Family Law Protocol

Law Society The

Description

This authoritative set of best practice guidelines has been comprehensively updated to cover all the changes since 2010 and includes two new chapters on forced marriage and alternative pathways to parenthood. Endorsed by the President of the Family Division, the Protocol is the standard by which members of the Law Society and Resolution are judged.The fourth edition of this indispensable book takes account of significant developments including:- the creation of the Family Court- new legislation on honour based violence, forced marriage and FGM- new procedures for non-court dispute resolution, such as arbitration and MIAMs- key changes to legal aid provision introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.Developed by the Law Society in association with Resolution and other leading organisations, interest groups and figures in the field, this is the essential text for family law practitioners.

Sujets

• Droit et juridique
• Inglaterra
• Family law
• Wales
• England

Informations

• Publié par: Law Society
• Date de parution: 08 décembre 2015
• Nombre de lectures: 0
• EAN13: 9781784460242
• Langue: English

Extrait

Family Law Protocol
Fourth Edition
Other titles available from Law Society Publishing:
Children and Families Act 2014
Noel Arnold
Family Law Arbitration
Dennis Sheridan
Good Practice in Child Care Cases (3rd edn)
The Law Society
Titles from Law Society Publishing can be ordered from all good bookshops or direct (telephone [phone], email [e-mail] or visit our online shop at www.lawsociety.org.uk/bookshop ).
Family Law Protocol
Fourth Edition
The Law Society
All rights reserved. No part of this publication may be reproduced in any material form, whether by photocopying, scanning, downloading onto computer or otherwise without the written permission of the Law Society except in accordance with the provisions of the Copyright, Designs and Patents Act 1988. Applications should be addressed in the first instance, in writing, to Law Society Publishing. Any unauthorised or restricted act in relation to this publication may result in civil proceedings and/or criminal prosecution.
Whilst all reasonable care has been taken in the preparation of this publication, neither the publisher nor the authors can accept any responsibility for any loss occasioned to any person acting or refraining from action as a result of relying upon its contents.
The views expressed in this publication should be taken as those of the authors only unless it is specifically indicated that the Law Society has given its endorsement.
© The Law Society 2015
Crown copyright material is reproduced with the permission of the Controller of Her Majesty’s Stationery Office
ISBN-13: 978-1-78446-025-9 (paperback)
ISBN-13: 978-1-78446-024-2 (EPUB)
First published in 2001
2nd edition 2005
3rd edition 2010
This fourth edition published in 2015 by the Law Society113 Chancery Lane, London WC2A 1PL
Typeset by Columns Design XML Ltd, ReadingPrinted by TJ International Ltd, Padstow, Cornwall
The paper used for the text pages of this book is FSC® certified. FSC (the Forest Stewardship Council®) is an international network to promote responsible management of the world’s forests.
Contents
Foreword
Preface and acknowledgements
Table of cases
Table of statutes
Table of statutory instruments
Table of international instruments
Abbreviations
1 Main protocol
1.1 Scope
1.2 Resolution Code of Practice
1.3 Guides to Good Practice
1.4 Solicitors Regulation Authority
1.5 Anti-money laundering
1.6 First meeting
1.7 Children and protected parties
1.8 Client care
1.9 Communication with the other party and legal advisers
1.10 Dealing with litigants in person and McKenzie friends
1.11 Giving notice of the issue of proceedings
2 Non-court dispute resolution
2.1 What is non-court dispute resolution?
2.2 Family mediation
2.3 Collaborative family law
2.4 Arbitration
2.5 Child-inclusive practice
2.6 Routes into NCDR
3 Domestic abuse and honour based violence
3.1 Before the issue of an injunction application
3.2 Service of notice
3.3 Injunction proceedings
3.4 Acting for the respondent
3.5 Other proceedings
3.6 Contact
3.7 After the hearing
3.8 Applications for enforcement
3.9 Procedure after breach
4 Children: private law
4.1 Scope and introduction
4.2 Parental responsibility
4.3 Protective measures and confidentiality
4.4 Abduction
4.5 Child contact centres
4.6 Mediation and collaborative law
4.7 Revised private law programme
4.8 Before issue of proceedings
4.9 Issue of proceedings and thereafter
4.10 After the conclusion of proceedings
4.11 Child support issues
4.12 Adoption and surrogacy
5 Children: public law
5.1 General
5.2 Key concepts
5.3 Duties of local authorities
5.4 Assessments
5.5 Care proceedings
5.6 Care plans
5.7 Court orders
5.8 Transparency and openness
5.9 Costs/funding
5.10 After the conclusion of proceedings
5.11 Transitional issues
5.12 Sources of information
6 Abduction
6.1 General
6.2 Type of offence
6.3 Statutory remedies
6.4 Mediation
7 Child support
7.1 Overview
7.2 Legislation
7.3 Schemes
7.4 Jurisdiction
7.5 Costs and legal aid
7.6 Departure and variations
7.7 Appeals
7.8 Complaints
7.9 Sources of information
8 Schedule 1 proceedings under the Children Act 1989
8.1 Scope
8.2 Jurisdiction of the Child Maintenance Service
8.3 Children Act 1989, Schedule 1, para.4(1) and (2)
