The Family Proceedings (Amendment) Rules 2004

Statutory Instruments

2004 No. 3375 (L. 25)

FAMILY PROCEEDINGS, ENGLAND AND WALES

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Family Proceedings (Amendment) Rules 2004

Made

20th December 2004

Laid before Parliament

22nd December 2004

Coming into force

31st January 2005

We, the authority having power under section 40(1) of the Matrimonial and Family Proceedings Act 1984(1) to make rules of court for the purposes of family proceedings in the High Court and county courts, in the exercise of the powers conferred by section 40, make the following Rules:

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(2) (“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

Rule 8(b)

SCHEDULE 1

Rule 8(c)

SCHEDULE 2

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Rules 1991 (S.I.1991/1247) (“the 1991 Rules”) to make changes linked to the amendments to the Children Act 1989 in respect of the definition of “harm”.

Where a section 8 order or an order for parental responsibility is sought, the applicant will give the court information where a child has suffered or is at risk of suffering harm.

Rules 3, 4 and 5 make an amendment to provide for the service of new Form C1(A) as part of the application filed under rule 4.4(1)(a) of the 1991 Rules. Rule 4 provides that the applicant’s Form C1A is to be filed with an application for a section 8 order or an order under section 4(1)(c) if question 7 on Form C1, or question 4 on Form C2, is completed in the affirmative. Rule 5 provides that a blank Form C1A should be given to the applicant with the copies of the application when the documents are filed, in order that it may be served on the respondent(s). Rule 3 provides that the applicant shall serve the blank copy of Form C1A on each respondent.

Rule 6 amends rule 4.9(1) of the 1991 Rules to provide that in applications for an order for parental responsibility or for a section 8 order, the respondent shall file and serve Form C1A in addition to the acknowledgement of application Form C7 if both parts of question 6 or question 7 (or both), on Form C7 are answered in the affirmative. Rule 7 makes a consequential amendment to rule 4.9(3) of the 1991 Rules.

Rule 8 amends the list of forms at the beginning of Appendix 1 to the 1991 Rules to provide for new Form C1A, substitutes Forms C1, C2, C7 and inserts new Form C1A into Appendix 1. Rule 8 also makes amendments to Forms C11, C12, C19, C25 and C28 which are consequential to the amendments made to the Children Act 1989 by paragraph 10 of Schedule 5 to the Nursing and Midwifery Order 2001 (S.I. 2002/253).

(1)

1984 c. 42; amended by paragraph 50 of Schedule 18 to the Courts and Legal Services Act 1990 (c. 41) and paragraph 278 of Schedule 8, and Schedule 10, to the Courts Act 2003 from a date to be appointed.

(2)

S.I. 1991/1247; amended by S.I. 1994/3155; there are other amending instruments but none is relevant.