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 48 September 2019
In this issue all the divisions have been revised to deal simply with current law practice and procedural rules and practice directions. The issue also refers to all relevant cases decided since the last issue. In particular:
- Division A. This division consolidates the general principles applicable to both private and public laws in the respective sections. The troublesome issues of parental alienation considered in the recent cases of PP v MS and Essex CC  EWHC 768 (Fam) and Re R (Child: Termination of Contact)  EWHC 132 (Fam) and criteria that apply and the procedure to follow when seeking permission to make an application where an order under ChA 1989, s 91(14) is in existence, referred to in Re P & N (s 91(14): application for permission to apply: appeal)  EWHC 421 (Fam), are fully covered.
- The public law section deals specifically with recent cases on summary dismissal/disposal of care proceedings and the duty to ensure that a fair hearing takes place.
- The secure accommodation section sets out in detail when the court will exercise its inherent jurisdiction and when the local authority cannot invoke this jurisdiction to deprive a person under the age of 18 of his liberty having regard to the decision in A City Council v KS and Others  EWHC 1384 (Fam).
- Division D. This division provides some guidance on the impact of Brexit without a deal and sets out links where further guidance may be obtained. It also deals with the procedure to follow when the need arises to communicate with court or authorities of foreign jurisdictions through the Head of International Family Justice Office. It also deals with issues in relation to when an unlawful removal and retention arises having regard to recent decisions.
- Division E. This refers in particular to the very recent decision of Re M (A Child)  3 September currently only reported at WLUK 7, highlighting the fatal errors of not complying with the procedural requirements that apply in committal proceedings.
- Division I. This division on appeals has been completely overhauled and now provides two separate sections: (1) the procedure for all appeals within the Family Courts to which the FPR 2010 apply; and (2) the procedure for appeals to the Court of Appeal where the CPR 1998 apply.
• 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