In these rules—

• F1“the 1958 Act” means the Maintenance Orders Act 1958;

• “the 1973 Act” means the Matrimonial Causes Act 1973 M1;

• “the 1978 Act” means the Domestic Proceedings and Magistrates' Courts Act 1978 M2;

• “the 1980 Hague Convention” means the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25 October 1980;

• “the 1984 Act” means the Matrimonial and Family Proceedings Act 1984 M3;

• “the 1986 Act” means the Family Law Act 1986 M4;

• “the 1989 Act” means the Children Act 1989;

• “the 1990 Act” means the Human Fertilisation and Embryology Act 1990 M5;

• “the 1991 Act” means the Child Support Act 1991 M6;

• “the 1996 Act” means the Family Law Act 1996 M7;

• “the 1996 Hague Convention” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children;

• “the 2002 Act” means the Adoption and Children Act 2002;

• “the 2004 Act” means the Civil Partnership Act 2004;

• “the 2005 Act” means the Mental Capacity Act 2005 M8;

• F11“the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;

• “the 2008 Act” means the Human Fertilisation and Embryology Act 2008 M9;

• F13“the 2014 Act” means the Children and Families Act 2014

• “adoption proceedings” means proceedings for an adoption order under the 2002 Act;

• F21...

• F14...

• “application form” means a document in which the applicant states his intention to seek a court order other than in accordance with the Part 18 procedure;

• “application notice” means a document in which the applicant states his intention to seek a court order in accordance with the Part 18 procedure;

• F12“Article 11 form” means a form published by the Permanent Bureau of the Hague Conference under Article 11(4) of the 2007 Hague Convention for use in relation to an application under Article 10 of that Convention, and includes a Financial Circumstances Form as defined in rule 9.3(1) which accompanies such an application;

• “Assembly” means the National Assembly for Wales;

• “bank holiday” means a bank holiday under the Banking and Financial Dealings Act 1971 M10 —

  1. a

     for the purpose of service of a document within the United Kingdom, in the part of the United Kingdom where service is to take place; and

  2. b

     for all other purposes, in England and Wales.

• “business day” means any day other than—

  1. a

     a Saturday, Sunday, Christmas Day or Good Friday; or

  2. b

     a bank holiday;

• “care order” has the meaning assigned to it by section 31(11) of the 1989 Act;

• “CCR” means the County Court Rules 1981, as they appear in Schedule 2 to the CPR F18...;

• “child” means a person under the age of 18 years who is the subject of the proceedings; except that—

  1. a

     in adoption proceedings, it also includes a person who has attained the age of 18 years before the proceedings are concluded; and

  2. b

     in proceedings brought under the Council Regulation, the 1980 Hague Convention or the European Convention, it means a person under the age of 16 years who is the subject of the proceedings;

• F16“child arrangements order” has the meaning given to it by section 8(1) of the 1989 Act;

• “child of the family” has the meaning given to it by section 105(1) of the 1989 Act;

• “children and family reporter” means an officer of the Service or a Welsh family proceedings officer who has been asked to prepare a welfare report under section 7(1)(a) of the 1989 M11 Act or section 102(3)(b) of the 2002 Act;

• “children's guardian” means—

  1. a

     in relation to a child who is the subject of and a party to specified proceedings or proceedings to which Part 14 applies, the person appointed in accordance with rule 16.3(1); and

  2. b

     in any other case, the person appointed in accordance with rule 16.4;

• “civil partnership order” means one of the orders mentioned in section 37 of the 2004 Act;

• “civil partnership proceedings” means proceedings for a civil partnership order;

• F22...

• “civil restraint order” means an order restraining a party—

  1. a

     from making any further applications in current proceedings (a limited civil restraint order);

  2. b

     from making certain applications in specified courts (an extended civil restraint order); or

  3. c

     from making any application in specified courts (a general civil restraint order);

• F8...

• “consent order” means an order in the terms applied for to which the respondent agrees;

• F17...

• “the Council Regulation” means Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility;

• “court” means, subject to any rule or other enactment which provides otherwise, the High Court, F29or the family court;

  (rule 2.5 relates to the power to perform functions of the court.)

• F23...

• “court officer” means F30a member of court staff;

• “CPR” means the Civil Procedure Rules 1998;

• “deputy” has the meaning given in section 16(2)(b) of the 2005 Act;

• F24...

• “detailed assessment proceedings” means the procedure by which the amount of costs is decided in accordance with Part 47 of the CPR;

• “directions appointment” means a hearing for directions;

• F25...

• F26...

• F27...

