The Magistrates' Courts (Family Law Reform Act 1987) (Miscellaneous Amendments) Rules 1989

• Citation: S.I. 1989/384
• Sections: 34

Section 1

These Rules may be cited as the Magistrates' Courts (Family Law Reform Act 1987) (Miscellaneous Amendments) Rules 1989 and shall come into force on 1st April 1989.

Section 2

Subject to rule 3 of these Rules, the following Rules–

The Maintenance Orders (Facilities for Enforcement) Rules 1922

The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

The Magistrates' Courts (Blood Tests) Rules 1971

The Magistrates' Courts (Guardianship of Minors) Rules 1974

The Magistrates' Courts (Forms) Rules 1981

The Magistrates' Courts Rules 1981

The Magistrates' Courts (Adoption) Rules 1984

The Magistrates' Courts (Children and Young Persons) Rules 1988

shall have effect subject to the amendments set out in the Schedule to these Rules.

Section 3

These Rules shall not apply in relation to any application to a magistrates' court, any affiliation order or any order made under a provision of the Guardianship of Minors Acts 1971 and 1973 in relation to which the Family Law Reform Act 1987 does not have effect.

Section 1 The Maintenance Orders (Facilities for Enforcement) Rules 1922

In rule 6 of the Maintenance Orders (Facilities for Enforcement) Rules 1922, for the words “an Affiliation Order” there shall be substituted the words “a magistrates' court maintenance order”.

Section 2 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In rule 9 of the Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959, and in Forms 18 and 19 in the Schedule to those Rules, for the words “affiliation Order” or “an affiliation order” in each place where they occur there shall be substituted the words “magistrates' court maintenance order” or “a magistrates' court maintenance order”, as the case may be.

Section 3 The Magistrates' Courts (Blood Tests) Rules 1971

In rule 3 of the Magistrates' Courts (Blood Tests) Rules 1971, the words “under the Affiliation Proceedings Act 1957 or any other complaint” shall be omitted.

Section 4 The Magistrates' Courts (Guardianship of Minors) Rules 1974

In the Magistrates' Courts (Guardianship of Minors) Rules 1974, for the words “minor” and “minors” in every place where they occur (except in the title of those Rules or the citation of the Guardianship of Minors Act 1971) there shall be substituted the words “child” and “children” respectively.

Section 5 The Magistrates' Courts (Guardianship of Minors) Rules 1974

In rule 2 of these Rules, in the definition of “court”, after the words “magistrates' court” there shall be inserted the words “, except as provided by rule 9(9)”.

Section 6 The Magistrates' Courts (Guardianship of Minors) Rules 1974

In rule 7 of those Rules, for the word “maintenance” there shall be substituted the word “access”.

Section 7 The Magistrates' Courts (Guardianship of Minors) Rules 1974

In rule 8(2)(a) of those Rules, for the words from “legal custody” to the words “Act of 1971” there shall be substituted the words “actual custody of the child and, if different, the person who has legal custody of the child”.

Section 8 The Magistrates' Courts (Guardianship of Minors) Rules 1974

Rule 9(3) of those Rules shall be omitted.

Section 9 The Magistrates' Courts (Guardianship of Minors) Rules 1974

For rule 9(4)(a) and (b) of those Rules there shall be substituted the following sub-paragraphs–

(a) the person specified in sub-paragraphs (a), (b) and (d) of paragraph (2);

(b) the probation officer or local authority under whose supervision the child is; and

(c) if the application is for the variation of the order, any probation officer or local authority whom it is sought to substitute for the officer or local authority under whose supervision the child is.

Section 10 The Magistrates' Courts (Guardianship of Minors) Rules 1974

In rule 9(5)(a) of those Rules, for the words “sub-paragraph (a) of paragraph (3)” there shall be substituted the words “sub-paragraphs (a) and (d) of paragraph (2)”.

Section 11 The Magistrates' Courts (Guardianship of Minors) Rules 1974

Rule 9(6) of those Rules shall be omitted.

Section 12 The Magistrates' Courts (Guardianship of Minors) Rules 1974

In rule 9(7) of those Rules, for the words “sub-paragraph (a) of paragraph (3)” there shall be substituted the words “sub-paragraphs (a) and (d) of paragraph (2)”, and the proviso shall be omitted.

