Family Law Hub

President issues new guidance on forms of order in children cases

Guidance is issued by Sir Andrew McFarlane, President of the Family Division.

  • New guidance has been issued by President of the Family Division, Sir Andrew MacFarlane, concerning family court children orders. 

    The guidance states:

    "9. Despite the pressure on the system, I remain persuaded that the first order made in any child case (public or private law) should comply with the previous Practice Guidance or PD12B, para 14.13, so that the key information in each case is recorded there. For subsequent orders (other than final orders) the court, while following the previous Practice Guidance, should tailor the order to the particular circumstances of the case, without the need to include lengthy narrative material which does not relate to the requirements of the particular order. The minimum required content in an order following a second or subsequent interim hearing will be:

        i. A recital of who attended and their representation;

        ii. A recital of the issues determined at the hearing;

        iii. A record of any agreement or concession made during the hearing;

        iv. A recital of the issues that remain outstanding; and

        v. The text of any orders that were made.

    It is expected that this approach will enable the court to limit the content of orders to what is strictly required for effective case management.

    10. Following a final hearing, the court order should, as has always been the case, set out in full the orders that the court has made, together with any appropriate recitals.

    11. It is my intention that the use of shorter forms of order as explained in this Guidance should be seen as a temporary measure to support the effective preparation of court orders. The ultimate goal remains, as stated in the June 2018 Guidance, for court orders eventually to be drawn with ease from an electronically supported system once such systems are widely available."

    You can read the full guidance here 

News, published: 19/06/2019

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Published: 19/06/2019

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