The family courts dealing with public and private child law cases are inundated with work, involving the generation of large amounts of paper. Far more effective is the creation of a file which, from the outset, focuses on material relevant to the judicial decision-making process. Therefore, for each child law application Child Case Management Practice provides an analysis of what the judicial hearing will actually require, with checklists, questionnaires etc specifying all the necessary information.
This new edition will also keep you abreast of the latest developments in law and practice. It is the definitive practical manual on the Public Law Outline, generates best practice case management documents and provides synopses of the law for all the major applications. It also presents core skeleton arguments at a glance and focuses on the Case Management record.
This invaluable work is designed for use by the judiciary (including magistracy, justices’clerks, legal advisers), barristers, solicitors, legal executives, CAFCASS,local authorities, guardians, the Ministry of Justice, experts and the Legal Services Commission.
Practice, Evidence and Procedure
- Legal aid (public funding) and representation
- Allocation and transfer of proceedings
- Case management - how to use the revised Public Law Outline
- Expert evidence in the context of the PLO
- Protected parties/parties under a disability
- Declaration of parentage and parental responsibility
- Orders under sections 8 and 13 of the Children Act 1989
- Scientific tests
- Special guardianship orders
- Local authority proceedings prior to issuing care proceedings
- Emergency protection procedures
- Appointment and removal of a children's guardian
- Care and supervision orders
- Secure accommodation
- Placement and adoption
- Child Abduction
- Forced Marriage
- Article 15 transfer under Brussels II Revised
Review of the previous editions
“A handbook for the busy practitioner and judge, designed to provide core skeleton arguments for the most common – and some less common – children applications”Law Society Gazette
Preface to the previous edition
In 2009 I described Child Case Management Practice as being a new idea. Three years on and in a professional world so much more acutely attuned to delay than ever before, the concept behind this handbook is particularly relevant and necessary. It remains our guiding purpose to provide core skeleton arguments for the busy children practitioner for both the common and less common children applications to encourage careful adherence to best practice in the preparation and presentation of children cases. By using the materials in this handbook, the practitioner will find it easier to ensure that there is compliance with Practice Directions, in particular the Public Law Outline and the Revised Private Law Programme. The methodology remains consistent with best practice case management, ie the identification of the essential legal questions that are involved in a case so that they can be applied to an analysis of the facts and lead to the identification for the court of the key issue(s) upon which a decision is needed.
Iain Goldrein has brought an impressive and personal attention to detail in editing this work and has put together a specialist team of practitioners who have contributed some of their best arguments. The next three years will see many changes in family justice but the speed and accuracy of analysis of practitioners will be a requirement in every case. The second edition of this handbook will help to provide practitioners with that resource and will help pave the way for the reforms in which we will all be involved.
Sir Ernest RyderRoyal Courts of Justice
Sir Ernest Ryder, Senior President
Iain Goldrein QC
Clive Baker, Barrister, 7 Harrington Street Chambers
Edward Devereux QC, Harcourt Chambers
District Judge Claire Gilham
Michael Gration, Barrister, 4 Paper Buildings
Teertha Gupta QC, 4 Paper Buildings
Anne-Marie Hutchinson OBE, QC (Hon), Partner, Dawson Cornwell
Sabrina Polak, Barrister, New Court Chambers
His Honour Judge Malcolm Sharpe, Designated Family Judge, Mid & West Wales
June Venters QC, Managing Partner, Venters Solicitors
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