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Children Act Schedule 1 MoJ Form E unaffected

Departmental check of Form E problem continues

Following the discovery that the Ministry of Justice's online Form E was defective, it seems that the Form E used for claims under schedule 1 to the Children Act 1989 is unaffected. That has emerged from enquiries made by Tony Roe.

Tony Roe, a solicitor and family law arbitrator, reports:

"My enquiries of HMCTS reveal that all courts that hold divorce files are currently undertaking a review of all their financial cases. The exercise has, of course, found that practitioners' own non-MoJ Forms E, as well as different versions of the MoJ's on-line item, are not affected by the problem. I understand that this widespread check is ongoing and the results are not yet known. What is clear is that the MoJ's Form E1, used in Schedule 1 Children Act 1989 applications, is unaffected.

"What if the financial relief application is ongoing where there is an offending MoJ Form E? Those who have contacted HMCTS have been told that judges will be made aware that the issue will need to be dealt with in the proceedings. Indeed, a circular went out to the judiciary on 18 December)."