Section 13 The Magistrates' Courts (Guardianship of Minors) Rules 1974

After rule 9(7) of those Rules there shall be inserted the following paragraphs–

(8) For the purposes of paragraphs (4)(a), (5)(a) and (7)(a) above, a father who was not married to the mother of a child at the time of his birth shall not be treated as a parent of that child unless he has been adjudged by a court to be the father of that child or unless he was a party to the proceedings in which the order was made.

(9) in this rule, “court” means the High Court, a county court or a magistrates' court.

Section 14 The Magistrates' Courts (Forms) Rules 1981

In Form 114 in the Schedule to the Magistrates' Courts (Forms) Rules 1981, for the reference to sections 9, 10, 11 and 12C(5) of the Guardianship of Minors Act 1971 there shall be substituted a reference to sections 11B and 11C of that Act, and the reference to section 60 of the Magistrates' Courts Act 1980 shall be omitted.

Section 15 The Magistrates' Courts Rules 1981

Rules 35 and 35A of the Magistrates' Courts Rules 1981 shall be omitted.

Section 16 The Magistrates' Courts Rules 1981

In paragraph (4)(b)(i) of rule 36 of those Rules, the reference to section 11 of the Guardianship of Minors Act 1971 shall be omitted.

Section 17 The Magistrates' Courts Rules 1981

In rules 41(1), 43, 44(1), 59(1), 61, 62, 63(1) and 69 of those Rules, for the words “affiliation order” in each place where they appear there shall be substituted the words “magistrates' court maintenance order”.

Section 18 The Magistrates' Courts Rules 1981

In rule 51 of those Rules, after the words “the Children Act 1975” there shall be inserted the word “or” and the words “or section 6A(5) of the Affiliation Proceedings Act 1957” shall be deleted.

Section 19 The Magistrates' Courts Rules 1981

In rule 105 of those Rules, after the words “section 35 of the Matrimonial Causes Act 1973” there shall be inserted the words “or under section 15 of the Family Law Reform Act 1987” and at the end of the heading to that rule there shall be inserted the words “or under s. 15 of the Family Law Reform Act 1987”.

Section 20 The Magistrates' Courts Rules 1981

In rule 106(1) of those Rules, for the words “section 60 of the Act of 1980 or section 9, 10, 11 or 12C(5)” there shall be substituted the words “sections 11B or 11C”.

Section 21 The Magistrates' Courts (Adoption) Rules 1984

In rule 5(4)(e) of the Magistrates' Courts (Adoption) Rules 1984, for the words “an illegitimate child” there shall be substituted the words “a child whose mother and father were not married at the time of his birth”.

Section 22 The Magistrates' Courts (Adoption) Rules 1984

In Schedule 1 to those Rules, in Form 1–

(a) for paragraph 11 there shall be substituted the following paragraph:

(11) The father and mother of the child were not married to each other at the time of his birth and of who is/claims to be the father–

(i) does/does not intend to apply for an order giving him all parental rights and duties with respect to the child;

(ii) does/does not intend to apply for the custody/care and control of the child.)

(b) for the note on paragraph 3 in that Form there shall be substituted the following:

Paragraph 3: If the child has previously been adopted, give the names of his adoptive parents and not those of his natural parents. If the father and mother of the child were not married to each other at the time of his birth, and a court has made an order giving the father all the parental rights and duties with respect to the child, or if the father has legal custody of the child by virtue of a court order, give details of the court order under paragraph 12.

(c) for the note on paragraphs 5 and 6 in that Form there shall be substituted the following:

Paragraphs 5 and 6: Enter either in paragraph 5 or 6 the names of the persons mentioned in paragraphs 3 and 4, except that if the father and mother of the child were not married at the time of his birth the father of the child should be entered only if a court has made an order giving him all the parental rights and duties in respect of the child or if he has legal custody of the child by virtue of a court order. Where it is sought to dispense with parental agreement, enter in paragraph 6 one or more of the grounds set out in section 12(2) of the 1975 Act.

