The Magistrates’ Courts (Enforcement of Children Act 1989 Contact Orders) Rules 2008

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules apply, with modifications, the Family Proceedings Court (Children Act 1989) Rules 1991 (“the 1991 Rules”), to specified cases in relation to the coming into force of sections 4, 5 and 8 of the Children and Adoption Act 2006 (c.20) (“the 2006 Act”). Those sections of the 2006 Act make provision, primarily via amendments to the Children Act 1989 (“the 1989 Act”), for the court to make an enforcement order or order for financial compensation following a breach of a contact order made under section 8 of the 1989 Act.

Rule 3 specifies the cases to which the 1991 Rules, as modified by these Rules, apply.

Rule 6 modifies rule 1(2) of the 1991 Rules to insert various new defined terms.

Rule 7 modifies rule 2 of the 1991 Rules to allow a single justice to discharge the functions of the court in respect of specified cases.

Rule 8 modifies rule 4 of the 1991 Rules to include reference to new application forms for enforcement orders and related applications and to make provision for copy applications to be sent to the former representative of a child in specified cases. Duties on those so notified are imposed via the modifications to the 1991 Rules made by rule 14, which inserts a new rule 13B into the 1991 Rules. Rule 11 makes an associated consequential amendment.

Rule 9 inserts new provisions into the 1991 Rules to make provision for how the court should deal with applications under section 8(2) of the 2006 Act and under paragraph 5 of Schedule A1 to the 1989 Act.

Rules 10, 13, 15, 16 and 18 make modifications to the 1991 Rules to ensure that various existing duties of an officer of the Service or Welsh family proceedings officer apply to such an officer who is providing the court with information in respect of an enforcement order or who is monitoring compliance with such an order.

Rule 12 modifies the 1991 Rules to include provision relating to the filing and service of acknowledgement forms in respect of various applications, to include those relating to the enforcement of contact orders.

Rule 17 modifies rule 16(1A) of the 1991 Rules to ensure a court cannot proceed to make specified orders without adequate information.

Rule 20 modifies the 1991 Rules to make provision in respect of service of enforcement orders and orders made under paragraph 9(2) of Schedule A1 to the 1989 Act. Rule 19 makes an associated amendment.

Rule 21 modifies rule 33 of the 1991 Rules to ensure that section 97 of the Magistrates’ Courts Act 1980 (c.43) applies to cases to which these Rules apply.

Rule 22, and the Schedule, modifies Schedule 1 to the 1991 Rules to inset new forms of application and order in respect of the cases to which these Rules apply.

Rule 23 modifies Schedule 2 to the 1991 Rules to specify who shall be the Respondent to, and who shall be notified of, applications made in the cases to which these Rules apply.