The Custody Minefield - Family Law Menu

Helping parents and the wider family whose children are resident in England and Wales

Within our guides, you’ll find answers to hundreds of questions about family law, 69 pieces of case law analysed. Links to 46 judgments to download, as well as court forms, templates and template documents. Simple to use, clear and concise, but detailed information. Please report any broken links by emailing us at mailto:feedback@thecustodyminefield.com.

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Menu Contents

1. Parental Responsibility

2. Child Maintenance

3. Mediation

4. Making an Application to Court and Court Orders Explained

5. The Legal Process – Under Construction

6. Relocation Law

7. Case Law

8. Domestic Family Law Legislation

9. International Family Law Legislation and Protocols

10. Reference

11. Mental Health and Wellbeing

12. Preparing Documents for Court

13. Court Application Forms

14. Other Forms

15. Support

1. Parental Responsibility <Back to Top>

Parental Responsibility - explaining a parent's legal rights and duties, how parental responsibility may be acquired, and giving tools to assist you in being involved in decisions about your children's lives

Letter Template – to the Local Education Authority - Finding your child’s school

Letter Template – to the school – Being involved in your child’s education – Chase up letter

Letter Template – to an Early Year’s Education Provider – Being involved in your child’s early years education

Letter Template – to the Primary Care Trust - Finding your child’s GP

Letter Template – to your child’s GP – Accessing your child’s medical information

Step Parent Acquiring – Parental Responsibility - information on how a step-parent may acquire parental responsibility for their step-children

Private Foster Care – A guide to the law and regulations concerning Private Foster Care.

2. Child Maintenance <Back to Top>

Child Maintenance and CMEC – A guide on calculations under CSA1, CSA2 and CSA3

Family Arrangement Form (pdf) – An alternative to using the CSA/CMEX – Private family based arrangements

3. Mediation <Back to Top>

Mediation – our guide to the new procedures which come into force on 6^th April 2011. Essential reading for anyone contemplating applying to court and includes links to the new Form FM1

Pre-action Protocol for Mediation Information and Assessment – parties will be expected to attempt mediation from 6 April 2011 prior to court proceedings

Parenting Plan: A Guide for Separating Parents – An invaluable tool for parents, and worthy of downloading and reading prior to mediation or a court application.

4. Making an Application to Court and Court Orders Explained <Back to Top>

Contact Orders - explaining what a contact order is, and how to make an application to the court

Contact Orders – Warning Notices and Enforcement - information for non-resident parents to assist in applications to the court to enforce a contact order

Emergency Protection Orders - a guide on applying to the courts directly if children are at risk of significant harm

Family Assistance Orders - a type of order, where the court directs a welfare officer to assist the family

Paternity Testing – applying to the court for a court approved paternity test

Prohibited Steps Orders - explaining what a prohibitive steps order is, and how to make an application to the court

Recovery Orders - a legal measure to assist in the recovery of children who have been unlawfully taken away from or withheld from the person who is responsible for them.

Residence Orders - explaining what a residence order is, and how to make an application to the court

Section 91.14 Orders – an order requiring named parties to seek the court’s permission before making an application under the Children Act

Seek and Find Orders - explaining what a ‘seek and find order’ is, and how to make an application to the court in circumstances where you wish to locate your children.

Shared Residence - explaining shared residence, and how to apply to the court. Also see our detailed e-book

Special Guardianship Orders - explaining SGOs, and likely to be of particular interest to grandparents, kinship and foster carers

Specific Issue Orders - explaining what a residence order is, and how to make an application to the court.

5. The Legal Process – Under Construction – More guides being added

Tips when Attending Court – useful tips.

Emergency Hearings – making emergency applications.

First Hearing and Dispute Resolution Appointment – preparing for, and what to expect at the First Hearing.

Finding of Fact and Split Hearings – In production

Grounds for Appeal and Judicial Discretion – Case Law, Rules and Guidance

6. Relocation Law <Back to Top>

Domestic Parental Child Abduction - what to do if your ex-partner takes the children and disappears

Internal Relocation - legal information should your ex-partner decide to relocate and take the children with them

Leave to Remove - legal information should your ex-partner decide to emigrate with the children – see also our detailed e-guide

7. Case Law <Back to Top>

Interim and Supervised Contact Case Law – case law concerning both interim and supervised contact

Internal Relocation Case Law - case law concerning relocation

Leave to Remove Case Law - case law concerning relocation abroad in family law

Parental Alienation Related Case Law – Case law for parents seeking to re-establish relationships with children alienated against them

Paternity Testing Case Law and Legislation – Case law and legislation relating to paternity testing

Section 91.14 Related Case Law – Case law for parents faced with or considering appealing the granting of a Section 91.14 Order

Shared Residence Case Law - case law concerning shared residence

Wishes and Feelings Case Law – in relation to children’s wishes and feelings, parental alienation and adult determination of children’s needs.

8. Domestic Family Law Legislation <Back to Top>

SP - Children Act 1989 - Part I - Welfare of the Child, Parental Responsibility, Appointment of Guardians, Guardians: revocation and disclaimer, Welfare reports.

SP - Children Act 1989 - Part II - S.8 Orders, Contact Activity and Enforcement Orders, Residence and Parental Responsibility, Change of Name and Removal from Jurisdiction, Special Guardianship, Orders for Financial Relief, Family Assistance Orders, Risk Assessments.

