The Red Book: The Family Court Practice 2021 (eBook)
Published: June 2021
Publisher: LexisNexis Butterworths
Country of Publication: UK
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The definitive family court reference work, containing all core materials and commentary in a single volume which are needed to practice in the Family Court (ie Procedural Guides, Statutes, Procedure Rules, SIs, Practice Guidance, International materials), thus providing ‘one-stop-shop’.
The new edition is extensively updated to include the latest case-law, full coverage of new and amended legislation, Practice Directions and guidance. It also contains fully and expertly annotated statutes and rules together with scores of unique step-by-step procedural guides, which direct you effortlessly to the relevant rules and annotation.
What’s new for 2021:
- Analysis of the legal position and the practical issues which will arise in all areas of family law, following the UK's final departure from the EU on 31 December 2020.
- The jurisdiction for child abduction, parental responsibility, divorce and maintenance is now governed by a mixture of domestic legislation, Hague Conventions and inherent jurisdiction, as follows:
1980 Hague Convention (child abduction);
The forthcoming Autumn Supplement will include coverage of both the Divorce, Dissolution and Separation Act 2020 which introduces ‘no fault’ divorce (due to be implemented in October 2021) and the Domestic Abuse Bill which is currently navigating its way through Parliament.
- 1996 Hague Convention (parental responsibility);
- Domicile and Matrimonial Proceedings Act 1973 (divorce);
- Part III of the Matrimonial and Family Proceedings Act 1984 (maintenance claims after a foreign divorce);
- Schedule 1 of the Children Act 1989 (child maintenance) and s 27 of the Matrimonial Causes Act 1973 (failure to maintain).
- Note the return of forum conveniens (the most appropriate forum) in all cases where there are competing foreign proceedings, whereas previously lis pendens (the claim filed first in time) applied to all EU cases.
- Orders and decrees arising from English and Welsh proceedings issued before the end of the implementation period will continue to be recognised and enforced using EU regulations (where applicable) but new orders and decrees will be recognised/enforced using the 1996 Hague Convention, the 1980 Hague Convention, the 1970 Hague Convention and/or in accordance with the domestic law of the EU member state of enforcement.
- Detailed commentary and practical guidance on all recent case law and key procedural developments in the areas of divorce, civil partnership, private/public child law, financial provision, enforcement and appeals.
- The latest amendments to the Family Procedure and Civil Procedure Rules, including enhanced coverage of the new provisions governing committal in contempt proceedings (FPR 2010, Pt 37/CPR 1998, Pt 81).
- Extensive re-structure of the Practice Guidance contained in Part V of the work.
- Guidance on COVID-19 social distancing requirements and holding remote hearings in public law cases, including Re A (Children: Remote Hearing: Care and Placement Orders)  EWCA Civ 583 and Lancashire County Council v M (COVID-19 Adjournment Application)  EWFC 43.
- The extent of local authorities' duties in respect of ‘looked-after’ children, including R (on the application of OA) v Bexley London Borough Council  EWHC 1107 (Admin).
- Disclosure of evidence in care proceedings, including Re A (Children)  EWCA Civ 448.
- The procedure for withdrawal of care proceedings, including Re GC (A Child) (Withdrawal of Care Proceedings)  EWCA Civ 848.
- Funding a lay advocate for a party suffering from an intellectual impairment, including Re C (Lay Advocates)(No 2)  EWHC 1762 (Fam)).
- The principles governing wrongful removal/return orders, including Re S (A child: Abduction)  EWCA Civ 923.
- The relationship between arbitration and consent orders, including Haley v Haley  EWCA Civ 1369.
- The Supreme Court’s ruling in Villiers v Villiers  UKSC 30.
- The Pensions Advisory Group Report 2019 (PAG) and judicial endorsement, including W v H (divorce: financial remedies)  EWFC B10.
- The principles applicable to the determination of beneficial ownership of company shareholdings, including Moutreuil v Andreewitch  EWHC 2068.
- The granting of short term stays in family proceedings, including N (Children: Interim Order/Stay)  EWCA Civ 1070.