• “the European Convention” means the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on the Restoration of Custody of Children which was signed in Luxembourg on 20 May 1980;

• “filing”, in relation to a document, means delivering it, by post or otherwise, to the court office;

• “financial order” means—

  1. a

     an avoidance of disposition order;

  2. b

     an order for maintenance pending suit;

  3. c

     an order for maintenance pending outcome of proceedings;

  4. d

     an order for periodical payments or lump sum provision as mentioned in section 21(1) of the 1973 Act M12, except an order under section 27(6) of that Act M13;

  5. e

     an order for periodical payments or lump sum provision as mentioned in paragraph 2(1) of Schedule 5 to the 2004 Act, made under Part 1 of Schedule 5 to that Act;

  6. f

     a property adjustment order;

  7. g

     a variation order;

  8. h

     a pension sharing order; or

  9. i

     a pension compensation sharing order; (“variation order”, “pension compensation sharing order” and “pension sharing order” are defined in rule 9.3.)

• “financial remedy” means—

  1. a

     a financial order;

  2. b

     an order under Schedule 1 to the 1989 Act;

  3. c

     an order under Part 3 of the 1984 Act F3except an application under section 13 of the 1984 Act for permission to apply for a financial remedy ;

  4. d

     an order under Schedule 7 to the 2004 Act F4except an application under paragraph 4 of Schedule 7 to the 2004 Act for permission to apply for an order under paragraph 9 or 13 of that Schedule ;

  5. e

     an order under section 27 of the 1973 Act;

  6. f

     an order under Part 9 of Schedule 5 to the 2004 Act;

  7. g

     an order under section 35 of the 1973 Act M14;

  8. h

     an order under paragraph 69 of Schedule 5 to the 2004 Act;

  9. i

     an order under Part 1 of the 1978 Act;

  10. j

      an order under Schedule 6 to the 2004 Act;

  11. k

      an order under section 10(2) of the 1973 Act M15; or

  12. l

      an order under section 48(2) of the 2004 Act;

• “hearing” includes a directions appointment;

• “hearsay” means a statement made, otherwise than by a person while giving oral evidence in proceedings, which is tendered as evidence of the matters stated, and references to hearsay include hearsay of whatever degree;

• “inherent jurisdiction” means the High Court's power to make any order or determine any issue in respect of a child, including in wardship proceedings, where it would be just and equitable to do so unless restricted by legislation or case law;

  (Practice Direction 12D (Inherent Jurisdiction (including Wardship Proceedings)) provides examples of inherent jurisdiction proceedings.)

• F20“judge” means—

  1. a

     in the High Court, a judge or a district judge of that court (including a district judge of the principal registry) or a person authorised to act as such; and

  2. b

     in the family court, a person who is—

     1. i

        the Lord Chief Justice;

     2. ii

        the Master of the Rolls;

     3. iii

        the President of the Queen's Bench Division;

     4. iv

        the President of the Family Division;

     5. v

        the Chancellor of the High Court;

     6. vi

        an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);

     7. vii

        the Senior President of Tribunals;

     8. viii

        a puisne judge of the High Court;

     9. ix

        a deputy judge of the High Court;

     10. x

         a person who has been a judge of the Court of Appeal or a puisne judge of the High Court who may act as a judge of the family court by virtue of section 9 of the Senior Courts Act 1981;

     11. xi

         the Chief Taxing Master;

     12. xii

         a taxing master of the Senior Courts;

     13. xiii

         a person appointed to act as a deputy for the person holding office referred to in sub-paragraph (xii) or to act as a temporary additional officer for any such office;

     14. xiv

         a circuit judge;

     15. xv

         a Recorder;

     16. xvi

         the Senior District Judge of the Family Division;

     17. xvii

         a district judge of the principal registry;

     18. xviii

         a person appointed to act as a deputy for the person holding office referred to in sub-paragraph (xvii) or to act as a temporary additional office holder for any such office;

     19. xix

         a district judge;

     20. xx

         a deputy district judge appointed under section 102 of the Senior Courts Act 1981 or section 8 of the County Courts Act 1984;

     21. xxi

         a District Judge (Magistrates’ Courts);

     22. xxii

         a lay justice;

     23. xxiii

         any other judge referred to in section 31C(1) of the 1984 Act who is authorised by the President of the Family Division to conduct particular business in the family court;

• “jurisdiction” means, unless the context requires otherwise, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales;

• “justices' clerk” has the meaning assigned to it by section 27(1) of the Courts Act 2003 M16;

• F19“lay justice” means a justice of the peace who is not a District Judge (Magistrates’ Courts);

• “legal representative” means a—

  1. a

     barrister;

  2. b

     solicitor;

  3. c

     solicitor's employee;

  4. d

     manager of a body recognised under section 9 of the Administration of Justice Act 1985 M17; or

  5. e

     person who, for the purposes of the Legal Services Act 2007 M18, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of the Act),

  who has been instructed to act for a party in relation to proceedings;

