Family law

This page highlights some of the current parliamentary material available on family law. This includes select committee reports, briefing papers on current legislation and other subjects produced by the parliamentary research services, and the latest Early Day Motions put down by MPs.

Standard Notes

DateDescription
08.01.2013Confidentiality and openness in the family courts
This note provides information on the new rules which enable duly accredited media representatives (but not the wider public) to attend certain family proceedings held in private, subject to a power for the court to direct their exclusion. It also deals with the rules governing communication of information and statutory reporting restrictions for family proceedings.
19.12.2012Civil partnerships on religious premises
The Civil Partnership Act 2004 created a legal union which is very similar, but not fully identical, to marriage. Civil partners have the same rights and responsibilities as married couples in many areas. A legally valid marriage can currently be entered into only by a male and a female, whereas a civil partnership is available only to same-sex couples.
19.07.2012Polygamy
This note deals with the recognition of polygamous marriages; immigration issues; social security benefits and pension entitlement.
02.05.2012Viral 'Breadwinner' hoax email alleging abuse of fostering allowances
A number of MPs have contacted the Library concerning an e-mail that constituents have forwarded alleging abuse of the fostering system in order to benefit from the allowances available. The e-mail in question is not based in fact, and is a hoax. This short note explains the many errors in the 'Breadwinner' email, and notes that an almost identical US version is also in circulation, which seems to be the source of the version discussed in this note.
02.05.2012Fostering - long-term, emergency, temporary and private placements; and care orders
This note provides information on the different types of fostering arrangements available, and the arrangements for taking a child into care.

Research Papers

DateDescription
15.02.2013Children and Families Bill
The Children and Families Bill introduces a wide range of legislation concerning adoption and children in care, aspects of family justice law, special educational needs, the Office of the Children's Commissioner for England, child care, statutory rights to leave and pay for parents and adopters, time off work for ante-natal care, and the right to request flexible working. This paper has been prepared for the Second Reading of the Bill.
01.02.2013Marriage (Same Sex Couples) Bill
The Marriage (Same Sex Couples) Bill was introduced into the House of Commons on 24 January 2013 and is due to have its second reading debate on 5 February 2013. It would introduce civil marriage for same sex couples, and enable religious organisations to opt in to conduct same sex marriages if they wish to do so. The Bill includes provisions intended to protect religious organisations and individuals from being forced to conduct same sex marriages. The proposals have proved highly controversial with interested parties expressing strong opinions both for and against same sex marriage. The Bill would also enable civil partners to convert their partnership to a marriage and would enable married transsexual people to gain legal recognition in their acquired gender without having to end their marriage.
25.10.2012Family Justice (Transparency, Accountability and Cost of Living) Bill
The Bill has three parts. Part 1 deals with transparency and accountability in connection with cases concerning children and proceedings in the Court of Protection. Part 2 contains other provisions relating to the administration of justice; and Part 3 deals with the cost of living and measures to achieve lower fuel bills.
15.02.2010Children, Schools and Families Bill: Committee Stage Report Bill No 8 of 2009-10
This is an account of the House of Commons Committee Stage of the Children, Schools and Families Bill. The Bill contained a clause on the charitable status of academies, but the Government decided it could achieve its objectives by non-legislative means, and at the end of the Committee Stage the clause was removed. No other changes were made to the Bill in Committee. There were many amendments proposed by the opposition parties but none was successful.
16.12.2009Children, Schools and Families Bill. Bill 8 2009-10.
This Bill provides 'guarantees' for pupils and parents in the school system, underpinned by new Home School Agreements, and makes provision for parental satisfaction surveys. It also makes changes to the powers of governing bodies of maintained schools; extends the remit of School Improvement Partners; provides greater powers for local authorities and the Secretary of State in relation to failing schools; paves the way for the introduction of School Report Cards; and makes provision to introduce a licence to practise for teachers. The Bill also seeks to implement the recommendations of several major reports. These changes affect the school curriculum; provide a registration system for home educators; and provide an additional right of appeal for parents of children with special educational needs. The Bill would also make changes to the reporting of information relating to family proceedings. Other provisions relate to Local Safeguarding Children Boards, Youth Offending Teams, the charitable status of academies, and the fees system for the inspection of independent schools.

Select Committee Reports

DateDescription
13.10.2011The operation of the family courts.
Government response. Ministry of Justice report [Commons]
28.06.2011The operation of the family courts.
Justice Select Committee report [Commons]

Early Day Motions

DateDescription
26.10.2010GRANDPARENTS RAISING GRANDCHILDREN NETWORK
That this House congratulates Grandparents Plus, the Grandparents' Association and members of the Grandparents Raising Grandchildren Network on their successful lobby of Parliament ...
15.12.2009CHILDREN AND FAMILY COURT ADVISORY SUPPORT SERVICE
That this House believes that the fundamental principles of the Children Act should inform the approach and practice of Children and Family Court Advisory Support Service (CAFCASS) ...
07.12.2009RELOCATION CASES
That this House believes that a child's relationship with its parents requires greater legislative protection with regard to the Family Court's current application of precedent in international ...
02.12.2009FAMILY COURTS
That this House notes that the Government has expressed a desire to increase accountability in the family courts; regrets that the Children, Schools and Families Bill as currently drafted ...
15.10.2009RELOCATION CASES
That this House believes that a child's relationship with its parents requires greater legislative protection with regard to the Family Court's current application of precedent in international ...

Glossary

  • Research Papers (RP) - briefings produced by the House of Commons Library on Bills, topical issues and regular statistics
  • Standard Notes (SN) - shorter, topical briefings from the Commons Library
  • Early Day Motions (EDMs) - formal motions submitted by MPs in the House of Commons
  • POST Notes - short briefing notes produced by the Parliamentary Office of Science and Technology
  • Lords Library Notes (LLN) - an occasional series of papers compiled by the House of Lords Library