Blog - Procedures

Removing a child from the jurisdiction

In this context, ‘the jurisdiction’ means ‘England and Wales’. As with changing a child’s name, the consent is required of any other person with parental responsibility, failing which the court will make the decision if an application is made. Where a residence order is in force, the person who has the benefit of the residence
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Changing a child’s surname

Where a child’s parents are unmarried and both have parental responsibility, neither parent is entitled to change the child’s surname without consulting the other. If they cannot agree, an application can be made to the court, the exact procedure depending on whether or not there is a residence order in force.

Consent orders – Children

The court can make a consent order regarding a child, for example a residence order or a contact order. Before the court considers whether the wording of the draft order is acceptable, it has to consider whether it is better for the child to make an order than to make no order at all. Only
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Court orders – Financial

The financial arrangements on divorce are usually settled by agreement. It is important to get the court to make an order incorporating the terms of the agreement – an ‘ancillary relief order by consent’. The purpose is to achieve certainty, because either party to a marriage can make a financial claim against the other at any time after the
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Divorce Costs

When you get divorced, there are usually two lots of legal costs that you have to pay: the costs of actually getting divorced (petition – decree nisi – decree absolute) and the costs of sorting out the finances (disclosure – negotiation – court order). If there is a dispute over children, or there is an
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Costs and Public Funding (Legal Aid)

An order for costs (see 10th August) can be made against a party regardless of whether they are privately funded (i.e. paying their own legal costs) or in receipt of Public Funding. However if a judge makes an order for costs against a party in receipt of Public Funding the judge must then go on
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Costs in the application

‘Costs in the application’ usually appears as a provision at the end of a set of directions made by the judge during the course of a case. Most cases don’t go straight to a final hearing – there is at least one ‘directions appointment’ along the way. ‘Costs in the application’ means: “At this stage
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Order for costs

An order for costs is a court order requiring a party to pay the other party’s costs. The order can be to pay all the other party’s costs, or a proportion of them, or it can be to make a contribution of a fixed amount. In divorce cases, there are usually two separate lots of
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Decree Absolute – who can apply when

This post is best read in the context of my posts on 22nd June (decree nisi) and 29th June (decree absolute). Once a period of six weeks has elapsed from pronouncement of decree nisi, the petitioner is allowed to apply for decree absolute. There is no obligation to do so – the petitioner is usually
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