The Magistrates' Courts (Family Law Reform Act 1987) (Miscellaneous Amendments) Rules 1989

Explanatory Note

(This note is not part of the Rules)

These Rules make amendments to the Maintenance Orders (Facilities for Enforcement) Rules 1922, the Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959, the Magistrates' Courts (Blood Tests) Rules 1971, the Magistrates' Courts (Guardianship of Minors) Rules 1974, the Magistrates' Courts (Forms) Rules 1981, the Magistrates' Courts Rules 1981, the Magistrates' Courts (Adoption) Rules 1984 and the Magistrates' Courts (Children and Young Persons) Rules 1988. The amendments are all consequential upon the provisions of Parts I and II of the Family Law Reform Act 1987. Part I came into force on 4th April 1988 (the Family Law Reform Act 1987 (Commencement No.1) Order 1988 (S.I. 1988/425)). Part II, apart from section 9, comes into force on 1st April 1989 (the Family Law Reform Act 1987 (Commencement No.2) Order 1989 (S.I. 1989/382)).

Parts I and II of the 1987 Act establish the principle that references to any relationship between two persons shall be construed without regard to whether the father and mother of either of them have or had been married to each other at any time, and substitute in various existing enactments references to whether the mother and father of a child were married to one another at the time of his birth for references to illegitimacy. Under Part II of the 1987 Act affiliation proceedings under the Affiliation Proceedings Act 1957 (c. 55) are abolished and amendments made to the Guardianship of Minors Acts 1971 and 1973 to enable financial provision for a child to be obtained, whatever the marital status of the parents, in proceedings under the Guardianship of Minors Act 1971. The amendments made by these Rules reflect those changes.