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 and is available as an online or print subscription.
To arrange your FREE 14-day trial to the online service or to find out how a print or online subscription to Emergency Remedies in the Family Courts will benefit your day-to-day work call our account management team today on +44 (0)117 918 1555 or email them at email@example.com.
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
Choose your preferred format
Online - Login to your online service here or request a FREE trial
Emergency Remedies in the Family Courts is available as part of the Family Law Online Service.
Why go online?
- Hyper-text links to Family Law Reports cases
- Instant Updates – No filing of updates, no installing of disks onto your system. You also receive more regular updates
- In-house Professional Support Lawyer updates - Continuous updating of the major works, with developments such as judgment summaries, new legislation and new Practice Directions inserted at relevant points in the text (coming soon)
- Compatible with mobile devices - View the online service on your iPad or tablet device
- Create PDFs – Generate PDF versions of on-screen content to print, download or store offline
- Time-saving search engine – Indexing, hyperlinks and search filters to get you to the information you need quicker than ever before
- Your complete law library in one place - You can choose the modules you’d like to subscribe to, and even link it through to Family Law books online.
You can add PracticePlus to your Emergency Remedies in the Family Courts online subscription - find out more.
To arrange your FREE 14-day trial to the online service or to find out how a print or online subscription to Emergency Remedies in the Family Courts will benefit your day-to-day work contact our account management team today:
See it for yourself, register for a FREE trial
Call one of our account managers on +44 (0)117 918 1555
Print - To order this looseleaf click on the 'add to cart' button on the top left hand side.
2014 Print Subscription Information
395.00 mainwork (includes mainland UK p&p (£12 overseas postage)
2 updates per year
Annual subscription March - February
Annual renewal approx £320.00
Update 37 (March 2014)
This release contains updates to Divisions General; A (Applications under the Children Act 1989); B (Wardship and the inherent jurisdiction); C (Adoption); D (Child abduction: registration and enforcement); E (Personal protection and occupation of the family home); F (Protection of family property); G (Restriction of publicity); H (Mental and physical infirmity); and Appendix A10 (Practice Guidance).
In addition to the general updating to reflect legislative changes and case-law in this issue the precedents in all the divisions have been overhauled to incorporate the new style of orders where possible in accordance with the President’s House Rules. While the style and content of the new orders may be revised following consultation, the precedents will provide practitioners with an immediate template as a guide to work from.
In addition, all divisions have been revised and updated to take into account the latest developments. The following additions made are of particular note:
- Division A: Provisions relating to fee remission; transfer of proceedings under BIIR Art 15; care placement outside the jurisdiction and requests by a member state for the return of a child and the Supreme Court’s decision in Re B (A Child)  UKSC 33.
- Division B: Commentary on the Supreme Court’s decision in Re A (A Child)  UKSC 60 with reference to habitual residence; Aintree University Hospital NHS Foundation Trust v James  UKSC 6 in determining ‘best interests’ of a patient where a declaration is sought to withhold invasive treatment; KL (A Child)  UKSC 75 concerning the use of the court’s inherent jurisdiction to order the return of a child applying the ‘best interests’ and ‘welfare’ principles and discussion on balancing the competing Arts 8 and 10 rights in restricting publication of information concerning a child’s care.
- Division D: A new draft form of order for accepting transfer of public law proceedings pursuant to BIIR Art 15; a new section on Art 15, which deals with the procedure to be adopted when transfer of proceedings is proposed, the level of court to which request for transfer should be made, the criteria to be applied when determining whether transfer should be accepted and giving effect to the request for transfer. This division also deals in detail with the Supreme Court’s decisions in Re A (A Child) (above) and Re LC (Children)  UKSC 1 and its impact on habitual residence. The impact of BIIR on the 1980 Hague Convention cases, factors to be taken into account when evaluating a child’s objection and a new section dealing with suspended return order, setting aside and reversal of a return order and costs in abduction cases are also included.
- Division E: New orders in relation to FMPO; the use of the Children Act 1989 to obtain an exclusion or occupation order or other remedy and discussion of CW v SG  EWHC 854 (Fam) and A v D  EWHC 2963 (Fam).
- Division F: Application and ramifications of the Supreme Court’s decision in Prest v Petrodel Resources Limited in recent cases and Mostyn J’s decision in UL v BK  EWHC 1735 and its impact on applications for an injunction under s 37 of the Matrimonial Causes Act 1973 and ‘freezing orders’.
- Division G: Updated precedents on permitting/restricting publication of information, discussion on media attendance in court proceedings, basis for restriction publication of information and the President’ determination to provide transparency.
- Division H: Reference to the continued need for reliance on the court’s inherent jurisdiction to obtain protective orders not only in respect of the vulnerable but also those lacking capacity where neither the MHA 1983 nor the MCA 2005 applies.
A new section dealing with Legal Services Orders and costs allowances has been included in this issue and the General Division includes material on striking out a claim, litigation privilege and without prejudice and mediation immunity.
