By Elaine Laken;Chris Bazell;Winston Gordon
An summary of the legislation and perform of the kin court cases court docket in England and Wales, this introductory guide comprises: half I: An creation to the jurisdition, powers and techniques of the relations court cases court docket; and half II: a variety of informative fabrics. The guide avoids jargon and complexity to supply an available reference aspect for everybody attracted to how judgements are arrived at during this courtroom.
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Additional info for Introduction to the Family Proceedings Court
If the authority decides not to apply for a care order or supervision order, they must inform the court of: • the reasons for this • any service or assistance which they have provided, or intend to provide; and • any other action taken or prop9sed with respect to the child. This information must normally be given to the court within. eight weeks. A suggested form to accompany a direction to a local authority to investigate is contained in Part Two of this handbook. THE NEW MODEL OF PARENTHOOD The concept of parental responsibility is central to decision-making with regard to children.
In practice, directions appointments seek to deal with such items as: • what is in dispute • whether there is a chance of agreement including whether the case should be referred for mediation • who the parties are and whether any should be added (above) • appointment of a guardian ad litem or welfare officer This is often done when the application is received. If not, it can be dealt with at the first appointment, reports can be requested and a timescale for these set 45 • whether expert evidence is involved and later whether experts have conferred with each other (below) • how long the final hearing will take including the times at which witnesses should be called.
Thus, for example, if a local authority applies for a care order (a matter within the definition), the court can make a residence order instead, or a contact order as well, if this is in the best interests of the child. Lawyers in private law cases should forewarn their clients of the court's wide-ranging powers. For example, if a mother and father disagree over where a child should live and one applies for a residence order, it is open to the court to consider whether an order should be made in favour of someone else like a grandparent who would provide the child with a better home and upbringing.
Introduction to the Family Proceedings Court by Elaine Laken;Chris Bazell;Winston Gordon