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Emergency Remedies in the Family Court Set
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Product description
Why should you subscribe to Emergency Remedies in the Family Courts
Recognised as the standard reference work on the subject, Emergency Remedies in the Family Courts gives practical guidance on how all emergency applications should be made.
For any family law crisis, Emergency Remedies in the Family Courts:
* Identifies the appropriate remedy
* Explains in step-by-step detail the requisite procedure
* Provides model applications and pleadings
* Clarifies the underlying law
Written and edited by an unrivalled team of experts, definitive advice is provided on all aspects of the law, together with guidance on over 70 urgent applications, including:
* Application for non-molestation and/or occupation order under Family Law Act 1996, Part IV
* Application for a freezing injunction, search orders and writ ne exeat regno
* Authority to place a child in secure accommodation
* Application for an emergency protection order
* Application for authority under the inherent jurisdiction
* Application for warrant of arrest under Family Law Act 1996, Pt IV, s 47(8)
* Application for forced marriage protection orders
* Application for judicial review
* Urgent appeal against an order by magistrates for transfer of residence of a child
* Application to extend or restrict publicity
* Application in respect of mentally ill persons
* Applications concerning domestic and international child abduction
* The impact of the Hague Convention 1996 on the Protection of Children
* Applications under TOLATA and MFP Act 1984 Part III
* General introduction on procedure under the FPR 2010
Emergency Remedies in the Family Courts has a unique format comprising four parts:
* Key Page - A quick reference guide to the appropriate application, who can apply and in which court the application must be made
* Procedural Guide - Takes you step-by-step through each stage of an application and cross-refers you to the relevant rules of court
* Precedents - Includes all documentation needed for each application
* Law and Practice - These sections present unrivalled advice from a team of experts giving you a full understanding of the applicable law
Contributors
Monika Bindal, Solicitor, Local Authority – Midlands; David Burrows Solicitor Advocate, Bristol; Ellie Foster, Principal Associate Solicitor, Mills & Reeve LLP, Leeds, Manchester, Cambridge, Norwich, Birmingham and London; District Judge Susan Jackson, County Court at Central London and the Family Court at Croydon and Nominated Judge of the Court of Protection
Table of contents
Issue 51 February 2020
In this issue all the divisions have been updated to deal with relevant case law and practice, procedural rules and practice directions. In particular, the procedural tables now include the relevant references to the FPR 2010 as amended and precedents of orders have been revised to set out the appropriate form of penal notice as defined in the amended FPR 2010, Part 37 and the notices in relation to confirmation of understanding of terms of any undertaking given and its consequences to comply with the requirements of Part 37. In addition, in all the precedents for statements in support of an application, the form of statement of verification of truth has been amended to set out the proposed form in the forthcoming amendments to the FPR 2010 to conform with that which is required under the amendments made to the CPR 1998 since October 2020 and which in any event is set out in FPR 2010, r 17.6.
- Division A. The procedural tables have been revised to deal with the extension of the pilot scheme and the precedent of orders includes directions for remote/hybrid hearings. It highlights the need when considering the impact of domestic abuse on a child or parent that the abuse includes controlling and coercive behaviour as emphasised in case law and more recently in JH v MF [2020] EWHC 86 (Fam). The section that deals with secure accommodation has been updated to include all serious concerns raised in recent cases of the impact of lack of secure accommodation and when it would be appropriate to rely on the inherent jurisdiction of the court in order to place a child in unregulated secure accommodation.
- Division D. The provisions of BIIR have been retained in this issue to assist practitioners in relation to those cases commenced before 31 December 2020 but that will cease to apply thereafter as a result of Brexit. All other material has been updated to refer to the relevant provisions of the Hague Convention 1996, which will in future be relied on.
- Division E. The chapter that deals with committal has been revised to set out the procedure that must be followed under the
provisions of the amended FPR 2010, Part 37 and PD37A.
• Applications under the Children Act 1989
• Wardship and the Inherent Jurisdiction
• Adoption
• Child Abduction: Registration and Enforcement
• Personal Protection and Occupation of the Family Home
• Protection of Family Property
• Restriction of Publicity
• Protection of the Mentally and Physically Infirm
• Appeals Including Stay of Execution and Bail
• Civil Partnership
• Appendices
• Emergency Contact Details
