The Family Procedure Rules 2010

The procedure for complying with section 41 of 1973 Act or section 63 of 2004 Act E+W

7.25.—(1) Before the court—

(a) gives a direction under rule 7.20(2)(a); or

(b) makes—

(i) in matrimonial proceedings, a decree nisi or decree of judicial separation; or

(ii) in civil partnership proceedings, a conditional order or a separation order,

it must consider the matters set out in paragraph (2).

(2) The matters referred to in paragraph (1) are—

(a) whether there are any children of the family to whom section 41(1) of the 1973 Act or section 63(1) of the 2004 Act (as the case may be) applies; and

(b) if there are such children, and no application is pending in relation to them under Part 1 or 2 of the 1989 Act, the matters set out in section 41(1)(b) of the 1973 Act or in section 63(1)(b) of the 2004 Act (as the case may be).

(3) Where the court is satisfied that—

(a) there are no children of the family to whom—

(i) in matrimonial proceedings, section 41 of the 1973 Act applies; and

(ii) in civil partnership proceedings, section 63 of the 2004 Act applies; or

(b) there are such children but the court need not exercise its powers under the 1989 Act or its power to give a relevant direction with respect to any of them,

it must give a certificate to that effect.

(4) Where the court does not issue a certificate under paragraph (3) it may direct that—

(a) the parties, or any of them, must file further evidence relating to the arrangements for the children and may direct what specific matters must be dealt with in that evidence;

(b) a welfare report on the children, or any of them, be prepared;

(c) the parties, or any of them, attend a hearing for the court to consider the matter.

(5) Where the court makes a direction under paragraph (4) or a relevant direction, it must state in writing—

(a) its reasons for doing so; and

(b) in the case of a relevant direction, the exceptional circumstances which make it desirable in the interests of the child that the court should make such a direction.

(6) Nothing in this rule affects the court's power to make an order under the 1989 Act or a relevant direction.

(7) The court officer must send the parties—

(a) a copy of any certificate given under paragraph (3);

(b) a copy of any direction made under paragraph (4);

(c) a copy of any relevant direction; and

(d) a copy of any statement under paragraph (5).

(8) In this rule—

“parties” means a party to the marriage or civil partnership concerned and any person who appears to the court to have the care of any child of the family; and

“relevant direction” means—

(a)

in matrimonial proceedings, a direction under section 41(2) of the 1973 Act;

(b)

in civil partnership proceedings, a direction under section 63(2) of the 2004 Act.