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.