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  • Give someone else a voice

    4 Brick Court's running team took part in the Great South Run (10 miles in Portsmouth on 26th October)on behalf of a favourite charity and your support would be greatly appreciated by the many children who have come to depend on VOICE.  VOICE is a charity entirely dedicated to giving support advice and assistance to the 60,000 children in care in the UK at any one time.

     

    The team from chambers included Jacqui Gilliatt, Louise MacLynn, Francis Cassidy, Lee Pearman and Paul Carver, joined by Jacqui's husband, John Sullivan, his friend David Parkinson and Jacqui's friends Carolyn & Tim Cobbold.

    You can log on to our Just Giving website and translate our pounding the pavements of Portsmouth in to pounds for this charity.

    Alternatively we will be happy to receive cheques made out to Voice at 4 Brick Court.

     

    Click to find out more about VOICE

  • New files on 4bc Website

    We have recently added to our website - the June 2008 updater - the Jargon Buster from A to Z (in  Family Law General) & the Family Law Bibliography (also in Family Law General).

  • Standard of Proof in Care Proceedings

    The House of Lords ruled on 11th June 2008 in an appeal in which three members of  4 Brick Court Chambers appeared before their Lordships on 19th and 20th May 2008. Marianna Hildyard QC and Isabelle Watson represented the Respondent father and Stuart Fuller (led by Stephen Cobb QC of 1 Garden Court Chambers) represented the Appellant children (through their Children’s Guardian). CAFCASS intervened.

  • Domestic Violence Practice Direction

    This Practice Direction came into force on 9.5.08.  See also the comments of Robert Stevens reported on the Family Law Week blog.

  • PLO Guidance for London

    Judge Altman, the Designated Judge for London, has issued an Initial Local Plan for London dated 10th April 2008in respect of the implementation of the Public Law Outline (which is already in force). It applies to the London Care Centre which means the PRFD & Barnet, Kingston & Croydon County Courts & is relevant also to cases transferred into those courts from the FPCs.

Visit our news section for more, or subscribe to our RSS feed.

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Articles listing » Family General » Jargon Buster F


Jargon Buster F

Fact Finding Hearing

 See Causation Hearing (these are one and the same).

Family Assistance Order

The Family Assistance Order (FAO) was introduced by the s16 of the Children Act 1989 to provide social work support to families experiencing difficulties after separation or divorce. The order is usually made where parents are having difficulty reaching agreement over arrangements for their children and it places a duty on social services to provide an officer who will advise, assist and befriend the child.  The order lasts for a maximum of 6 months and can only be made if the local authority consents to it.

Family Assistant

Social Services' employee who carries out work with families sometimes supervising contact or helping with skills such as budgeting or basic parenting.

Family Group Conference

A conference which is attended by wider family members and representatives from social services.  The Public Law Outline recommends that should be arranged in any suitable case.  Its aim is for the family to make decisions for children who have been identified as being in need of a plan to safeguard their welfare.

The Family Rights Group website has a very informative section on Family Group Conferences.

http://www.frg.org.uk/

Hampshire County Council also has a good website on FGCs.

http://www.hants.gov.uk/TC/edews/fgchome.html

Family Law Bar Association

Association open to barristers specializing in Family Law.

http://www.flba.co.uk/

Family Law Reports

Series of books published annually and online containing details of family law cases.

They can be viewed online here but a subscription is required.

http://www.jordanpublishing.co.uk/

Cases are also published on BAILII (see earlier entry) & Family Law Week

http://www.familylawweek.co.uk/

Family Panel

A number of magistrates specially appointed to deal with family proceedings form the Family Panel. A justice does not qualify to sit in the Family Proceedings Court unless he or she is a member of the Family Panel. See Section 67 (2) Magistrates' Courts Act 1980.

Family Proceedings

The Children's Act 1989 section 8 (3) defines it as any matter under the inherent jurisdiction of the High Court in relation to children and any matters under the following enactments but not including proceedings on an application for leave under section 100(3)

  1. Parts 1, 11 and 1V of the Children's Act 1989 (indicates.....
  2. the Matrimonial Causes Act 1973:
  3. (repealed)
  4. the Adoption Act 1976;
  5. the Domestic Proceedings and Magistrates' Courts Act 1978;
  6. (repealed)
  7. Part 111 of the Matrimonial and Family Proceedings Act 1984;
  8. the Family Law Act 1996
  9. sections 11 and 12 of the Crime and Disorder Act 1998.

Family Proceedings Court

A Magistrates Court dealing with family cases.  A lay bench of three lay magistrates can sit or a District Judge will sit in a Magistrates Court.

