The Family Procedure (Amendment No. 4) Rules 2014

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) (“the FPR”).

Rule 3(b) amends the FPR in consequence of the repeal, by the Presumption of Death Act 2013 (c.13), of section 19 of the Matrimonial Causes Act 1973 (c.18) which had made provision for petitions to have it presumed that a party to a marriage is dead and for the marriage to be dissolved.

Rule 4 amends the FPR to give courts power to adjourn proceedings to enable parties to consider using non-court dispute resolution.

Rule 5 makes a minor tidying amendment to the FPR to reflect the fact an application for a matrimonial or civil partnership order may be served on a co-respondent.

Rule 6 substitutes a new rule 7.13 into the FPR to make provision for the filing of supplemental applications for a matrimonial or civil partnership order.

Rule 7 makes a minor amendment so that the heading to rule 8.25 of the FPR aligns with the content of that rule.

Rule 8 amends rule 8.26(a) of the FPR to reflect the fact that provision regarding the allocation of proceedings to a level of judge in the family court is made in the Family Court (Composition and Distribution of Business) Rules 2014 (S.I. 2014/840), not in the FPR.

Rule 10 inserts a new rule 12.42A FPR to apply, with modifications, Part 87 of the Civil Procedure Rules 1998 (S.I. 1998/3132) in respect of applications for writs of habeas corpus for release relating to a minor. Rule 11 makes an associated amendment to rule 30 FPR.

Rule 14 inserts a new Part 38 into the FPR to make procedural provision in respect of incoming and outgoing protection measures to which Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters applies. Rules 3(a), 9, 12 and 13 make associated and consequential amendments to the FPR.

Transitional and saving provision is made in rule 15.