The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

PART 9 THE 1989 ACT

Applications under the 1989 Act in respect of enforcement of contact orders

76.—(1) The FPR shall apply to—

(a) an application in the magistrates’ court under any of the following provisions of the 1989 Act(1)—

(i) section 11J (enforcement orders);

(ii) section 11O (compensation for financial loss);

(iii) paragraph 4 of Schedule A1 (enforcement orders: power to revoke);

(iv) paragraph 5, 6 or 7 of Schedule A1 (enforcement orders: amendment);

(v) paragraph 9 of Schedule A1 (breach of an enforcement order); or

(b) an application in the magistrates’ court under section 8(2)(a) of the Children and Adoption Act 2006(2),

with the modifications in paragraph (2).

(2) The modifications are—

(a) where the proceedings referred to in paragraph (1)(a) are treated as family proceedings by virtue of section 65 of the 1980 Act, in rule 2.6—

(i) in paragraph (1)—

(aa) in sub-paragraph (f), delete “or”;

(bb) in sub-paragraph (g), for “;” substitute “; or”;

(cc) after sub-paragraph (g), insert—

“(h) under paragraph 5 of Schedule A1.”; and

(ii) in paragraph (3), for “paragraphs (a), (c) and (d)” substitute “paragraphs (a), (b), (d) and (h)”;

(b) in rule 12.33(1), omit “to the High Court or a county court”; and

(c) in rule 12.35(1), for “the High Court or a county court” substitute “the court”.

(3) The FPR shall apply in a case where a magistrates’ court is considering exercising, or has exercised, a power under either of the following provisions of the 1989 Act(3)—

(i) section 11L(5) (enforcement orders: provision of information); or

(ii) section 11M(1) (enforcement orders: monitoring).

Enforcement of a residence order or a special guardianship order under the 1989 Act

77.—(1) Where a person in whose favour a residence order or a special guardianship order is in force wishes to enforce that order, that person must file with the court a written statement describing the alleged breach of the order.

(2) When a statement referred to in paragraph (1) is received by the court—

(a) the justices’ clerk must fix a date, time and place for a hearing of the proceedings;

(b) the designated officer must give notice of the hearing as soon as practicable to—

(i) the person wishing to enforce the order; and

(ii) any person who is alleged to be in breach of the order.

(3) In this rule—

“residence order” has the meaning given in section 8(1) of the 1989 Act; and

“special guardianship order” has the meaning assigned to it by section 14A(1) of the 1989 Act(4).

Application to vary a contribution order under the 1989 Act

78.—(1) The FPR shall apply to an application under paragraph 23(8) of Schedule 2 to the 1989 Act to vary a contribution order, with the modifications in paragraph (2).

(2) The modifications are—

(a) in rule 12.2, in the definition of “public law proceedings”, in paragraph (p), after “a contribution order,” insert “variation”; and

(b) in the table in rule 12.3(1), in the column 1 entry relating to proceedings for an order revoking a contribution order , after “order” insert “varying or”.

(Paragraph 6A of Schedule 1 to the 1989 Act sets out the procedure for an application for the variation of an order made by a magistrates’ court under Schedule 1 to the 1989 Act for periodical payments or for the payment of a lump sum by instalments.)

(1)

Sections 11J and 11O and paragraphs 4 to 7 and 9 of Schedule A1 were inserted by, respectively, section 4(1), 5 and 4(2) of and the Schedule to the Children and Adoption Act 2006 (c.20).

(2)

2006 c.20.

(3)

Sections 11L and 11M were inserted by section 4(1) of the Children and Adoption Act 2006.

(4)

Section 14A was inserted by section 115(1) of the Adoption and Children Act 2002 (c.38) and amended by section 38 of the Children and Young Persons Act 2008 (c.23).