The Family Proceedings (Amendment) (No. 4) Rules 1994

Statutory Instruments

1994 No. 3155 (L.21)

FAMILY PROCEEDINGS

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

The Family Proceedings (Amendment) (No. 4) Rules 1994

Made

8th December 1994

Laid before Parliament

12th December 1994

Coming into force

3rd January 1995

We, the authority having the power under section 40(1) of the Matrimonial and Family Proceedings Act 1984(1) to make rules of court for the purposes of family proceedings in the High Court and county courts, in the exercise of the powers conferred by the said section 40, and of all other powers enabling us in that behalf, hereby make the following rules:

1.  These rules may be cited as the Family Proceedings (Amendment) (No. 4) Rules 1994 and shall come into force on 3rd January 1995.

2.  The Family Proceedings Rules 1991(2) shall be amended in accordance with the following provisions of these Rules and, in those provisions, any reference to a rule, Part or Appendix by number alone shall be construed as a reference to the rule, Part or Appendix so numbered in the said Rules of 1991.

3.  In the Arrangement of Rules—

(a) for “4A.4 Answer” there shall be substituted “A.4 Acknowledgement”;

(b) for “PART VI.CHILD ABDUCTION AND CUSTODY ACT 1985(3)” there shall be substituted “PART VI.CHILD ABDUCTION AND CUSTODY”; and

(c) After rule 6.16 there shall be inserted—

“6.17   Applications and Orders under sections 33 and 34 of the Family Law Act 1986(4)”.

4.  In rule 4.3(1)—

(a) in sub-paragraph (a), after “leave” there shall be inserted “in Form C2”; and

(b) for sub-paragraph (b), there shall be substituted—

“(b) a draft of the application (being the documents referred to in rule 4.4(1A)) for the making of which leave is sought together with sufficient copies for one to be served on each respondent.”.

5.  In rule 4.4(1)—

(a) for sub-paragraph (a) there shall be substituted—

“(a) file the documents referred to in paragraph (1A) below (which documents shall together be called the “application”) together with sufficient copies for one to be served on each respondent, and”; and

(b) for the words “, endorsed in accordance with paragraph (2)(b),” in sub-paragraph (b) there shall be substituted “together with Form C6 and such (if any) of Forms C7 and C10A as are given to him by the proper officer under paragraph (2)(b)”.

6.  In rule 4.4, after paragraph (1), there shall be inserted—

“(1A) the documents to be filed under paragraph (1)(a) above are—

(a) (i) whichever is appropriate of Forms C1 to C4 or C51, and

(ii) such of the supplemental Forms C10 or C11 to C20 as may be appropriate, or

(b) where there is no appropriate form a statement in writing of the order sought,

and where the application is made in respect of more than one child, all the children shall be included in one application.”.

7.  In rule 4.4(2)—

(a) for “the copies of the application filed by the applicant” in sub-paragraph (b), there shall be substituted “Form C6 and, where appropriate, Form C6A”; and

(b) for sub-paragraph (c) there shall be substituted—

“(c) return forthwith to the applicant the copies of the application and Form C10A if filed with it, together with Form C6 and such of Forms C6A and C7 as are appropriate.”.

8.  For rule 4.4(3) there shall be substituted—

“(3) The applicant shall, at the same time as complying with paragraph (1)(b), serve Form C6A on the persons set out for the relevant class of proceedings in column (iv) of Appendix 3 to these rules.”.

9.  In rule 4.4(4)(i), the words “in respect of each child” shall be deleted.

10.  In rule 4.4(6)—

(a) after “accompanied by a statement” there shall be added “in Form C10A”; and

(b) the words “and containing a declaration that it is true to the maker’s best knowledge and belief” shall be deleted.

