Family Law

Children Act Private Law Proceedings A Handbook, 3rd edition

By His Honour Judge John Mitchell
Family Law LexisNexis March 2012

Specifications

ISBN-13
9781846612381
Publisher
Family Law LexisNexis
Publication
March 2012
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

An invaluable companion for all practitioners involved in private law proceedings under the Children Act 1989


Children Act Private Law Proceedings: A Handbook is an invaluable companion for all practitioners involved in private law proceedings under the Children Act 1989. It provides both a detailed, widely researched analysis of substantive law and a clear guide to the relevant procedure.
This new edition has been thoroughly revised throughout and takes account of all recent case-law and important procedural developments, such as the introduction of the revised Private Law Programme. The contents have been recognised to provide a separate chapter on the implications of domestic violence for residence and contact. The introductory chapter has been completely rewritten in order to examine the changing nature of the family and its impact on private law proceedings.
The extensive text is supplemented by fully updated appendices containing essential statutory and other materials.  

Table of Contents

  • Families in the Twenty First Century
  • The Welfare Test
  • Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedom 1950
  • Paternity
  • Parental Responsibility
  • Controlling the Exercise of Parental Responsibility
  • Specific Issues: Common Issues
  • Residence Orders
  • Contact Orders
  • Domestic Violence and its Implications
  • Guardianship and Special Guardianship Orders
  • Applications by Non-parents
  • Children’s Wishes and Feelings
  • Family Assistance Orders
  • Restrictions on Orders
  • Commencing Procedures
  • Directions Appointments and Preparations for Trial
  • Expert Evidence
  • Section 7 Reports and Section 37 Reports
  • Trial
  • Restraining Further Applications
  • A Duty to Disclose and not to Disclose
  • Enforcement
  • Costs
  • Appeals

Reviews

"not only does it introduce Private Law relating to children, it also provides easy access to summaries of the law and also to policy reports, articles and research....these materials are not always found in standard practice books....thoroughly researched and logically organised, this new third edition, updated throughout makes reference to all recent case law and other important developments....25 chapters cover the full spectrum of issues, from child law and human rights...and childrens wishes and feelings through to parental responsibility, contact, expert evidence and trial....almost 100 pages in length, this is an indispensible work of reference which also should certainly find its way to the library of every family law practitioner and other professionals involed in family law"
Phillip Taylor MBE and ELizabeth Taylor of Richmond Green Chambers
"excellent ... comprehensive, and it covers not only the law, but also practice issues"
ASSOCIATION OF LAWYERS FOR CHILDREN

"topical, clearly set out and extremely readable"
NEW LAW JOURNAL
"an essential reference guide for all family law practitioners"
MONITOR
"a welcome addition to the library of practitioners - and will be particularly welcomed by new practitioners"
FAMILY LAW

"providing a straightforward analysis of the substantive law and a clear guide to procedure ... an essential reference guide for all family law practitioners"
CHILDRIGHT

"comprehensive and accessible ... It would seem almost foolhardy for a lawyer acting in a private law case to be without access to this reference book ... also a valuable resource for family court advisers"
SEEN AND HEARD
"excellent ... a cost effective way of being on top of the Children Act ... readable by the layman litigant ... never before has this sort of material been available and organised so coherently in one book"
FAMILIES NEED FATHERS
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