A Practical Guide to Exercising the Inherent Jurisdiction in Family Law Proceedings - Second Edition

The inherent jurisdiction is a powerful tool to ensure that children subject to proceedings are properly protected, which can be achieved in many different ways. The inherent jurisdiction is often regarded as a complex area of family law due to the complexity of cases that enter its arena, ranging from child abduction disputes and determination of cross-border issues, wide-ranging injunctive powers, orders relating to medical treatment and disputes relating to challenging public and private law proceedings.

This is the second edition of the book, following its release in 2023. The second edition is focused on providing practitioners working in family law with a toolkit as to how to embark upon proceedings relating to the inherent jurisdiction. There will be a focus on the types of orders that can be made under the inherent jurisdiction and consideration as to the purpose and impact of such orders. The book will consider the inherent jurisdiction across a range of different practice areas within family law, such as child abduction, private and public law disputes and other injunctive/protective orders that are designed to safeguard children. In particular, this book will consider in the context of the inherent jurisdiction: tracing/locating children and respondents, deprivation of liberty, forced marriage protection orders, female genital mutilation orders, inward and outward child abduction, vaccinations, tipstaff orders, and disputes relating to medical treatment. This book will consider the limits to the inherent jurisdiction as well as how practitioners can best present cases in terms of case management from the outset of proceedings all the way to the conclusion of proceedings, whether you are acting for an applicant, respondent, the subject children or any other interested party within proceedings.

The second edition of this book considers a number of procedural and practical points with the aim of assisting lawyers working in this field. For example, the book outlines the procedure for making applications and also considers the position that an applicant or respondent may take at various different stages of proceedings.

The second edition has been updated to reflect recent case law guidance. There are new chapters on: vulnerability, toolkit for practitioners, jurisdiction and contempt. Other chapters have been comprehensively updated to include analysis and practical guidance on applications to set aside orders, applications for unborn children / anticipatory orders as well as dealing with legal aid provisions.

CONTENTS

Introduction

Procedure to Commence Proceedings

Orders Made

Child Abduction

Public Law Proceedings

Injunctive Orders

Private Law Matters

Medical Treatment

Expert Evidence

Jurisdictional Disputes

Enforcement and Contempt Proceedings

Toolkit for Practitioners

Vulnerability

Concluding Thoughts