SP - Children Act 1989 - Part IX - Private Arrangements for Fostering Children

SP - Children Act 1989 - Schedule 8 - Privately Fostered Children

SP - The Children (Private Arrangements for Fostering) Regulations 2005

9. International Family Law Legislation and Protocols <Back to Top>

The United Nations Convention on the Rights of the Child

The Hague Convention on the Civil Aspects of International Child Abduction

Signatories to the Hague Convention

The UK/Pakistan Protocol

The Brussels II Revised Regulations - European family law legislation including contact orders made the UK and their enforceability in other EU member states.

SP - Signatories to Brussels II

Brussels II s.41 Certificate - MSWord template - if your ex-partner is relocating to a country in Europe that is a signatory to Brussels II, a s.41 certificate needs to be completed by the court to make a UK made contact order enforceable in the relocation country.

10. Reference <Back to Top>

Cafcass - the role of the Children and Family Court Advisory Support Service

Court Fees - application fees for different types of court order

Courts and Confidentiality - who you can discuss your court case with

Courts and Judges – detailing the different types of courts and judges involved in private family law

Dyslexia, Reasonable Adjustments and the Courts – essential reading if you have dyslexia and are about to become involved in legal proceedings

Flexible Working - employment law, flexible working arrangements may be needed to support your parenting plan and contact/residence proposals

Guidance for Judges Meeting Children who are subject to Family Proceedings -

Instructing and Using a Solicitor – choosing and instructing solicitors

President’s Guidance in relation to Split Hearings – also contains information in relation to Finding of Fact Hearings.

Practice Directions – Court Bundles - court guidance on the preparation and presentation of information for the court

Practice Directions – Residence & Contact Orders: Domestic Violence & Harm

Practice Guidance – McKenzie Friends - guidance on the role of lay advisors in the family courts

11. Mental Health and Wellbeing <Back to Top>

Helping Children Cope

Managing Stress

Psychological Assessments including suggestions for letters of instruction

Tips for Assessment Interviews

12. Preparing Documents for Court <Back to Top>

Writing a Skeleton Argument – information on what to include and structure

Writing a Position Statement for Court – information on when to, what to include and structure.

Writing a Statement for Court - Contact and Shared Residence cases – information on what to include and structure.

Template for a Position Statement – also see our guide on Writing a Position Statement

Template for a Statement – also see our guide on Writing a Statement for Court - Contact and Shared Residence cases

Template for an Index to a Court Bundle

Template for a Summary for a Court Bundle

Template for a Chronology for a Court Bundle

Template for a Statement of Issues for a Court Bundle

Template for a Skeleton Argument - also see our guide on Writing a Skeleton Argument

Template for a Scott Schedule

13. Court Application Forms <Back to Top>

C100 – For ‘Section 8 Orders’ (For Contact Orders, Residence Orders, Shared Residence, Prohibited Steps Orders, and Specific Issue Orders)

C1 – For Parental Responsibility Orders; OR For Emergency Protection Orders (form C11 must also be completed); OR For an Application for a Special Guardianship Orders (form C13A must also be completed); OR For Contact with a Child in Care (form C15 must also be completed); OR For Recovery Orders (form C18 must also be completed)

C1A – Supplemental form, if there is a concern that you or the children have been subject to violence, neglect or abuse, and if the police or social services have been involved with the family for abuse/neglect/violence.

C2 – To apply for you want to apply for a further court order when proceedings have already commenced, or if you wish to be added or removed as a party.

C3 - an application to authorise a search for, taking charge of, and the return of a child.

C4 - sometimes called a 'Seek and Locate' or Seek and Find Orders Order, is an application for an order to disclose a child's whereabouts.

C8 – supplemental form if you wish to keep your address confidential.

C68 - Application for international transfer of jurisdiction to or from England and Wales.

C69 - Application for registration, recognition or non-recognition of a judgment under Council Regulation (EC) 2201/2003, typically used when seeking to have a judgment made in another European member state recognised in the UK related to matrimonial matters and matters of parental responsibility.

C78 – To attach a warning notice to a contact order

C79 – To enforce a contact order

C(PRA1) – Parental Responsibility Agreement between biological parents (see also our guide on Parental Responsibility)

C(PRA2) – Parental Responsibility Agreement to confer PR on a step-parent (see also our guide on Step Parents and Parental Responsibility)

C(PRA3) – Parental Responsibility Agreement between a mother and her same sex partner.

N161 – For those wishing to appeal a court order.

14. Other Forms

GRO 185 - Application Form for mother and/or father to Re-Register their Child's Birth to add the Natural Father's details.

Family Arrangement Form (pdf) – An alternative to using the CSA/CMEX – Private family based arrangements

FM1 - Family Mediation and Assessment Form

Brussels II s.41 Certificate - if your ex-partner is relocating to a country in Europe that is a signatory to Brussels II, a s.41 certificate needs to be completed by the court to make a UK made contact order enforceable in the relocation country. We now provide that form in a template format.

15. Support <Back to Top>

The Custody Minefield offers support forums where you can ask our team of experienced support staff questions about family law, the courts and separation. Collectively, we have answered more than 10,000 posts on other family law related support forums. Visit our Support Forum Page on The Custody Minefield website to find out how to register.

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