11.  In rule 4.6(1)(a) for “CHA58” there shall be substituted “C2”.

12.  In rule 4.6(7)(a), for “CHA 66”, there shall be substituted “C49”.

13.  In rule 4.7(2), for “in writing” there shall be substituted “in Form C2”.

14.  In rule 4.8(7)—

(a) after “shall file a statement” there shall be inserted “in Form C9”; and

(b) in sub-paragraph (a), after “application” there shall be inserted “and other documents referred to in rule 4.4(1)(b)”.

15.  In rule 4.9—

(a) in paragraph (1)—

(i) for “answer to” there shall be substituted “acknowledgement of”;

(ii) after “section 8 order” there shall be inserted “or an application under Schedule 1”; and

(iii) for “CHA10A” there shall be substituted “C7”; and

(b) paragraph (2) shall be deleted.

16.  In rule 4.10(11), for “CHA30” there shall be substituted “C47”.

17.  In rule 4.12(6), for “CHA31” there shall be substituted “C48”.

18.  In rule 4.14(3), after “written request” wherever it appears, there shall be inserted “in Form C2”.

19.  In rule 4.14(5), after “2 days' notice” there shall be inserted “in Form C6”.

20.  For rule 4.21(4) there shall be substituted—

“(4) When making an order or when refusing an application, the court shall—

(a) where it makes a finding of fact state such finding and complete Form C22; and

(b) state the reason’s for the court’s decision”.

21.  In rule 4.26(2), for “in writing” there shall be substituted “in Form C40”.

22.  In rule 4.27(1), for “in writing” there shall be substituted “in Form C37”.

23.  In rule 4A.4—

(a) in the heading, for “Answer” there shall be substituted “Acknowledgement”; and

(b) for “answer in Form CHA 75” there shall be substituted “acknowledgement in Form C52”.

24.  In the heading to Part VI the words “ACT 1985” shall be deleted.

25.  After rule 6.16 there shall be inserted a new rule as follows—

“Applications and Orders under sections 33 and 34 of the Family Law Act 1986

6.17— (1) In this rule “the 1986 Act” means the Family Law Act 1986.

(2) An application under section 33 of the 1986 Act shall be in Form C4 and an order made under that section shall be in Form C30.

(3) An application under section 34 of the 1986 Act shall be in Form C3 and an order made under that section shall be in Form C31.

(4) An application under section 33 or section 34 of the 1986 Act may be made ex parte in which case the applicant shall file the application—

(a) where the application is made by telephone, within 24 hours after the making of the application, or

(b) in any other case at the time when the application is made,

and shall serve a copy of the application on each respondent 48 hours after the making of the order.

(5) Where the court refuses to make an order on an ex parte application it may direct that the application be made inter partes.”.

26.  In rule 10.21(2), for “CHA59”, there shall be substituted “C8”.

27.  In Appendix 1—

(a) in paragraph 13 of Form M5 (Notice of Proceedings), for “CHA10(D)” there shall be substituted “C2”.

(b) in the list of forms at the beginning of the Appendix, the references to all forms from and including “CHA1” to the end of the list shall be deleted and there shall be substituted the list of forms set out in Schedule 1 to these rules; and

(c) the forms in the Appendix whose numbers are prefixed by “CHA” shall be omitted and the forms set out in Schedule 2 to these rules shall be inserted in their place.

Mackay of Clashfern, C.

Stephen Brown, P.

