English family law

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English family law concerns the law relating to family matters in England and Wales. Family law concerns a host of authorities, agencies and groups which participate in or influence the outcome of private disputes or social decisions involving family law. Such a view of family law may be regarded as assisting the understanding of the context in which the law works and to indicate the policy areas where improvements can be made.

The UK is made up of three jurisdictions: Scotland, Northern Ireland, and England and Wales. Each has quite different systems of family law and courts. This article concerns only England and Wales. Family law encompasses divorce, adoption, wardship, child abduction and parental responsibility. It can either be public law or private law. Family law cases are heard in both County Courts and Family Proceedings Courts (Magistrates Court), both of which operate under codes of Family Procedure Rules. There is also a specialist division of the High Court of Justice, the Family Division which hears family law cases.

Family relationships

Marriage and civil partnership

  • Civil Partnerships Act 2004

Divorce and dissolution

Domestic violence

Property rights

Trusts of the family home

See also: English land law and English trust law

Property on separation


Children

Parental responsibility

Child's upbringing

Children's rights

Child protection

Adoption

See also

Case law

Decisions of the Court of Appeal may be issued orally, in which case no report is usually made available to the public. Important or difficult decisions, however, are published on the internet both by the Court Service and by the British and Irish Legal Information Institute. The cases cited here provide examples.

  • Munby judgment: F v M Re D (Intractable Contact Dispute: Publicity) [2004] EWHC 727 (Fam)
  • Wall judgment: A v A (Shared Residence, 4 February 2004)
  • Bracewell judgment: V v V (Change of Residence, 20 April 2004)
  • Butler-Sloss: D v D (Shared Residence Order, 20 November 2000)
  • Re F (2003) EWCA Civ 592, 18 March 2003. (Case of shared residency, father in Hampshire, mother moved to Edinburgh)
  • Miller v Miller (Short marriage, no children, rich husband)
  • Piglowska v. Piglowski http://case-law.vlex.co.uk/vid/piglowska-v-piglowski-50671073 (Runaway costs)
  • Clayton v Clayton 2006: An appeal against injunctions preventing a father from publishing matters concerning his daughter. The appeal was allowed, the injunction quashed and a Prohibited Steps Order imposed.

Statutory Instruments

Statutory Instruments contain the rules that lay down court procedure. They frequently cross-reference each other, though many refer to the original 1991 rules, which came in with the 1989 Children Act. The list below contains many of the Statutory instruments that have a bearing on family law, which are available from the Office of Public Sector Information.

Notes

    References

    • J Herring et al (eds), Landmark Cases in Family Law (2011)

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