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Family Law

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Court of Protection Practice and Procedure Conference 2016

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01 JUN 2011

FPR 2010 and the Law Relating to Children

Noel Arnold

Partner at Philcox Gray and Co, London, Member of the Law Society's Children Law Sub-committee and the Association of Lawyers for Children's Executive Committee

At the time of writing, it is April 2011 and the much anticipated Family Procedure Rules 2010 (FPR) is in force. Family lawyers across the country, at some point or another, will be/have been struck with a moment of panic. By the time this article is published, burying one's head in the sand will not be an option. Much has been written in Family Law about the FPR and no doubt there will be a good deal more to follow as the FPR beds down into our daily practices. For a general read about the FPR, its main functions and headlines, it is well worth consulting D Adams, ‘The Family Procedure Rules 2010: A District Judge's Perspective' March [2011] Fam Law 244. This article, however, aims to focus in on how the FPR affects the law relating to children. It does not rehearse the contents of the rules but aims to flag up relevant parts for those representing parties in children proceedings. Regrettably it is impossible to envelop all aspects of the FPR as it relates to children work (for example, with international movement of children and abduction) in an article such as this: there can be no substitute for practitioners devoting some time to familiarisation with the FPR.

The parts of the FPR which principally concern children proceedings are: Part 12 (broadly covering public and private law cases), Part 14 (which considers adoption, placement and related proceedings) and Part 16 (representation of children within proceedings). The FPR is divided into Parts and each part will usually have chapters within which rules are then found. Some chapters are themselves sub-divided into sections.

To read the rest of this article, see June [2011] Family Law journal.

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