• “litigation friend” has the meaning given—

  1. a

     in relation to a protected party, by Part 15; and

  2. b

     in relation to a child, by Part 16;

• F2“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 of 18th December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations, including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;

• “matrimonial cause” means proceedings for a matrimonial order;

• “matrimonial order” means—

  1. a

     a decree of divorce made under section 1 of the 1973 Act M19;

  2. b

     a decree of nullity made on one of the grounds set out in sections 11 or 12 of the 1973 Act M20;

  3. c

     a decree of judicial separation made under section 17 of the 1973 Act M21;

• F15“non-court dispute resolution” means methods of resolving a dispute, including mediation, other than through the normal court process;

• “note” includes a record made by mechanical means;

• “officer of the Service” has the meaning given by section 11(3) of the Criminal Justice and Court Services Act 2000;

• “order” includes directions of the court;

• “order for maintenance pending outcome of proceedings” means an order under paragraph 38 of Schedule 5 to the 2004 Act;

• “order for maintenance pending suit” means an order under section 22 of the 1973 Act M22;

• “parental order proceedings” has the meaning assigned to it by rule 13.1;

• “parental responsibility” has the meaning assigned to it by section 3 of the 1989 Act;

• “placement proceedings” means proceedings for the making, varying or revoking of a placement order under the 2002 Act;

• “principal registry” means the principal registry of the Family Division of the High Court;

• “proceedings” means, unless the context requires otherwise, family proceedings as defined in section 75(3) of the Courts Act 2003;

• “professional acting in furtherance of the protection of children” includes—

  1. a

     an officer of a local authority exercising child protection functions;

  2. b

     a police officer who is—

     1. i

        exercising powers under section 46 of the Act of 1989; or

     2. ii

        serving in a child protection unit or a paedophile unit of a police force;

  3. c

     any professional person attending a child protection conference or review in relation to a child who is the subject of the proceedings to which the information regarding the proceedings held in private relates F5;

  4. d

     an officer of the National Society for the Prevention of Cruelty to Children; F6or

  5. e

     F7a member or employee of the F9Disclosure and Barring Service, being the body established under F10section 87(1) of the Protection of Freedoms Act 2012;

• “professional legal adviser” means a—

  1. a

     barrister;

  2. b

     solicitor;

  3. c

     solicitor's employee;

  4. d

     manager of a body recognised under section 9 of the Administration of Justice Act 1985; or

  5. e

     person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act),

  who is providing advice to a party but is not instructed to represent that party in the proceedings;

• “property adjustment order” means—

  1. a

     in proceedings under the 1973 Act, any of the orders mentioned in section 21(2) of that Act;

  2. b

     in proceedings under the 1984 Act, an order under section 17(1)(a)(ii) of that Act;

  3. c

     in proceedings under Schedule 5 to the 2004 Act, any of the orders mentioned in paragraph 7(1); or

  4. d

     in proceedings under Schedule 7 to the 2004 Act, an order for property adjustment under paragraph 9(2) or (3);

• “protected party” means a party, or an intended party, who lacks capacity (within the meaning of the 2005 Act) to conduct proceedings;

• “reporting officer” means an officer of the Service or a Welsh family proceedings officer appointed to witness the documents which signify a parent's or guardian's consent to the placing of the child for adoption or to the making of an adoption order or a section 84 order;

• “risk assessment” has the meaning assigned to it by section 16A(3) of the 1989 Act;

• F28...

• “RSC” means the Rules of the Supreme Court 1965 as they appear in Schedule 1 to the CPR F18...;

• “section 8 order” has the meaning assigned to it by section 8(2) of the 1989 Act;

• “section 84 order” means an order made by the High Court under section 84 of the 2002 Act giving parental responsibility prior to adoption abroad;

• “section 89 order” means an order made by the High Court under section 89 of the 2002 Act—

  1. a

     annulling a Convention adoption or Convention adoption order;

  2. b

     providing for an overseas adoption or determination under section 91 of the 2002 Act to cease to be valid; or

  3. c

     deciding the extent, if any, to which a determination under section 91 of the 2002 Act has been affected by a subsequent determination under that section;

• “Service” has the meaning given by section 11 of the Criminal Justice and Court Services Act 2000;

• “the Service Regulation” means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No. 1348/2000, as amended from time to time and as applied by the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil and commercial matters;

• “specified proceedings” has the meaning assigned to it by section 41(6) of the 1989 Act and rule 12.27;

• “welfare officer” means a person who has been asked to prepare a report under section 7(1)(b) of the 1989 Act M23;

• “Welsh family proceedings officer” has the meaning given by section 35(4) of the Children Act 2004.

F31Where these rules apply the CPR, they apply the CPR as amended from time to time.

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