Anne Downey

Gerald Angel

James Holman

J. M. Appleby

David Salter

Sandra Andrew

M. B. Roddy

Dated 8th December 1994

Rule 28

SCHEDULE 1

C1	Application	for an order
C2	Application	for an order or directions in existing family proceedings
	Application	to be joined as, or cease to be, a party in existing family proceedings
	Application	for leave to commence proceedings
C3	Application	for an order authorising search for, taking charge of, and delivery of a child
C4	Application	for an order for disclosure of a child’s whereabouts
C6	Notice	of proceedings [Hearing] [Directions Appointment] (Notice to parties)
C6A	Notice	of proceedings [Hearing] [Directions Appointment] (Notice to non-parties)
C7		Acknowledgement
C8		Confidential Address
C9	Statement	of Service
C10	Supplement	for an application for financial provision for a child or for variation of financial provision for a child
C10A	Statement	of Means
C11	Supplement	for an application for an Emergency Protection Order
C12	Supplement	for an application for a Warrant to assist a person authorised by an Emergency Protection Order
C13	Supplement	for an application for a Care or Supervision Order
C14	Supplement	for an application for authority to refuse contact with a child in care
C15	Supplement	for an application for contact with a child in care
C16	Supplement	for an application for a Child Assessment Order
C17	Supplement	for an application for an Education Supervision Order
C17A	Supplement	for an application for an extension of an Education Supervision Order
C18	Supplement	for an application for a Recovery Order
C19	Supplement	for a Warrant of Assistance
C20	Supplement	for an application for an order to hold a child or Secure Accommodation
C21	Order or direction	Blank
C22	Record	of hearing
C23	Order	Emergency Protection Order
C24	Order	Variation of an Emergency Protection Order
		Extension of an Emergency Protection Order
		Discharge of an Emergency Protection Order
C25	Warrant	To assist a person authorised by an Emergency Protection Order
C26	Order	Authority to keep a child in Secure Accommodation
C27	Order	Authority to search for another child
C28	Warrant	To assist a person to gain access to a child or entry to premises
C29	Order	Recovery of a child
C30	Order	To disclose information about the whereabouts of a missing child
C31	Order	Authorising search for, taking charge of, and delivery of a child
C32	Order	Care Order
		Discharge of a Care Order
C33	Order	Interim Care Order
C34	Order	Contact with a child in care
		Authority to refuse contact with a child in care
C35	Order	Supervision Order
		Interim Supervision Order
C36	Order	Substitution of a Supervision Order for a Care Order
		Discharge of a Supervision Order
		Variation of a Supervision Order
		Extension of a Supervision Order
C37	Order	Education Supervision Order
C38	Order	Discharge of an Education Supervision Order
		Extension of an Education Supervision Order
C39	Order	Child Assessment Order
C40	Direction	To undertake an investigation
C42	Order	Family Assistance Order
C43	Order	Residence Order
		Contact Order
		Specific Issue Order
		Prohibited Steps Order
C44	Order	Leave to change the surname by which a child is known
		Leave to remove a child from the United Kingdom
C45	Order	Parental Responsibility Order
		Termination of a Parental Responsibility Order
C46	Order	Appointment of a guardian
		Termination of the appointment of a guardian
C47	Order	Making or refusing the appointment of a guardian ad litem
		Termination of the appointment of a guardian ad litem
C48	Order	Appointment of a solicitor for a child
		Refusal of the appointment of a solicitor for a child
		Termination of the appointment of a solicitor for a child
C49	Order	Transfer of Proceedings to [the High Court] [a county court] [a family proceedings court]
C51		Application for a Parental Order
C52		Acknowledgement of an application for a Parental Order
C53	Order	Parental Order
C54	Notice	of Refusal of a Parental Order

Rule 28

SCHEDULE 2

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Rules by substituting a new set of forms for those previously used in Children Act proceedings. It also prescribes forms for use in respect of applications and orders under sections 33 and 34 of the Family Law Act 1986. The main changes are—

(a) a substantial reduction in the number of forms to be used in Children Act proceedings;

(b) replacing the requirement of a separate application for each child with a single application which is to be used in respect of all the children in respect of whom an application is being made;

(c) an improvement in the layout and content of the forms to make them easier to understand and complete.

(1)

1984 c. 42. Section 40 was amended by the Courts and Legal Services Act 1990 (c. 41.), Schedule 18, paragraph 50.

(2)

S.I. 1991/1247, amended by S.I. 1991/2113, 1992/456 and 2067, 1993/295 and 1994/808, 2165 and 2890.

(3)

1985 c. 60.

(4)

1986 c. 55.