Emergency Remedies in the Family Courts
Why should you buy Emergency Remedies in the Family Courts
Recognised as the standard reference work on the subject, Emergency Remedies in the Family Courts gives practical guidance on how all emergency applications should be made.
For any family law crisis, Emergency Remedies in the Family Courts:
- Identifies the appropriate remedy
- Explains in step-by-step detail the requisite procedure
- Provides model applications and pleadings
- Clarifies the underlying law
Written and edited by an unrivalled team of experts, definitive advice is provided on all aspects of the law, together with guidance on over 70 urgent applications, including:
- Application for non-molestation and/or occupation order under Family Law Act 1996, Part IV
- Application for a freezing injunction, search orders and writ ne exeat regno
- Authority to place a child in secure accommodation
- Application for an emergency protection order
- Application for authority under the inherent jurisdiction
- Application for warrant of arrest under Family Law Act 1996, Pt IV, s 47(8)
- Application for forced marriage protection orders
- Application for judicial review
- Urgent appeal against an order by magistrates for transfer of residence of a child
- Application to extend or restrict publicity
- Application in respect of mentally ill persons
- Applications concerning domestic and international child abduction
- The impact of the Hague Convention 1996 on the Protection of Children
- Applications under TOLATA and MFP Act 1984 Part III
- General introduction on procedure under the FPR 2010
Emergency Remedies in the Family Courts has a unique format comprising four parts:
- Key Page - A quick reference guide to the appropriate application, who can apply and in which court the application must be made
- Procedural Guide - Takes you step-by-step through each stage of an application and cross-refers you to the relevant rules of court
- Precedents - Includes all documentation needed for each application
- Law and Practice -These sections present unrivalled advice from a team of experts giving you a full understanding of the applicable law
Annual subscription includes 2 updates per year.
"a very good tool for the busy family lawyer" Solicitors Journal
Table of contents
Issue 47 February 2019
This issue incorporates changes to legislation and amendments to FPR 2010. In particular, the following divisions deal with significant issues that have arisen since the last issue:
- Division A. A3 includes the unusual situation where children were moved to the care of the father due to the mother’s attitude towards contact.
- Division B. The precedents for deprivation of liberty orders and the law and practice in relation to recent case law have been comprehensively covered.
- Division C. Includes text on the difficulties in relation to secure accommodation having regard to the recent cases.
- Division D. Deals with prorogation of jurisdiction.
- Division E. Includes the following: (1) PD36H and its implications; (2) detailed guidance on practice and procedure of the information that must be provided to the respondent in proceedings for contempt of court following the decision of Naomi James v Hannah Loisa James  EWCA Civ 1982; (3) FGMPOs – PGs and precedents law and practice have been revised to include an injunction against marriage by proxy; (4) guidance on the drafting of mandatory orders to deal with the situation that arose in West Sussex County Council v F  EWHC 1702 (Fam); and (5) FGMPOs – text on the consideration of rights and obligation under the European Convention when such applications are dealt with.
- Division F. This division includes further guidance in relation to freezing orders.
- Division G. Division G includes details of the pilot scheme under FPR 2010, r 36.2, PD36J, refusal of application for disclosure of information of proceedings, and principles and practice in relation to reporting restrictions in financial remedy proceedings having regard to the recent decisions in XW x XH (No 2)  EWFC 44 and Guillaume v Tessy  EWHC 3095 (Fam).
- Division I. The procedural guides and procedural rules have been updated to reflect the current rules for appeals in the Family Court and to the Court of Appeal in family proceedings.
• Applications under the Children Act 1989
• Wardship and the Inherent Jurisdiction
• Child Abduction: Registration and Enforcement
• Personal Protection and Occupation of the Family Home
• Protection of Family Property
• Restriction of Publicity
• Protection of the Mentally and Physically Infirm
• Appeals Including Stay of Execution and Bail
• Civil Partnership
• Emergency Contact Details
Read the full contents
Contributors: Richard Budworth Barrister, 2–3 Hind Court, London; David Burrows Solicitor Advocate, Bristol; District Judge Susan Jackson County Court at Central London and the Family Court at Croydon and Nominated Judge of the Court of Protection; Julie O’Malley Barrister, Lamb Building, London; Lisa Phillips Director and Solicitor Advocate, Child Care Law Department, Switalskis Solicitors LLP, Leeds; David Salter Consultant, Mills & Reeve LLP, Leeds, Manchester, Cambridge, Norwich, Birmingham and London and Deputy High Court Judge and Recorder