Amendment to the 1996 Rules32
In rule 2.37 (Procedure for complying with Article 44 of the Order of 1978)—
a
in the heading, after “the Order of 1978” insert “or section 186 of the Act of 2004”;
b
in paragraph (1), after “the Order of 1978” insert “or section 186(1) of the Act of 2004, as the case may be,”;
c
in paragraph (2)—
i
for sub-paragraph (a) substitute—
a
there are no children of the family to whom—
i
in a matrimonial cause, Article 44 of the Order of 1978 applies; or
ii
in a civil partnership cause, section 186 of the Act of 2004 applies, or
ii
in sub-paragraph (b), for “any directions under Article 44 of the Order of 1978” substitute “a relevant direction”;
d
in paragraph (3), for “Article 44 of the Order of 1978” substitute “his power to give a relevant direction”;
e
in paragraph (4), for “direction under Article 44(2) of the Order of 1978” substitute “relevant direction”; and
f
for paragraph (5) substitute—
5
In this rule—
a
parties means the petitioner, the respondent and any person who appears to the court to have the care of the child; and
b
“relevant direction” means a direction—
i
in a matrimonial cause, under Article 44(2) of the Order of 1978, and
ii
in a civil partnership cause, under section 186(2) of the Act of 2004.