The Magistrates' Courts (Family Law Act 1986) Rules 1988

Citation and commencement

1.  These Rules may be cited as the Magistrates' Courts (Family Law Act 1986) Rules 1988 and shall come into force on 4th April 1988.

Interpretation

2.—(1) In these Rules the following expressions have the meaning hereby respectively assigned to them—

“the Act” means the Family Law Act 1986;

“commission area” has the same meaning as in the Justices of the Peace Act 1979(1);

“custody order” means a custody order within the meaning of any of sections 1, 32, 40 and 42(5) and (6) of the Act;

“the appropriate court” means, in relation to Scotland, the Court of Session and, in relation to Northern Ireland, the High Court;

“the Deputy Principal Clerk” means the Deputy Principal Clerk of Session;

“the Master” means the Master (Care and Protection) of the High Court in Northern Ireland.

(2) Any requirement in these Rules for any matter to be entered in the register of a magistrates' court is a requirement that it be entered in the register kept by the clerk of that court in accordance with Rule 66 of the Magistrates' Courts Rules 1981(2).

Registration of custody orders

3.—(1) An application under section 27 of the Act for the registration in the appropriate court of a custody order made by a magistrates' court in England and Wales shall be made in writing in Form 1 in the Schedule to these Rules or in a similar form containing the information specified in the said Form 1, to the court which made the order.

(2) An application to which paragraph (1) above relates shall be accompanied by the following documents, namely—

(a) a certified copy of the order;

(b) where the order has been varied, a certified copy of any variation order which is in force;

(c) any other document relevant to the application.

(3) Subject to paragraph (4) below, if it appears to the court to which an application is made in accordance with paragraphs (1) and (2) above that the order to which the application relates is in force it shall cause the clerk of the court to send a copy of the application, together with copies of the documents set out in paragraph (2) above, to the Deputy Principal Clerk or the Master of the appropriate court, or to both, as the case may be.

(4) If it appears to the court to which an application is made in accordance with paragraphs (1) and (2) above that the order to which the application relates is no longer in force in respect of a child in respect of whom the order was made or that any such child has attained the age of 16, it shall refuse to send the documents referred to in paragraph (2) above to the appropriate court, or shall indicate thereon with respect to which child or children the order is not to be registered, and the clerk of the court shall notify the applicant of its refusal or indication accordingly.

(5) A memorandum of the granting of an application made in accordance with paragraphs (1) and (2) above shall be entered in the register of the court to which the application was made.

(6) Where the clerk of the court which granted an application made in accordance with paragraphs (1) and (2) above receives notice of the registration in the appropriate court of the order he shall cause particulars of the notice to be entered in the register of his court.

Notice of revocation or variation of a registered order, and of cancellation of registration

4.—(1) Where a custody order made by a magistrates' court in England and Wales and registered in the appropriate court in Scotland or Northern Ireland is revoked or varied, the clerk of the court making the order of revocation or variation shall cause a certified copy of that order to be sent to the Deputy Principal Clerk or the Master of the appropriate court, or both, as the case may be, and to the court which made the custody order, if that court is different from the court making the order of revocation or variation.

(2) Where the clerk of the court which made an order revoking or varying a registered order receives notice of the registration in the appropriate court of the order of revocation or variation he shall cause particulars of the notice to be entered in the register of his court.

(3) Where the clerk of the court which made a custody order receives, in accordance with paragraph (1) above, a certified copy of an order of revocation or variation of that order by another court, he shall cause notice thereof to be entered in the register of his court.

(4) Where the clerk of a court which made a custody order receives notice of the registration in the appropriate court of an order revoking or varying the custody order he shall cause particulars of the notice to be entered in the register of his court.

(5) Where the clerk of a court which made a custody order receives notice of the cancellation of the registration of that order in the appropriate court, he shall cause particulars of the notice to be entered in the register of his court.

Courts authorised to hear applications under the Guardianship of Minors Act 1971 and Part II of the Children Act 1975

5.—(1) A magistrates' court for the commission area in which a child has habitual residence or, where the child has no habitual residence, for the commission area in which the child is present at the time when proceedings are commenced shall be the court authorised to hear an application in respect of the child under the Guardianship of Minors Act 1971 or Part II of the Children Act 1975.

(2) Where a child, having been habitually resident in a commission area, leaves or is removed from or retained outside that commission area, either without the agreement of the person or of all the persons having the right to determine where he is to reside or in contravention of an order made by a court in any part of the United Kingdom, he shall be regarded for the purposes of paragraph (1) above as continuing to be habitually resident in that commission area for the period of one year beginning with the date on which he left or was removed therefrom.

(3) This rule shall not apply in relation to proceedings commenced in a magistrates' court before 4th April 1988.

Duty to give statement of other proceedings

6.—(1) A party to proceedings for or relating to a custody order in a magistrates' court in England and Wales who knows of other proceedings (including proceedings out of the jurisdiction and concluded proceedings) which relate to the child concerned shall provide to the court a statement giving the information set out in Form 2 in the Schedule to these Rules, and, for this purpose, the clerk of a magistrates' court in which proceedings for or relating to a custody order are pending shall, as soon in those proceedings as may be practicable, notify the parties of the provisions of this rule by sending to each party a notice in the said Form 2 or in a similar form.

(2) Paragraph (1) above shall not apply in relation to proceedings commenced in a magistrates' court before 4th April 1988.

Stay of proceedings

7.—(1) Where under section 5(2) of the Act a magistrates' court stays proceedings on an application for a custody order it shall cause notice of the stay to be given to the parties to the proceedings.

(2) Where under section 5(3) of the Act a magistrates' court removes a stay granted in accordance with section 5(2) it shall cause notice of the removal of the stay to be given to the parties to the proceedings and shall proceed to deal with the application accordingly.

Mackay of Clashfern, C.

26th February 1988ection 5(2) it shall cause notice of the removal of the stay to be given to the parties to the proceedings and shall proceed to deal with the application accordingly.

Mackay of Clashfern, C.

26th February 1988