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The Family Procedure (Amendment No. 2) Rules 2021
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Amendment of Part 3A
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5. After rule 3A.2 (application of provisions in this Part) insert—
“Court’s duty to consider making participation directions: victims of domestic abuse
3A.2A.—(1) Subject to paragraph (2), where it is stated that a party or witness is, or is at risk of being, a victim of domestic abuse carried out by a party, a relative of another party, or a witness in the proceedings, the court must assume that the following matters are diminished—
(a)the quality of the party’s or witness’s evidence;
(b)in relation to a party, their participation in the proceedings.
(2) The party or witness concerned can request that the assumption set out in paragraph (1) does not apply to them if they do not wish it to.
(3) Where the assumption set out in paragraph (1) applies, the court must consider whether it is necessary to make one or more participation directions.”.
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