – The Future PART 7: TOOLKIT & RESOURCES Key To Abbreviations & Symbols Jargon Buster Online Resources Table of Cases Forms, Templates & Useful Documents Key Law & Guidance Index |
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