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Resolving Disputes About The Care Of Children In The Family Court – Non-urgent Applications (e-book 2)

$25.00

Product Description

Family Series

Resolving Disputes About The Care Of Children In The Family Court – Non-urgent Applications

Family Law E-book Series Book 2 of 3

INSTANTLY DOWNLOADABLE IMMEDIATELY AFTER PURCHASE.

This 2nd e-book in the Family Law series follows on from the 1st e-book. It assumes that agreement about the care of your children has not been able to be reached at the Family Dispute Resolution Process, and that you are now considering making an application for a Parenting Order through the Family Court.

This e-book first discusses the difference in approach between urgent matters (where the child’s safety is at immediate risk of harm) and non-urgent applications.  This e-book guides you through the process of a non-urgent application , which is the most usual kind.

It first provides a thorough explanation of the relevant legal principles, which the Court will be considering.

It guides you through the process of developing a strategy to apply to every step of the process, then with that knowledge, it guides you through applying that strategy at every step of the Court process to help you achieve the best possible result.

Every stage of the Family Court process is discussed and explained so that you are in a position to understand the process and get the best out of it without paying a lawyer to do that for you.

Making the formal application, gathering your evidence, appearing at Court and understanding the Judgment are all matters for which detailed explanations and guidance are provided.

The table of contents for the 2nd Family Law E-books is set out below for your information.

INTRODUCTION TO FAMILY COURT PROCEEDINGS

SOURCES OF FAMILY LAW

  • The Care of Children Act 2004
    • Section 4 – The welfare and best interests of the child
    • Section 5 -The principles relevant to the welfare and best interests test
    • Section 6 – The child’s views
  • How to balance all the factors
    • Safety
    • Relationship with both parents
    • Gatekeeping
    • Stability, attachment and cultural factors
    • The child’s views
  • Case law
  • The Family Courts Rules 2002

SOME WORDS OF ADVICE BEFORE YOU ENTER THE FAMILY DISPUTE RESOLUTION PROCESS

 DAY-TO-DAY CARE & CONTACT VS GUARDIANSHIP ISSUES

 WORKING OUT YOUR STRATEGY

  • Game plan and hook

 MAKING AN APPLICATION FOR A PARENTING ORDER IN THE FAMILY COURT

  • The cost
  • Who can apply?
  • Making the application
  • Evidence

THE ISSUES CONFERENCE

  • Are interim orders necessary?
  • Having a lawyer represent you
  • Appointing a Lawyer for the Child

 LAWYER FOR THE CHILD

  • The process followed by Lawyer for the Child

 THE JUDICIAL SETTLEMENT CONFERENCE

  • Practical issues
  • The conference process

 PREPARING FOR THE HEARING

  • Preparing your trial folder
  • Documents

 THE PROCESS LEADING UP TO A HEARING

  • The Directions Conference
    • Discovery
    • Updating your evidence
    • Specialist reports
    • Directions about the hearing
    • Preparing for the Directions Conference
    • The Conference Memorandum
    • Information about specialist reports
  • Delays and registrar’s Submissions

 ATTENDING THE HEARING

  • Courtroom etiquette
  • Opening statements
  • Calling witnesses / presenting your evidence
  • Changing your written evidence
  • Being cross-examined
  • Cross examining the opposition’s witnesses
  • Things to consider when preparing cross examination
  • Making objections
  • Your closing statement

 THE JUDGMENT

  • Cost awards
  • Calderbank offers
  • Cost contribution orders

 ENFORCING THE JUDGMENT

  • Urgency
  • Applying to the Court for Enforcement Orders

 APPLYING TO VARY A PARENTING ORDER AFTER IT IS MADE

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