8.4 Provision for housing, including settlement of property and the transfer of property
8.5 Lump sum order
8.6 Periodical payments/secured periodical payments
8.7 Interim orders/variation
8.8 Media and the Family Court
8.9 Non-court dispute resolution (NCDR)
8.10 Proceedings and agreements
8.11 Costs
8.12 International
8.13 Sources of information
9 Proceedings for dissolution, divorce, judicial separation or nullity
9.1 General
9.2 Before issuing proceedings
9.3 Petition
9.4 Statement of reconciliation
9.5 Service
9.6 Acting for the respondent
9.7 Application for decree nisi
9.8 Defended cases
9.9 Dismissal and transfer
9.10 Applying for decree absolute
10 Financial remedies
10.1 Overriding objective
10.2 Voluntary disclosure, negotiation and the pre-application
10.3 Financial application
10.4 Interim orders
10.5 Duty of disclosure
10.6 Privilege
10.7 Self-help
10.8 Expert evidence
10.9 First directions appointment
10.10 Financial Dispute Resolution Hearing
10.11 Preparation for the final hearing
10.12 Consent orders
10.13 Costs
10.14 Civil partnerships
11 Cohabitation
11.1 Scope
11.2 Advice at the commencement of or during cohabitation
11.3 Advice following relationship breakdown
11.4 Prior to issuing proceedings for financial matters
11.5 Issue and conduct of proceedings
11.6 Directions and case procedure
11.7 Claims under the Inheritance (Provision for Family and Dependants) Act 1975
11.8 Financial issues relating to children
11.9 Jurisdiction and in which court to commence proceedings
12 Forced marriage and female genital mutilation
12.1 Scope
12.2 Definition of a forced marriage
12.3 Criminalisation of forced marriages
12.4 Forced marriage protection orders (FMPOs)
12.5 Public funding provisions
12.6 Female genital mutilation (FGM)
13 Alternative pathways to parenthood
13.1 Scope
13.2 Domestic adoption
13.3 Fostering
13.4 Special guardianship
13.5 Step-parent adoptions
13.6 Inter-country adoption
13.7 Surrogacy
13.8 Parentage involving assisted reproduction
APPENDICES
A Useful guidance and online resources
B Useful contacts and websites
Index
Foreword to the fourth edition by the Right Honourable Sir James Munby
It is five years since the third edition of the Law Society’s Family Law Protocol was published and since then much has changed in the law and practice of family law. However, most of the fundamentals remain unaltered. Ten years ago, in the second edition, Sir Mark Potter said: ‘I commend the Protocol’s emphasis on attempting to achieve resolution by means of ADR and its insistence that court proceedings should be a last resort.’ Five years on, Sir Nicholas Wall said the same in the third edition. Another five years on, I repeat and fully endorse this requirement upon solicitors.
The Protocol distils the important elements of practice and procedure, and provides clear and helpful guidance to family practitioners. Adherence to Part 1 will assist them in achieving the ‘overriding objective’ to enable courts to deal with cases justly.
I commend this invaluable good practice guide to all who work within the field of family law.
James Munby
President of the Family Division
October 2015
Preface and acknowledgements
The publication of the first edition of the Family Law Protocol in 2002 broke new ground. It was a bold attempt to provide an overall view of good practice in family law matters. Although specifically referring to solicitors, it was designed to offer guidance to all family practitioners working in solicitors’ firms, whether legal executives, paralegals or clerks. It was pleasing to find that its publication was almost universally applauded. The number of endorsements received for it was impressive, and the lectures around the country that accompanied its launch were well received.
The Law Society updated the Protocol first in 2005 and subsequently in 2010, and since then a significant number of changes have taken place. It is also fair to note that despite the comprehensive nature of the previous three editions of the Protocol, it quickly became apparent that there are many areas of family law that were still not covered.
The redrafting of the Protocol has enabled many amendments to be made. Some are amendments arising out of experience. Others come from significant changes to the law that have been enacted, such as:
the creation and introduction of the Family Court;
key changes to legal aid provision in family matters, introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
new developments in non-court dispute resolution, such as arbitration and MIAMs;
new legislation on forced marriages, honour based violence and FGM;
the introduction of the Jackson reforms into cohabitation and trust of land proceedings; and
changes to private and public children law and adoption, brought about by the Children and Families Act 2014.
In addition, the fourth edition has been expanded to include new chapters on:
domestic abuse and honour based violence;
forced marriages and FGM; and
alternative pathways to parenthood.
The main Protocol in Part 1 has been amended, updated and is endorsed by the President of the Family Division. The Protocol is the standard by which members of the Law Society and Resolution are judged, and therefore is the standard to which legal aid practitioners are expected to practice. There may be reasons to depart from the Protocol, but the onus is on those wishing to depart to justify their