PASSuk parents advice on social care.
menu

Family Courts information. 

8 Dec 2018

The Family Courts Explained. 

The different Courts within the U.K.

Kings Bench.
European Court Of Human Rights.
upper tribunal.
Judical Review.
appeals.
Family courts.
Queen's Bench.
Superior Courts.
Royal Court of Justice.
Court of Protection.

Name:
Comment:
30 Nov 2018
Family Courts.
Family Courts.

Family Court Application Forms Explained. 

A100 - Consent to the placement of a child for adoption with adopters chosen by an Adoption Agency.

A101 - Consent to the placement of a child for adoption with identified adopters.

A101A - Agreement to the making of a parental order in respect of a child under the Human Fertilisation and Embryology Act 2008.

A102 - Consent to the placement of a child for adoption with identified adopter(s) and, if the placement breaks down, with any adopter(s) chosen by an adoption agency.

A103 - Advance Consent to Adoption under Section 20 of the Adoption and Children Act 2002.

A104 - Consent to Adoption. 

A105 - Consent to the making of an Order under Section 84 of the Adoption and Children Act 2002.

A106 - Application to withdraw consent for adoption.

A107 - Consent by the child's parent to adoption by their partner.

A4 - Application to revoke or freeing order of a child from adoption.

A5 - Application For Substitution Of One Adoption Agency For Another.

A50 - Application for a placement order.

A50A - Guidance notes.

A51 - Application to variation of a placement order.

A51A - Guidance notes.

A52 - Application to revoke a placement order.

A52A - Guidance notes.

A53 - Application for a contact order.

A53A - Guidance notes.

A54 - Application to vary or revoke a contact order.

A54A - Guidance notes.

A55 - Application for permission to change a child's surname.

A55A - Guidance notes.

A56 - Application for permission to remove a child from the uk.

A56A - Guidance notes.

A57 - Application for a recovery order.

A57A - Guidance notes.

A58 - Application for an adoption order.

A58A - Guidance notes.

A59 - Application for a convention adoption order.

A59A - Guidance notes.

A60 - Application for an adoption order (excluding a Convention adoption order) where the child is habitually resident outside the British Islands and is brought into the United Kingdom for the purposes of adoption.

A60A - Guidance Notes.

A61 - Application for an order for parental responsibility prior to adoption abroad.

A61A - Guidance Notes.

A62 - Application for a directions of an Adoption.

A62A - Guidance Notes.

A63 - Application for an order to annul a Convention adoption or Convention adoption order or for an overseas adoption or determination.

A63A - Guidance Notes. 

A64 - Application to request for information from the court records.

A64A - Application of court records on a parental order.

A65 - Application to keep certain information about you and your children private and confidential.


C1 - Application for an Order

C1A - Allegations of harm and domestic violence (Supplemental information form)

C2 - Application For permission to start proceedings For an order or directions in existing proceedingsTo be joined as, or cease to be, a party in existing family proceedings. 

C3 - Application for an order authorising a search for, taking charge of and delivery of child.

C4 - Application to disclose a child's whereabouts.

C5 - Local Authority application concerning the registration of a child-minder or a provider of day care.

C8 - Confidentiality of personal information and contact details to be kept confidential.

C9 - Statement of service.

C12 - Supplement for an application for a warrant to assist a person authorised by an Emergency Protection Order.

C13A - Supplement for an application for a Special Guardianship Order.

C14 - Supplement for an application for authority to refuse contact with a child in care.

C15 - Supplement for an application for contact with a child in care.

C16 - Supplement for an application for a Child Assessment Order.

C17 - Supplement for an application for Education Supervision Order.

C17A - Supplement for an application for an extension of an Education Supervision Order.

C18 - Supplement for a recovery order. 

C52 - Acknowledgment to an application under the human fertilisation and embryology act 2008.

C61 - Rights of Access to contact for persons without PR.

C62 - Concerning and Recognition of a child's return.

C63 - Application to declare Parentage.

