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.
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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
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2013 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
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
Update 36 (October 2013)
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); I (Appeals); J (Civil partnership); K (Emergency contact details); Appendix A1 (Legal Aid and Emergency Remedies); Division A9 (Family Proceedings Fees Order 2008 (SI 2008/1054)); and Appendix A10 (Practice Guidance).
The text has been updated to provide changes in the law, practice and procedure within the aspects of family proceedings covered by this publication. Of particular significance to practitioners will first be the inclusion within Division A of a procedural guide where the new Pilot PD12C applies, jurisdictional issues under the Family Law Act 1986 and Brussels II Revised and transfer of cases between jurisdictions under Brussels II Revised and the 1996 Hague Convention. It deals with the need to refer to the Law Society’s Practice Note of 14 January 2013 and Guides to Good Practice (2012) and the Family Law Protocol and the revised Working Together to Safeguard Children (2013), which requires local authorities to create assessment protocol guidance to social workers in negotiating with parents and a lot more besides.
Secondly, the judicial review material in Division I (Appeals) has been extended to cover challenges against decisions of public bodies such as the Legal Aid Agency and CSA and judicial errors by providing a complete set of precedents for making an application to test whether the law has been misunderstood and the legality of refusal by the Legal Aid Agency and reasonableness of any such refusal decision. Often the issues that arise are urgent and the application thus has to be made promptly. The precedents will be invaluable because they not only set out the form of the application but also the details of the law and arguments relied on to support the case with particular reference to A Local Authority v DS and Others  EWHC 1442; JG (A Child by her Guardian) v Legal Services Commission and Others  EWHC 804 (Admin) and R (On the Application of T) v Legal Aid Agency and Others  EWHC 960 (Admin).
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.