Guidance and Resources

The President of the Family Division has issued Practice Guidance with respect to Non-Molestation Injunctions under the Family Law Act 1996. This Guidance deals primarily with ex parte (no-notice) applications. A simplified order is also annexed to the guidance.

  Obtaining section 28 Recordings from Criminal Proceedings - Application Form

This is a form for application for access to a video recording of a witness’ cross-examination and re-examination under section 28, Youth Justice and Criminal Evidence Act 1999, for use where such access is sought for the purposes of proceedings in the family court.

The form has been approved by  the joint criminal / family judicial working group chaired by Lord Justice William Davis and Ms Justice Russell and should be completed in full where such requests are made.

Psychologists as Expert  Witnesses in the family  courts in England and  Wales: Standards,  competencies and  expectations

Guidance from the Family Justice Council and the British Psychological Society June 2023 (2nd edition).

This document is a joint effort by the Family Justice Council and the BPS and provides a set of guidelines for how to instruct expert witnesses in family proceedings.

This second version of the guidance includes additional guidance in relation to the instruction of psychologist expert witnesses, specifically the scrutiny of their regulation, their qualifications and their access to psychological tests given in Re C (‘Parental Alienation’) [2023] EWHC 345 (Fam). A CV template is given in Appendix 6 to assist psychologist experts in meeting this requirement.

Both the guidance and the case law can be downloaded below.

 Practice Guidance: Independent Domestic Violence Advisers and 

Independent Sexual Violence Advisers (Family Courts) - April 2023

This guidance applies to family proceedings in the Court of Appeal (Civil  Division), the High Court of Justice and the Family Court. It is issued as  guidance (not as a practice direction) by the President of the Family Division,  as Head of Family Justice. It is issued in light of the coming into force on 6  April 2023 of new rules and a practice direction relating to the attendance at any court hearing of independent domestic violence advisers/independent  sexual violence advisers as support to litigants at all levels of the Family  Court. 

In December 2018 the President of the Family Division asked Mr Justice Keehan to establish and chair the Public Law Working Group (PLWG) to address the operation  of the child protection and family justice systems.  The principal objectives of the working group were to recommend (a) changes to both systems which could be implemented readily and without  the need for primary or  secondary legislation  to effect  the same and (b)  longer-term changes which  would  require primary or secondary legislation and/or the expenditure of public funds.  

The Reports (which can be downloaded below) include important pre-proceedings and case management best practice guidance and more recently in April 2023 consideration has been given to making Supervision Orders more effective. The courts in Cumbria will expect professionals working in the family justice system to understand and implement the best practice recommendations contained within these comprehensive reports.

Fact Finding Hearings and Domestic Abuse in Private Law Children Proceedings 

Guidance for Judges and Magistrates - May 2022

President's Guidance: Divorce, Dissolution and Separation Act 2020: 

Costs in proceedings for matrimonial and civil partnership orders - March 2022

A memorandum written by The President of the Family Division dealing with the appropriate contents and 

structure for a witness statement in Family Proceedings - November 2021

This Guidance applies to civil and family proceedings in the Court of Appeal (Civil Division), the High Court of Justice, the County Courts and the Family Proceedings Court in the Magistrates’ Courts.1 It is issued as guidance (not as a Practice Direction) by the Master of the Rolls, as Head 

of Civil Justice, and the President of the Family Division, as Head of Family Justice - July 2010.

Guidelines for Judges Meeting Children who are subject to Family Proceedings

Produced by the Family Justice Council and approved by the President of the 

Family Division - April 2010