Family Support Worker

See: Family assistant.

Family Ticket

A Judge who is approved by the Ministry of Justice to hear family cases is said to have a family ticket or a public law ticket.

Father

The natural father of a child. If a wife has been artificially inseminated with sperm from a source other than her husband and her husband has consented then her husband shall be treated as the father of the child rather than anyone else.

Section 28 Human Fertilisation and Embryology Act 1990

First Directions Appointment

In money cases the purpose of the first directions appointment is for the Court to see if any agreement can be reached between the parties and if not to identify the issues in the case and direct what further steps need to be taken to enable the court to make a decision.

FDA

See: First Directions Appointment

Financial Dispute Resolution

The Family Proceedings Rules 1991 states that the FDR will allow the parties in divorce proceedings to discuss and negotiate a final settlement of the matrimonial assets. This meeting is supposed to reduce the conflict around disputes over assets. If a settlement cannot be reached then the FDR should identify issues for the court. Any evidence said or admitted during financial dispute resolution is not admissible as evidence at a future court date.

FDR

See: Financial Dispute Resolution

FII

See: Factitious Illness

FLA

See: Family Law Act

FLBA

See: Family Law Bar Association

FLR

See: Family Law Reports

Factitious Illness

This is a mental disorder where patients feign or produce symptoms in order to appear unwell.  The term is also used where carers fabricate or induce illnesses in a child.  This can include falsifying hospital records and charts.  As part of the Working Together initiative the government has produced the following guidance in cases concerning fabricated or inducing illnesses in children.

The updated guidance can be downloaded at this link.

For a good article on the approach of the courts to factitious illness see this article by Julia Macur QC (now Mrs Justice Macur)

http://www.familylawweek.co.uk/library.asp?i=840

Forced Marriage

A marriage where at least one person has been forced into marriage without the person's full and free consent.

See the joint NHS and Home Office website

and

Foreign and Commonwealth Office webpage.

Form E

In divorce proceedings this is the form a person fills in setting out their financial assets.

The form can be obtained here.

Fostering Panel

Local Authority fostering panels have functions which include: advising - as to the appointment of foster carers, reviewing foster carers' performance and termination of foster carers' appointments, advising on issues regarding children and foster carers' rights, dealing with complaints procedure, training, equal opportunities and related matters.

Foster Parent

If a child has been placed under Section 23 (2) (a) of the Children's' Act by the Local Authority, the person the child has been placed with is deemed to be a  Foster Parent,  including a family member. 

The Foster Network provides support and information for foster carers http://www.fostering.net/

Family Proceedings Court

The family proceedings court is a magistrates court specifically designated for family work. All care proceedings have to be commenced in the FPC.

FPC

Family Proceedings Court

Family Proceedings Rules

The rules of court for the purposes of family proceedings in the High Court and County Court.

The Family Procedure (Adoption) Rules can be viewed here.

The County Court Family Proceedings Rules can be viewed here.

Financial Dispute Resolution.

The Family Proceedings Rules 1991 states that the FDR will allow the parties in divorce proceedings to discuss and negotiate a final settlement of the matrimonial assets. This meeting is supposed to reduce the conflict around disputes over assets. If a settlement cannot be reached then the FDR should identify issues for the court. Any evidence said or admitted during financial dispute resolution is not admissible as evidence at a future court date.

First Directions Appointment.

First appointment at court where the judge gives directions on how the case should proceed. 

Form A

This form starts the ancillary relief procedure and is a standard form that includes all of the possible options of financial provision.

The form may be found on this link.

Form E

This is the crucial document in ancillary relief proceedings.  It is a statement of financial circumstances supported by accompanying documents as evidence to corroborate its content.

The form and explanatory leaflets are on the Court Service website on this link

FPR

See: Family Proceedings Rules

Framework Assessment

The Framework for the Assessment of Children in Need & Their Families is guidance issued by the Department of Health that should be followed when a child with additional needs is being assessed.  A child has additional needs if according to the judgement of practitioners, the child requires extra support to help them be healthy, stay safe, enjoy & achieve, make a positivie contribution or achieve economic well-being  This is also known as the core or common assessment.

 

For more information visit this website.

Freeing (for adoption).

This is a term meaning that there is no legal obstacle to adoption. Once a child is freed for adoption by court order there is no need to get consent of the mother (or person with PR) to that child's adoption.   Freeing for adoption has been replaced by the placement order under the Adoption & Children Act 2002.

Freezing Orders

See Marevas