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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.

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Articles listing » Family General » Jargon Buster I-J


Jargon Buster I-J

Interim Care Order

Under s.38 of the CA 1989 the court has the court to make interim orders. An interim care order places a child under the care of the local authority whilst other proceedings are ongoing, for example whilst awaiting a hearing for a final care order. The interim care order has the effect of giving the local authority parental responsibility. The first interim care order lasts for 8 weeks.  After that it can only last for four weeks at a time.

ICO

See: Interim Care Order

ICS

Integrated Children's System

Ill-treatment

Under the Children Act 1989 the term includes sexual abuse and forms of ill treatment which are not physical.

Implacable Hostility

Implacable hostility is a term used by UK family lawyers to indicate the attitude shown by one parent to another in denying access to, or contact with, their child or children. What differentiates implacable hostility from the typical hostility that may arise after separation/divorce is that the deep-rooted nature of the hostility cannot be justified on rational grounds and measures taken by third parties including mediators and the family courts are unable to resolve the situation.

Indirect Contact

In proceedings involving children indirect contact refers to all non face-to-face contact with that child. This might include telephone contact, contact be letter or by e-mail. Indirect contact may be ordered by the court in addition to direct contact or as an alternative where it is not appropriate for the child to have direct contact.

Download the woman's hour radio 4 programme on indirect contact from:

www.bbc.co.uk/radio4/womanshour/01/2006_17_tue.shtml

Inherent Jurisdiction

Power of the High Court to protect children and incapacitated adults. This allows the High Court to use their discretion where no other proceedings provide an adequate remedy.

Initial Assessments

Social Services should complete an initial assessment within 7 working days of the referral following the "Framework for the Assessment of Children in Need and their Families."  The assessment will include analysis of the child's developmental needs, the wider family and environmental factors.  The purpose of the assessment is for social services to ascertain whether a child is in need and whether they are likely to suffer significant harm.

Initial Social Work Statement

Initial social work statements will include the following information:

Background information relevant to the grounds and reasons for the application including brief details of any referral, anything within the social workers personal knowledge, any steps or court orders previously before the court and any decisions that have been made by the local authority that are relevant.

Injunction

A court order that either restrains a person from carrying out a course of action or compels someone to take a particular course of action. Failure to comply with the terms of the injunction is a contempt of court and is punishable by a term of imprisonment.

Integrated Children's System

The Child Protection Register is to be phased out by 1st April 2008 & replaced by the Integrated Children's System which will record information about children who are the subject of a child protection plan.

Integrated Children's System

Interim Supervision Order

Like the interim care order, this is an interim order that the court makes in care proceedings until a point at which the proceedings can be finally dealt with. An interim supervision order places on the local authority the duty to advise, assist and befriend the supervised child and to take such steps as are reasonably necessary to give effect to the order.

For more information visit this website.

Intestacy

Where someone dies without a will, they have died intestate.  Until decree absolute most or all of a person's estate may go to the spouse which a party may not want.  It is recommended that when a marriage breaks down a new will is made by the parties.

ISO

Interim Supervision Order

Issue

The process of making an application, paying a fee (if required) to the court and having it sealed by the court.  The application is then referred to as being "issued" and is ready to be served.

J

Mr / Ms Justice - a High Court Judge.

Judicial Review

Judicial review is a form of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. It is a challenge to the way in which a decision has been made. It is not concerned with the conclusions of that process and whether these were ‘right', as long as the right procedures have been followed. The court will not substitute what it thinks is the 'correct' decision. This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way. The lawfulness of a decision is challenged on the grounds of its illegality; irrationality; or, unfairness.

See: http://www.judiciary.gov.uk/judgment_guidance/judicial_review/index.htm     

Judicial Separation

A formal separation approved by the court which allows the court to make orders concerning finances of the parties and property.

Jurisdiction

This is used to refer to a country or state.  In family law it is used to refer to the connection that a party must have with a country where they wish a case to be heard.  Sometimes arguments are had over jurisdiction as it can be advantageous for a party to have the case heard in one country rather than another.  The law on jurisdiction in the EU is governed by Brussels II, which states that the country where an application is made first has jurisdiction and will hear the case.  See Brussels II

JR         

See: Judicial Review