Family Law

The Family Court Practice 2012 The Red Book

Edited by The Rt Hon Lord Justice Wilson · His Honour Judge Anthony Cleary · The Hon Mrs Justice Black
Family Law LexisNexis November 2012

Specifications

ISBN-13
9781846613241
Publisher
Family Law LexisNexis
Publication
November 2012
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Fully updated to incorporate the latest legislation and amendments to the Family Procedure Rules 2010, The Family Court Practice 2012 provides expert guidance and enhanced commentary on the rules a year on from implementation. Continuing to be relied upon every day by the judiciary, barristers, solicitors and justices’ clerks, the Red Book remains theacknowledged authority on practice and procedure in the family courts.

What is New for 2012?

  • All of the latest amendments to the Family Procedure Rules 2010, including the new Practice Direction 34C
  • Updates to legislation and commentary, including examination of child abduction after Re E (Children) [2011] 2 FLR 758, the impact of Jones v Kernott [2012] 1 FLR 45 and judicial interpretation of the decision in Radmacher v Granatino [2010] 2 FLR 1900
  • Enhanced procedural guides, including updated guidance on Barder appeals 
  • Analysis of the latest developments in case-law, including relocation cases, international surrogacy, the approach to be taken in same-sex parent cases and evidence in care proceedings, including the instruction of experts and children giving evidence
  • Amended legislation and detailed narrative to take into account the Maintenance Regulation, including coverage of the Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011
  • Up-to-date fees information for family proceedings, magistrates’ courts and the Supreme Court, as well as expert rates
  • Important new judicial Practice Directions and related guidance, including President's Bulletins Numbers 1–4 and the latest guidelines from the Family Justice Council
  • The full text of the Justices’ Clerks’ Society Guidance Note to Family Proceedings Courts
  • Coverage of the Legal Services Act 2007

Table of Contents

Part I: Procedural Guides
Detailed guidance covering the following areas:
-Applications for Relief Other Than Divorce
-Application for Matrimonial and Civil Partnership
-Proceedings and Related Orders
-Enforcement of Orders
-Children
-Judicial Reviews and Appeals
-Miscellaneous

Part II: Statutes
Pertinent provisions of all relevant statutes, reproduced in amended form and annotated by the expert team of contributors.

Part III: Procedure Rules
The full text of the Family Procedure Rules 2010 and practice directions, plus relevant provisions and practice directions from the Civil Procedure Rules 1998, the Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011, the Magistrates’ Courts Rules 1981 and the Supreme Court Rules 2009. All provisions are reproduced as amended, along with detailed explanation and guidance.

Part IV: Statutory Instruments
Pertinent provisions of all relevant SIs appear in amended form, with commentary from the expert team of contributors .

Part V: Practice Guidance
Relevant practice guidance for family law practitioners.

Part VI: European Regulations
Coverage of significant European Regulations, all fully annotated.

About the Author

Editor-in-Chief

The Rt Hon Lord Wilson of Culworth

General Editor

His Honour Judge Anthony Cleary

Consulting Editor

The Rt Hon Lady Justice Black

Contributors

District Judge Gordon Ashton OBE
Jane Bridge, Barrister
David Burrows, Solicitor Advocate
District Judge Neil Hickman
District Judge Robert Hill
Michael Keehan QC
Alistair MacDonald QC
The Rt Hon Lord Justice McFarlane
Her Honour Nasreen Pearce
District Judge Caroline Reid

David Salter, Solicitor
Maggie Silver, Family Legal Services Manager, Surrey Magistrates' Court

Reviews

"Every year since 1993, 'The Family Court Practice' - the much valued 'Red Book' - has provided what has become the definitive work of reference in family law ... The 2011 edition reflects some quite enormous changes that have taken place since last year's edition. The most important change, with which all family practitioners are familiarizing themselves, is the coming into force in April 2011 of the Family Procedure Rules 2010, which extend to some 273 pages of text ... The fact that this work is published yearly keeps it topical and up to date ... such attributes include its ease of use, compactness, clarity of presentation and the reliabilty of the text ... "Where do I find it in the Red Book?" is, according to Wilson, a commonplace query on the part of the judges and woebetide the practitioner who hasn't brought a copy along.So if you haven't bought this year's particularly important edition, better do it now."
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

"unrivalled" 
Litigation

"invaluable ... I cannot now imagine being without it" 
New Law Journal

"the clear market leader ... no serious family lawyer will practise without it ... brilliant! Buy it!" 
Solicitors Journal

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