C64 - Application to declare ligitimacy.

C66 - Application for juristiction order under the high court of justice.

C67 - Application under the child abduction and custody act for high court of justice.

C78 - Application to attach a warning notice to a Child Arrangements Order.

C79 - Application to enforce a Child Arrangment Order that has been breached.

C100 - Application for contact with a child.

C110a - Application for contact with a child, use this form instead of the standard C100 if there has or is a risk of abuse or harm.


FM1 - Family Mediation.

FP3 - Application for an injunction order.

FP9 - Certificate of suitability of litigation friend.

FP25 - Witness summons.


Court forms to submit for each different type of application made this is better known as court bundles.


IVF Applications.

A101A - Agreement to the making of a parental order in respect of a child under the Human Fertilisation and Embryology Act 2008.

C52 - Acknowledgment to an application under the human fertilisation and embryology act 2008.

Name:
Comment:
4 Dec 2018

Supreme Court Explained. 

List Of Court Forms ...

SC001 - Notice to Appeal.

SC002 - Application Form.

SC003 - Notice of objection and
              acknowledgement.

UKSC Form 5 - Bill Of Costs.

Name:
Comment:
8 Dec 2018
The Queen's Bench.
The Queen's Bench.

Queen's Bench Explained. 

List Of Court Forms .....
The style of the "Queen's Bench" consists mainly of claims for wrongs and trespass in respect of....
Harm, injury, loss, negligence, breach of contract, libel and slander (defamation), non-payment of a debt and restoration of property.
For a general explanation of the work and practice of the "Queen's Bench" with particular regard to claims started in the central office, please view the "Queen's Bench" guide prepared by the senior master.
The work of the "Queen's Bench" is (with certain exceptions) governed by the "Queen's Bench" procedure rules (QBPR).
To communicate with the "Queen's Bench" please use the relevant email address provided below.

msu@queensbench.org.uk

Forms List ....

no.58 - writ of fieri facias de bonis ecclesiasticis, queens bench high court of justice.

no.59 - writ of sequestrari de bonis ecclesiasticis, queens bench high court of justice.

no.67 - writ of sequestration, queens bench high court of justice.

no.68 - writ of restitution, high court of justice.

no.69 - writ of assistance, high court of justice.

no.80 - affidavit, witness statement and stop notice, high court of justice.

no.93 - order under the evidence, queens bench, high court of justice.

PF2 - order for more time, high court of justice.

PF10 - Anonymity and Prohibition of Publication Order .

PF19 - group litigation order, queens bench, high court of justice.

Name:
Comment:
2 Dec 2018

Court of Protection Explained. 

List Of Court Forms.

COP GN4 12/17 - Guidance Leaflet.

COP1 - Application Form ( 2 copies).

COP1B - Supporting information for personal
                welfare Applications.

COP3 - Assessment for Capacity Form.

COP5 - Acknowledgement Of Service, this
             must be serviced within 14 days of the
             submitted Application, Notification to
             the Applicant named on the Order and
             who the Application is being made out
             for.

COP9 - If the decision was made without a
             Hearing or it was heard without you
             being present and you disagree with
             the decision you can ask the Courts
             to reconsider the decision made by
             using this Form you have 21 days to
             submit this Form from the date the
             Order was made.

COP14 - Proceedings of the Application to the
               named person on the Application that
               the Application relates to this Form
               must be served within 14 days of the
               submitted Application.

COP15 - Notice to all other Parties other than
               the person named on the Application.

COP10 - Application to the Courts to ask for
               permission to be included and joined
               as a party to the Proceedings.

COP20A - Certificate of Service just for the
                  applicant being Served Notice with
                  the COP14 Form.

COP20B - Certificate of Service for all other
                  Parties Served with the Cop15
                  Form.

COP24 - Submitting Supporting Evidence or
               Witness Statements submit this form
               when opposing an Application
               either submit at the same time
               along with the COP05 Application Or
               within 28 days from the time the
               Notice Was Served.

