Without notice applications, both under the Children Act 1989 and Family Law Act 1996, are invaluable tools in the realms of domestic abuse and child protection. Particularly in relation to Family Law Act applications, such work is considered the bread and butter of the junior family barrister. However, those who would treat such applications as simple and routine, do so at their peril. Numerous pitfalls await the uninitiated and a failure to follow proper procedure can have a lasting effect.
Without notice applications in Children Act and Family Law Act: tips, pointers and warnings is written by Mark Ablett and Samara Brackley and features in the April 2021 edition of the Family Law Journal, and explores the tips and tricks for ex parte applications in both Children Act 1989 and Family Law Act 1996 applications, as well as common pitfalls and how to make an application as strong as possible. To view the article in full, which is reproduced with the FLJ’s kind permission, please click here.
This article follows on from Mark and Samara’s 2020 podcast episode on the same subject for the Pump Court Family Law podcast.