Her Honour Nasreen Pearce
His Honour Nigel Fricker QC
David Burrows Solicitor Advocate, Bristol
District Judge Susan Jackson Central London County Court and Nominated Judge of the Court of Protection
David Salter Joint National Head of Family Law, Mills & Reeve, Leeds, Manchester, Cambridge, Norwich, Birmingham and London
Maggie Silver Family Legal Services Manager, North & East Surrey Magistrates’ Court
District Judge Jonathan Whybrow Leicester County Court
Find out more about the scope of the work and how to use it
- Applications under the Children Act 1989
- Wardship and the Inherent Jurisdiction
- 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
- Emergency Contact Details
Scope of the Work and How to Use it
Aim of the work
Experienced practitioners often guide a less experienced assistant or colleague by giving him or her a precedent to adapt and explaining the sequence of steps which need to be taken. When the practice and procedure is overhauled as under the FPR 2010 even the experienced need a helping hand. This publication aims to offer illustrative, fictional, precedents and procedural guides to demonstrate how to launch emergency applications under the new rules and practice directions using the appropriate prescribed forms and bring them to a satisfactory result, seeking remedies that are appropriate for the needs of the client. Further, the precedents, procedural guides and narrative explanations of law and practice give easy access to a practitioner, a judge or a magistrates’ clerk who needs quickly to check whether an application is proceeding in the right direction.
Structure of the illustrative precedents and procedural guides
Each set of precedents begins with a Key Page, which summarises the principal characteristics of an application and acts as an index to the set of precedents and the supporting narrative text. The procedural guide that follows summarises the sequence of steps to be taken, with references to the rules of court that apply.
Narrative texts of law and practice
The authors have sought to balance the need by practitioners for a book that affords explanation of most situations that are likely to arise in an emergency.
Throughout this publication, the gender used reflects the situation that occurs most commonly in practice. Unless the contrary appears, references to either the female or male gender are interchangeable.
The looseleaf arrangement of Emergency Remedies in the Family Courts enables the book to be kept regularly up to date by the removal and insertion of updating pages. These are supplied at least twice per year in the form of Updates. Each Update is accompanied by filing instructions, which should be followed carefully to ensure that your book is fully and correctly updated. At the end of the binder you will find a Filing Record, which should be completed each time an Update has been filed. A Checklist of Pages is sent with each Update, which should be used to check that your copy of Emergency Remedies in the Family Courts is complete and has been correctly updated. The Checklist should then be filed at the back of the binder.
Arrangement of the work
The material is divided into 11 Divisions, each separated by plastic divider cards, as follows:
Gen General introduction on procedure
A Applications under the Children Act 1989
B Wardship and the inherent jurisdiction
D Child abduction: registration and enforcement
E Personal protection and occupation of the family home
F Protection of family property
G Restriction of publicity
H Protection of the mentally and physically infirm
I Appeals including stay of execution, bail and judicial review
J Civil partnership
K Emergency contact details.
The applications that are dealt with in each Division are listed in full both in the main contents to the work and at the start of each Division.
The text is divided into numbered paragraphs. Cross-references to material in other Divisions are to paragraph numbers in those Divisions. For example, a reference to A[23.16] directs the reader to paragraph [23.16] in Division A. Where no letter appears, the reference is to a paragraph within the same Division.
Tables and index
The work contains tables of cases, statutes and statutory instruments. These are located behind the plastic divider card marked Tables.
A comprehensive index is included to facilitate easy access to the material in the book. This is to be found at the end of the binder.
Civil Procedure Rules 1998
The Civil Procedure Rules 1998 (CPR) were introduced on 26 April 1999. All civil proceedings are subject to these rules. ‘Family proceedings’, as defined by the rules (see below), are exempt from the CPR (CPR, r 2.1(2)) with the following exceptions:
(1) Costs rules under CPR Parts 43, 44, 47 and 48 apply to all family proceedings.
(2) CPR Part 52 (appeals to the Court of Appeal) applies to all family proceedings from 2 May 2000.
Rules in family proceedings
Subject to these exceptions, family proceedings are now covered by the FPR 2010 and the Practice Directions, which together provide a single procedural code, which applies to all levels of courts.
The Rules of the Supreme Court 1965 (RSC) (High Court) and the County Court Rules 1981 (CCR) (county courts), apply to family proceedings where they are specifically provided for in the FPR 2010 and where they are not inconsistent with the new rules.
Thus, for example, committal in the county court will still be covered by CCR Ord 29.
‘Family proceedings’: a definition
(1) Narrow definition
‘Family business’ is defined in the Matrimonial and Family Proceedings Act 1984, s 32 as ‘business of any description which in the High Court is for the time being assigned to the Family Division and to no other Division by or under section 61 of (and Schedule 1 to) the Senior Courts] Act 1981’ and family proceedings is defined as ‘proceedings which are family business’.
Senior Courts Act 1981, Sch 1 provides a narrow list of family proceedings, including matrimonial causes and various children proceedings.
(2) A wider definition
The table sets out the range of process, which come within the scope of the FPR 2010 and indicates those proceedings covered by the CPR and outside the narrow scope of the term ‘family proceedings’ as defined above.