The Family Proceedings (Amendment) Rules 2004

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Family Proceedings (Amendment) Rules 2004 and shall come into force on 31st January 2005.

(2) In these Rules a reference to a rule, Appendix or form by number alone means the rule, Appendix or form so numbered in the Family Proceedings Rules 1991(1) (“the 1991 Rules”).

Transitional provisions

2.  Where proceedings have been commenced before these Rules come into force, the 1991 Rules shall apply to those proceedings as if these Rules, except rule 8(d), had not been made.

Amendments to the 1991 Rules

3.  In rule 4.4(1)(b), after “Forms” insert “C1A,”.

4.  In rule 4.4(1A)(a)—

(a) in sub-paragraph (i), for “C1 to C4” substitute “C1, C2, C3, C4”; and

(b) in sub-paragraph (ii), after “as may be appropriate,” insert—

“and (iii) in the case of an application for a section 8 order or an order under section 4(1)(c) where question 7 on Form C1, or question 4 on Form C2, is answered in the affirmative, supplemental Form C1A,”.

5.  In rule 4.4(2)(c), at the end add “, and, in the case of an application for a section 8 order or an order under section 4(1)(c), Form C1A”.

6.  In rule 4.9(1)—

(a) after “service of” insert “an application for an order under section 4(1)(c),”;

(b) after “C7” insert “and, if both parts of question 6 or question 7 (or both) on Form C7 are answered in the affirmative, Form C1A”.

7.  In rule 4.9(3), after “4.3” insert “, for an order under section 4(1)(c)”.

8.  In Appendix 1—

(a) in the list of forms after the entry relating to Form C1, in the first column insert “C1A” and in the third column insert “Supplemental Information Form”;

(b) substitute the forms set out in Schedule 1 to these Rules for Forms C1, C2 and C7;

(c) insert as Form C1A the form set out in Schedule 2 to these Rules; and

(d) for “registered health visitor” substitute “registered midwife” in-

(i) question 4 in Form C11;

(ii) question 3 in Form C12;

(iii) question 6 in Form C19; and

(iv) the section headed “The Court Directs” in Forms C25 and C28.

Falconer of Thoroton, C.

Elizabeth Buttler-Sloss, P.

Peter Hunt

Rachel Evans

Claire Jakens

Godfrey Freeman

Mark Harper

20th December 2004