Family Law in Practice

Almost all junior barristers in civil practice are likely to encounter family law work in their first years of practice. This manual therefore provides a detailed introduction to the key areas of the substantive family law of which the junior practitioner should have a good working knowledge. Key aspects of family law covered include domestic violence and the impact of the new practice direction on domestic violence allegations in residence cases, occupation of the family home, care proceedings, ancillary relief including developments in pre-nuptial agreements and orders under the s8 Children Act 1989. In recognition of the increasing desire to avoid costly and lengthy adversarial proceedings, the manual also includes a dedicated chapter focusing specifically on the role of mediation as a tool to resolving family law disputes. Adopting a highly pragmatic approach, Family Law in Practice, encourages students to build on their existing basic practitioner skills, and highlights how to approach writing opinions and drafting documents specific to family law, including consent orders.
It also provides invaluable practical advice on how to prepare for different types of hearing, what factors to consider in relation to negotiation, how to make persuasive submissions, and how to handle witnesses effectively, ensuring that the junior practitioner is fully prepared for his or her first steps in the family courts. The text has been revised to include updates on the Forced Marriage (Civil Protection) Act 2007 and developments relating to media access in private family law cases. Guidance is given on the current systems for child support as well as an introduction to the work of the Child Maintenance and Enforcement commission.