COP28 - Notice of Proceedings letter sent out
               by the Courts informing all parties of
               the date and time set for a hearing.

COP35 - Asking for Permission to Appeal
               against a decision if the decision was
               made at a hearing this must be done
               within 21 days from the date the
               Order was made.

COP44 - Court Fees Booklet.

Name:
Comment:
29 Nov 2018

Royal High Court of Justice ....

FD app1 - Application for an urgent hearing.

Name:
Comment:
25 Jun 2019

Public Law vs. Private Law 

In the family courts hearings are all held under the secrecy of the closed courts.

There are two different kinds of hearings.

First is held under public law and the second is held under private law.

With public law a perfect example is public law outlines which involves the local Authorities.

With private law it does not involve any other parties and does not concern the involvement of the local Authorities a perfect example being two people separating and the estranged party applying to the courts for a child arrangement order this is private between two people and the courts.

No matter whether it is private or public law it is all under the family courts and is closed the only difference is just one is under public law with the local Authorities involvement and the other is private law between two people and no other outside involvement.

Name:
Comment:
8 Dec 2018

Bar Pro-Bono Explained. 

Please refer to the full list of all Local M.P'S in all areas.

Remember even your goodbye contact doesn't always have to be the end.

Things can still be undone even then. So never give up hope or fighting for your children. Even if you can't afford to appeal to the high court of justice please dont lose faith. Get writing to your local M.P !!! No more than 2sides of A4 size paper anything longer than that and chances are they wont even bother to read it. Keep it informative, short and sweet then they will take more time to read it all properly and to take it all in seriously. Ask them for their help. Detail as many points and as much as you can possibly fit in. If they truely feel you have been served misjustice and they feel that you truely have a genuine case then they will call you in for a meeting to discuss things further in more detail. Remember your local M.P can and does have the power to refer you to the bar pro-bono which is now known as "we are advocates" based in chancery Lane, London they don't ask for a single penny to represent you they are a charity only thing you have to pay is for expenses like petrol and parking ect... they are probably the best in the land to represent you because there hearts are in it and not there wallets !!!!

They are now called "we are advocates" Previously known as the 

Bar Pro-Bono ...

Pro-Bono latin term "pro bono publico" meaning free for the public good.

They are solicitors and barristers that work for free!!! they run on charity and donations all you have to pay is there expenses (reprographics, travel, parking ect ect)

There website is:

https://weareadvocate.org.uk

Alternatively Write to them at:

Advocate
The National Pro Bono Centre
48 Chancery Lane
London
WC2A 1JF

DX 188 London Chancery Lane

Opening hours:

9:00 AM - 5:00 PM Monday to Friday

If you would like to drop off your case papers, please ensure that you do so within their opening hours.

Email- Enquiries@weareadvocate.org.uk

They aim to get back to you within 5 working days.

Office number- 020 7092 3960 Lines open Monday, Wednesday and Friday between 10:15 AM - 12.45 PM

Or they have a form online you can fill our using this link:

https://weareadvocate.org.uk/contact_us.html

Name:
Comment:
4 Dec 2018

A link to three best professionals in all areas in all fields.

Here is a useful link to the three best professionals in all areas whether it be law or medical or school issues.

https://threebestrated.co.uk/

Name:
Comment:
24 Jun 2019

Read all judgements clearly.

Judges often make the mistake of signing court judgments without actually reading the social workers submitted drafts and statements thoroughly or properly. Plus judges only see what the social worker wants them to see, which 9 times out of 10 are all false statements, made up from expert professionals that have never even met the family under scrutiny, or social worker’s submitting legally documents that the judges are lead to believe are reports written by other professionals who have worked with the family like schools, nurseries or nurses when in fact these professionals have no knowledge at all of these reports they have just been fabricated together by the actual social worker herself which is highly illegal and if they where to be found out would leave these families grounds to pursue a criminal cases of malpractice. Social workers often alter logs as well and there statements are usually full of there own biased personal opinions of the social worker’s personal attack on these decent families. All under these social workers beliefs and hopes of reaching goverment targets and  the cash incentive of being rewarded with money bonuses for every single child that they can successfully manage to adopt.
Name:
Comment:
4 Dec 2018

Restorative Justice Explained. 

