Index
| Author | Gillian Geddes/Richard Budworth |
| Pages | 557-569 |
References are to page numbers.
Adoption
adopted adult, disclosure of information to 483
proceedings, procedure for applications in 371–379
Alcohol testing
case law 2, 3
Family Drug and Alcohol Court 2–3 sequential testing, importance 3 types of test 1–2
Ancillary relief award
agreement to settle litigation 80–81
Appeal
allowed, where 4
case law 4
Court of Appeal, assignment to 396 court’s powers 394–395
evidence at hearing 4
expert, against refusal to allow use of
20
Family Procedure Rules 390–396 final, reopening 396
financial remedy
appeal notice, service and contents 87 consent order, setting aside see
Consent order (setting aside) court’s powers 87
exercise of court’s discretion, examples 87–88
generally 86
notice of appeal, grounds in 87 permission to appeal 87
time for appealing 87–88 generally 3–4
grounds, notice to include 394
hearing of 395
High Court, to 3
legislation, relevant 3
limit on nature of 4
notice of
meaning 390
amendment 394
consideration 3
Family Procedure Rules 392–393 filing, variation of time for 394 respondent’s required actions 4 striking out, etc 394
number allowed 4
permission for
application for 4
case law 4
Family Procedure Rules 391–392 need for 3
refusal 3, 4
threshold for grant of 3–4 Practice Direction 519–537 respondent’s notice 393
stay of proceedings 394
Arrest
exclusion requirement, power attached to 475
Arrival by air
Practice Direction 476
Birth
re-registration, 48–49
Bundle see Court bundle
CAFCASS establishment 5
558 The Single Family Court: A Practitioner’s Handbook
CAFCASS (continued) nature of 5
risk assessments by 5 role 5
website 5
Care plan
final see Final care plan
Care proceedings
good practice
case law 43–44
Family Procedure Rules 43 guidance 43
pre-proceedings checklist 93–94 stages see under Public law outline Case management
children’s guardian, termination of appointment 9
collaborative approach, need for 7 court bundles see Court bundle court’s discretion 6 cross-examination by unfunded party
7
damages claim in public law proceedings 7
disclosure of unhelpful material 7–8 guidance from President 5 inquisitorial role of judge 6
judicial approach, case law on 6–7 length of case see Time limit (cases) liaison with embassies and high commissions 8
limits 6
new regime 5–7
non-disclosure of proceedings to automatic party 8
non-English speaking witness, evidence from 9
Order for Family Courts and
Immigration and Asylum Chambers of the First-Tier Tribunal and Upper Tribunal 254–257
Part 25 application 9
powers, Family Procedure Rules as to
312–313
public interest immunity 9 re-hearing 9
special guardianship order 9
time limits compliance with 6 extension 6
Change of name
child arrangement order in place, whether 10
child in care, where 10
dispute as to 10
welfare of child, importance of 10 Child
arriving by air, person seeking return of
476
protected party, becoming 487–491 representation of 491–496
Child abduction see International child abduction
Child arrangement order
enforcement 19
Practice Direction in case of domestic violence 465–474
Child Arrangements Programme generally 101–118
Children’s guardian
Practice Direction 491–496 termination of appointment 9 Circumcision
case law 12
child in care 12
females see Female genital mutilation males, 12
mixed cultural background, child with
12
Committal
breach of court order, for 14 case law 14
contempt of court, for see under
Contempt of court
exclusion requirement, power of arrest attached to 475
generally 13–14
legal assistance, etc 14
penal notice for application 14–15 Practice Direction 13–14
Practice Guidance 14
procedure at application for 14 public application for 14 representation, etc 14
Communication of information children, proceedings as to 15 Practice Direction 457–462 proceedings, as to 478–482 Protocol see Protocol
(communications)
Confidentiality see under Disclosure Consent order
financial dispute resolution appointment, at 69
setting aside
fraud, for 88
generally 88
grounds for 88 misrepresentation, for 88 non-disclosure, for 88 supervening events, for 88–89 Contact
child in care, with
case law 15
generally 15
statutory provisions 15 supervised 16
supported 16
contact centres
provision of 15
Supported Child Contact Centres, referral of families to 239–242 order, Practice Direction in case of domestic violence 465–474 Contempt of court
applications and proceedings as to
421–425 committal for
Practice Direction as to 553–556 private, hearing in 555
public, hearing in 553–554
Costs
adverse costs order, for failure to engage in mediation 63 Children Act proceedings, in 16 financial remedy proceedings
court agreeing to, but declining to make order 91
detailed forms, introduction of 90 each party bearing own costs, whether 90–91
factors for court’s consideration
91
failure to comply with rules and orders 91
first appointment, matters for consideration at 90
general approach 90–91 indemnity basis of assessment 90 intention to seek order, open approach to 90
litigation misconduct, in case of 91 normal order as to 90
open offers, consideration of 91 President’s Practice Direction, compliance with 90
reasonable offer to settle, other party ignoring 91
rules as to 89–90
standard basis of assessment 90 statement of costs, need to file 90 unreasonable allegations, party pursuing 91
‘without prejudice’ offers, inadmissibility 91
security for 386–388
Court bundle
contents 512–513
first appointment, lodging prior to
66–67
High Court and Family Court, practice to be applied in 511–518 Practice Direction 7, 511–518 shortening 7
timetable for preparation and lodging
514
treatment of 7
Court etiquette
modes of address 17
robes, wearing of 17
sitting or standing 17 Cross-examination
vulnerable witness, of, by unfunded party 23–25
Disclosure
adopted adult, to 483
adverse inferences from failure of 81
560 The Single Family Court: A Practitioner’s Handbook
Disclosure (continued)
alleged child abuse and linked criminal and care directions hearings 219– 231
confidentiality, and
confidential documents 83–84 documents accidentally sent to other lawyer 84
inadmissibility of document 84 intercepting of mail 85
married persons 84
means of protecting 84
partners, between 84 questionnaire, following service of
85
solicitor and client 81
telephone tapping 85
duty, extent of 81
Family Procedure Rules 81, 388–389 full and frank, duty of 82
generally 81–82
matters for 81, 82
open exchange of information, and 85 OS/DS hearings 82
post-Tchenguiz & ors v Imerman 85 Practice Direction 502–503
practice...
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