The Family Procedure Rule

The Family Procedure Rule

Sections 12 and 48 of the Civil Jurisdiction and Judgments Act 1982(3), sections 10 and 24 of the Child Abduction and Custody Act 1985(4), section 97(1) of the Children Act 1989(5), section 54(1) of the Access to Justice Act 1999(6), sections 52(7), 102, 109(2) and 141(1) and (3) of the Adoption and Children Act 2002(7)

Litigants

Court Procedure.

The Family Procedure Rules 2010

2010 No. 2955 (L. 17)

PART 2
APPLICATION AND INTERPRETATION OF THE RULES

Application of these Rules
2.1.—(1) Unless the context otherwise requires, these rules apply to family proceedings in—
(a) the High Court;
(b) a county court; and
(c) a magistrates’ court.
(2) Nothing in these rules is to be construed as
(a) purporting to apply to proceedings in a magistrates’ court which are not family proceedings within the meaning of section 65 of the Magistrates’ Courts Act 1980(9) or
(b) conferring upon a magistrate a function which a magistrate is not permitted by statute to perform.

Interpretation
2.3.—(1) In these rules—
“the 1973 Act” means the Matrimonial Causes Act 1973(10);
“the 1978 Act” means the Domestic Proceedings and Magistrates’ Courts Act 1978(11);
“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(12);
“the 1986 Act” means the Family Law Act 1986(13);
“the 1989 Act” means the Children Act 1989;
“the 1990 Act” means the Human Fertilisation and Embryology Act 1990(14);

“the 1991 Act” means the Child Support Act 1991(15);
“the 1996 Act” means the Family Law Act 1996(16);
“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(17);
“the 2008 Act” means the Human Fertilisation and Embryology Act 2008(18);
“adoption proceedings” means proceedings for an adoption order under the 2002 Act;
“Allocation Order” means any order made by the Lord Chancellor under Part 1 of Schedule 11to the 1989 Act;
“alternative dispute resolution” means methods of resolving a dispute, including mediation, other than through the normal court process;
“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;
“Assembly” means the National Assembly for Wales;
“bank holiday” means a bank holiday under the Banking and Financial Dealings Act
1971(19) —
(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
(b) for all other purposes, in England and Wales.
“business day” means any day other than—
(a) a Saturday, Sunday, Christmas Day or Good Friday; or
(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;
“child” means a person under the age of 18 years who is the subject of the proceedings; except
that—
(a) in adoption proceedings, it also includes a person who has attained the age of 18 years before the proceedings are concluded; and
(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;
“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(20)
Act or section 102(3)(b) of the 2002 Act;
children’s guardian” means—
(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
(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;
“civil partnership proceedings county court” means a county court so designated by the Lord Chancellor under section 36A of the 1984 Act(21);
“civil restraint order” means an order restraining a party—
(a) from making any further applications in current proceedings (a limited civil restraint order);
(b) from making certain applications in specified courts (an extended civil restraint order); or
(c) from making any application in specified courts (a general civil restraint order);
Commission” means the Child Maintenance and Enforcement Commission;
“consent order” means an order in the terms applied for to which the respondent agrees;
contact order” has the meaning assigned to it by section 8(1) of the 1989 Act;
“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 .. Click here to read more (page 3- 4)  >>> 

CHAPTER 5

Adoption of a child who is a ward of court
12.42. An application for permission—
(a) to start proceedings to adopt a child who is a ward of court;
(b) to place such a child for adoption with parental consent; or
(c) to start proceedings for a placement order in relation to such a child,
may be made without notice in accordance with Part 18. Click here to read more (page 118)  >>>

Adoption

Adoption (Photo credit: Wikipedia)

 

Children Act 1989

The monarch is immune from arrest in all cases, and members of the royal household are also immune from arrest in civil proceedings. No arrest can be made “in the monarch’s presence”, or within the “verges” of a royal palace. When a royal palace is used as a residence (regardless of whether the monarch is actually living there at the time), judicial processes cannot be executed within that palace.

Tags:The Family Procedure Rules 20102010 No. 2955 (L. 17)

2 thoughts on “The Family Procedure Rule

  1. Pingback: The Family Procedure Rule | Public Law Children Act Cases | Scoop.it

  2. Pingback: The Family Procedure Rule | Xpose Corrupt Courts | Scoop.it

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s