This is where you can make EVERYONE accountable for any harm caused to our children even the professionals. 

Name:
Comment:
25 Mar 2019

A Cease and Desist Writ Explained. 

What is a Cease and desist letter?

Stop someone using your intellectual property without permission by sending this cease and desist letter. Receiving a professional, succinct cease and desist is often enough to stop an offending party infringing your intellectual property rights. If not, you will have proof that you tried before resorting to the legal system. This letter covers details of the breach and an order to cease infringing action.

When to use

Use this cease and desist letter

when you are the owner of intellectual property rights which have been infringedwhen you have shared confidential information which has been unlawfully disclosedto inform the person in breach of your identity, your rights and intention to enforce themWhat it covers

This cease and desist letter covers

the rights owned, with a choice of:copyrighttrademarkpatentdesign rightconfidential informationdetails of the breachorder to cease infringing actionorder to deliver up or destroy all infringing materialsundertaking to stop infringing action in futureoffer of licence (alternative remedy for copyright)threat of further legal actionWhat is a cease and desist letter?

A cease and desist letter is a letter which formally requests someone to cease infringing upon your intellectual property rights, with a threat of legal action in case of failure to comply.

Why do I need a cease and desist letter?

A carefully written cease and desist letter is a very powerful tool in the enforcement of intellectual property protection. You will need a cease and desist letter when you want the recipient to stop the infringement before resorting to legal action. It is an efficient warning that offers the infringer the option to solve the problem out of court.

Should the letter specify a deadline for responding?

Providing the recipient with a deadline for ceasing the infringing action gives more weight to your letter and compels the recipient to react quickly. The deadline should remain reasonable, eg. fifteen working days for a copyright infringement.

What action must the recipient of a cease and desist letter take?

Within the date specified in the letter, the recipient must stop any infringing behaviour and must undertake the following actions :

For copyright infringement : credit the copyright holder in the infringing work and/or pay the copyright holder a fee for use of the workFor trademark infringement : deliver for destruction all materials including the trademark, and withdraw any application for the registration of trademarkFor design and patent infringement : try to recover all stocks of infringing items from purchasers and deliver them up for destruction

Name:
Comment:
21 Feb 2019

Harassment Injunctions Explained. 

Harassment Injunctions ...

What is Harassment?

Harassment is when someone, or a number of people behave in a way which makes you feel distressed, alarmed, humiliated or threatened.

For the harassment to become a crime, it must have happened on at least two occasions. It could be by someone you know, like a neighbour or people from you local area, or it could be a stranger - for example, someone using social media.

Examples of harassment include...

Unwanted phone calls, letters, emails or visits.

Stalking.

Verbal abuse and threats.

Smashing windows or using dogs to frighten you.

The Protection from Harassment Act 1997 has purposely not fully defined the term “Harassment” so as to allow the courts discretion to decide whether a case is harassment or not. The courts will look at whether most people or a “reasonable” person would think the behaviour amounts to harassment.

This area of law is comparatively recent and case law is resetting the boundaries all the time.

Harassment is both a criminal offence and a civil action under the Protection from Harassment Act 1997. This means someone can be prosecuted in the criminal courts if they harass you. It also means you can take action against the person in the civil courts to prevent them from doing it again in the future.

What action can you take?

If you believe you’re being harassed and you would like it to stop, there are two main things you can do, depending on the level of harassment and how it is making you feel.

Contact the police - If you’re being harassed and you feel you're in danger you should contact the police. If you think you’re being harassed because of your disability, race, religion, transgender identity or sexual orientation, you can report the harassment to the police as a hate incident or crime.

