The Family Procedure Rules 2010

Specific modifications of the CCR E+W

33.7.—(1) CCR Order 29, rule 1 (committal for breach of an order or undertaking) applies to—

(a) section 8 orders, except those referred to in paragraph (2)(a); and

(b) orders under the following sections of the 1989 Act M1 —

(i) section 14A (special guardianship orders);

(ii) section 14B(2)(b) (granting of permission on making a special guardianship order to remove a child from the United Kingdom);

(iii) section 14C(3)(b) (granting of permission to remove from the United Kingdom a child who is subject to a special guardianship order); and

(iv) section 14D (variation or discharge of a special guardianship order),

as if paragraph (3) of that rule were substituted by the following paragraph—

“(3) In the case of a section 8 order (within the meaning of section 8(2) of the Children Act 1989) or an order under section 14A, 14B(2)(b), 14C(3)(b) or 14D of the Children Act 1989 enforceable by committal order under paragraph (1), the judge or the district judge may, on the application of the person entitled to enforce the order, direct that the proper officer issue a copy of the order, endorsed with or incorporating a notice as to the consequences of disobedience, for service in accordance with paragraph (2), and no copy of the order shall be issued with any such notice endorsed or incorporated save in accordance with such a direction.”.

(2) CCR Order 29, rule 1 applies to—

(a) contact orders to which a notice has been attached under section 11I of the 1989 Act M2 or under section 8(2) of the Children and Adoption Act 2006;

(b) orders under section 11J of the 1989 Act (enforcement orders); and

(c) orders under paragraph 9 of Schedule A1 to the 1989 Act (orders following breach of enforcement orders),

as if paragraph (3) were omitted.

Marginal Citations

M1 Sections 14A, 14B, 14C and 14D were inserted by section 115(1) of the Adoption and Children Act 2002 and amended by section 38 of the Children and Young Persons Act 2008.

M2 Section 11I was inserted by section 3 of the Children and Adoption Act 2006.