Case Law

Freely available case law in family proceedings is limited. Decisions which have been made public by the High Court (Family Division) can be found on the website provided by the British and Irish Legal Information Institute(BAILII).


Family Law Legislation

The Custody Minefield book explains in detail, or makes reference to some twenty four separate pieces of legislation which can be of relevance to separating parents.

The Children Act 1989 is the primary legislation that the Court considers when determining where children should live when their parents separate.

New changes to the way Contact Orders can be enforced to benefit children and non-resident parents are detailed in The Children  and Adoption Act 2006

Legislation relating to Court Confidentiality in Family Law cases is set out in the Children Act 1989 and The Family Proceedings (Amendment No 4) Rules 2005


 

School Years Related Legislation

The principle legislation relating to matters related to schooling is set out in The Education Act 1996.

Legislation relating to the transfer of information between schools, and schools' duties in relation to school reports is set out in The Education (Pupil Information) (England) Regulations 2005 for residents of England and The Education (Pupil Information) (Wales) Regulations 2004 for residents of Wales.


 

 Early Years Education

Child Care providers' obligations are set out in the National Standards for Under Eight's Day Care and Child Minding. There are separate standards set out for providers of Child Minding services, Full Day Care, Out of School Care, Creches, and Sessional Care.

Child Care providers have a legal obligation to follow these standards, which are set out in The Daycare and Child Minding (National Standards) Regulations 2003.



 

Domestic Violence

Part IV of the Family Law Act 1996 brought in legislation to help protect victims of domestic violence, namely Non-Molestation Orders prohibiting the perpetrator from abusing the victim or children, and Occupation Orders which can remove the perpetrator from the family home.

New legislation came into force in 2004 which further protects the rights of victims of domestic violence.

The legislation is set out in the Domestic Violence, Crimes and Victims, Act 2004.

Official statistics record that men and women experience domestic violence (as the victim) in equal numbers in the UK.




The Custody Minefield Book makes reference to, and explains some 24 acts of Parliament and Statutory Instruments where they are relevent to separating or separated parents and their children.



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