Find your local police station at www.police.uk.

They will then investigate and decide whether to start a criminal case against the abuser.

When can you take civil court action about harassment?

If you’ve been the victim of harassment you can take action in the civil courts against the person harassing you, as long as it is within six years of when the harassment happened. Even if the person harassing you has not been found guilty of an offence in the criminal courts, you can still take civil court action to prevent the harassment taking place in the future.

What can the civil court do about harassment?The court can make an order or injunction - this means the person harassing you must stop their behaviour. If they don’t stop harassing you after the court has made an injunction against them, it's a criminal offence and they can be prosecuted in the criminal courts.The court can award compensation - if you’ve suffered financial or emotional loss due to the harassment

What if a Harassment Injunction is broken?

It is a criminal offence to break a harassment injunction and if found guilty it carries a maximum prison term of up to a five year.

Name:
Comment:
29 Nov 2018

One Way non-disclosure Confidentially Agreements Explained. 

Overview.

Protect the confidentiality of business information with this one way non disclosure agreement. Also known as a confidentiality agreement, this document offers protection when a business wants to disclose information to another business but needs to make sure that the information goes no further. This NDA allows you to get to know each other better so you can decide whether to enter into a longer-term deal or partnership.

When to use..

Use this one-way confidentiality agreement..

When you want to share confidential information with another business (or individual).

To impress upon the other party the value of your confidential information.

To impose restrictions on use and disclosure of the confidential information.

To impose requirements about protection of your confidential information.

This one-way confidentiality agreement covers

The definition of confidential information protection..

what can it be used for..

who is allowed to receive confidential information?

Disclosures required by law ending the agreement.

Remedies if there is a breach of confidentiality.

What is a one-way confidentiality agreement?

A one-way confidentiality agreement (or unilateral non-disclosure agreement) covers situations where only one party is disclosing confidential information, and one party is receiving it.

It is a legal contract that offers protection to the party disclosing confidential information and imposes restrictions to the party receiving it.

When do I need a one-way confidentiality agreement?

Common situations where you may need to use a unilateral NDA include:

bringing in a consultant.

Talking to potential partners.

Hiring an employee.

Asking the other party to sign an NDA protects any sensitive information you may share. A unilateral NDA protects this information by stating that anything confidential that is shared by the disclosing party will not be disclosed by the receiving party (except in prescribed circumstances) and if it is shared, then there will be reparations eg damages.

What type of information may be protected?

Almost any type of information can be confidential information. You can protect both commercial information and personal information. Examples of confidential information include trade secrets, patents, products designs, data bases, recipes, drawings, client’s information or lists etc.

What is ‘the purpose of disclosure’ in a confidentiality agreement?

When drafting a one-way confidentiality agreement, you must state the purpose for which the confidential information is being disclosed to the receiving party. This is also called the ‘'permitted purpose'’. The purpose of disclosing the information must be legitimate and for specific reasons. You must describe the purpose of disclosure as clearly as possible, eg for the purposes of exploring a joint venture between the parties.

When is information not considered to be confidential?

Information is not deemed to be confidential if..

It is already known to the party receiving the confidential information prior to disclosure.

Is known to the public.

Comes into the possession of the receiving party from a third party who did not violate any contractual or legal obligations himself by disclosing this informationis required to be disclosed by law or rules of any court.

How long should confidential information remain confidential for?

The period of time for which each party must keep the information confidential will vary depending on the circumstances. Confidentiality agreements can be terminated immediately by giving notice in writing or can automatically terminate (after 1, 3 or 5 years if creating a Rocket Lawyer NDA). You should set a realistic time period for the duration of the agreement as information can lose its confidential character or commercial value over time.

What are the remedies available for breach of confidential information?

The remedies available for breaching a confidentiality agreement are proportionate to the wrong done. A successful claimant in an action for misuse of confidential information is entitled to a percentage of profits that have resulted from the misuse of information, damages and, or injunction.

Name:
Comment:
1 - 2