Section 23 The Magistrates' Courts (Adoption) Rules 1984

In Form 6 in that Schedule–

(a) for the last sentence of the note on paragraph 9 there shall be substituted the following:

If the father and mother of the child were not married to each other at the time of his birth, and a court has made an order giving the father all the parental rights and duties with respect to the child, or if the father has legal custody of the child by virtue of a court order, give details of the order under paragraph 19.

(b) for the first sentence of the note of paragraphs 11 and 12 in that form there shall be substituted the following:

Paragraphs 11 and 12: Enter either in paragraph 11 or 12 the names of the persons mentioned in paragraphs 9 and 10, except that if the father and mother of the child were not married at the time of his birth the father of the child should be entered only if a court has made an order giving the father all the parental rights and duties in respect of the child or if he has legal custody of the child by virtue of a court order.

Section 24 The Magistrates' Courts (Adoption) Rules 1984

In Form 7 in that Schedule, in the fifth paragraph of the Notes, for the words from the beginning of that paragraph to the words “court order;” there shall be substituted the folowing words:

A father who was not married to the mother of a child at the time of his birth is not a parent for this purpose, but is a guardian if a court has made an order giving him all the parental rights and duties with respect to the child or if he has legal custody of the child by virtue of a court order;

Section 25 The Magistrates' Courts (Adoption) Rules 1984

In Schedule 2 to those Rules, in paragraph 1–

(a) for sub-paragraph (b) there shall be substituted the following sub-paragraph:

(b) whether the child’s father and mother were married to each other at the time ofhis birth.

(b) in sub-paragraph (i) for the words “if the child is illegitimate” there shall be substituted the words “if the father and mother of the child were not married to each other at the time of his birth”.

Section 26 The Magistrates' Courts (Adoption) Rules 1984

For the heading to paragraph 2 of the said Schedule, there shall be substituted the following:

(2) Each Natural Parent, including where appropriate the father who was not married to the child’s mother at the time of his birth.

Section 27 The Magistrates' Courts (Adoption) Rules 1984

In sub-paragraph (b) of paragraph 6 of the said Schedule, for the words “claiming to be the father of an illegitimate child” there shall be substituted the words “who was not married to the mother of the child at the time of his birth and who claims to be the father of the child”.

Section 28 The Magistrates' Courts (Children and Young Persons) Rules 1988

In the Magistrates' Courts (Children and Young Persons) Rules 1988, in rule 2(1), after the definition of the word “court”, there shall be inserted the following definition:

“parent”, in the case of a child or young person whose father and mother were not married to each other at the time of his birth, has the same meaning as it has in section 70(1A) and (1B) of the Children and Young Persons Act 1969 ;

Section 29 The Magistrates' Courts (Children and Young Persons) Rules 1988

In rule 14(3) of those Rules, after sub-paragraph (d), there shall be inserted the following sub-paragraph:

(dd) where the father and mother of the relevant infant were not married to each other at the time of his birth, any person who is known to the applicant to have made an application for an order under section 4 of the Family Law Reform Act 1987 (parental rights and duties of father) which has not yet been determined;

Section 30 The Magistrates' Courts (Children and Young Persons) Rules 1988

In rule 29(2) of those Rules–

(a) for the words “section 87(1)” in the second place where they occur there shall be substituted the words “section 87”; and

(b) after the word “applies” there shall be inserted the words “and a father of a child where an order is in force under section 4 of the Family Law Reform Act 1987 by virtue of which actual custody is shared between the mother and the father and section 8(3) of the Act of 1980 accordingly applies”.

Section 31 The Magistrates' Courts (Children and Young Persons) Rules 1988

In rule 30(1) of those Rules–

(a) the word “and” which follows the words “voluntary organisation;” in the second place where they occur shall be omitted, and

(b) there shall be inserted at the end the following words–

; and a local authority or voluntary organisation which is a party to any such proceedings and a parent who is the complainant in any such proceedings in a case where the mother and father of the child were not married to each other at the time of his birth shall send a notice specifying the time and place fixed for the hearing of the complaint to any person who is known to the local authority, voluntary organisation or parent, as the case may be, to have made an application for an order under section 4 of the Family Law Reform Act 1987 (parental rights and duties of father) which has not yet been determined.