The Family Proceedings (Amendment No. 2) Rules 1992

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Rules 1991 so as:—

(a) to regulate the use of district registries for commencing appeals to the High Court under section 94 of the Children Act 1989 (rules 3 and 4);

(b) to allow written offers “without prejudice save as to costs” to be made in ancillary relief proceedings in county courts without having to be filed at court in a sealed envelope (rule 5);

(c) to reverse the order in which the last two columns appear in Appendix 3 so as to make the layout similar to that of the corresponding table (Schedule 2) in the Family Proceedings Courts (Children Act 1989) Rules 1991 (S.I. 1991/1395 to which there are amendments not relevant to Schedule 2) which apply in magistrates' courts (rules 6, 7 and 8 and Schedule 1);

(d) to reduce the notice period for the first hearing of an application for an order under section 8 of the Children Act 1989 (a "section 8 order') from 21 days to 14 days (rule 8 and Schedule 1);

(e) to enable residence orders and contact orders under the Children Act 1989 to be made ex parte (rules 9, 10 and 11 and Schedule 2);

(f) to modify the provision concerning the attendance of welfare officers at hearings in proceedings to which Part IV applies; the main change is that instead of being required to attend hearings unless excused by the court, the welfare officer will not have to attend unless the court so orders, and the welfare officer is required to file his report at least 14 days before a hearing at which it is to be considered instead of 5 days (rule 12);

(g) to specify when and how a penal notice may be attached to a section 8 order in a county court (rule 13);

(h) to consolidate the overlapping provisions of rules 6.14 and 10.20 (which permit a person who would not otherwise be entitled to a copy of an order relating to the custody of a child to obtain one where he intends to commence, abroad, proceedings under certain international conventions concerning child abduc tion and the recognition of custody orders) by revoking the former and amending the latter (rules 14 and 15);

(i) to prescribe a new form by which application should be made for the registration of a High Court or county court maintenance order in a magistrates' court (rules 16 and 17 and Schedule 3); and

(j) to make minor drafting changes and to correct minor errors (rules 18—23).