The Family Proceedings Courts (Miscellaneous Amendments) Rules 1992

• Citation: S.I. 1992/2068
• Sections: 15

Section 1

(1) These Rules may be cited as the Family Proceedings Courts (Miscellaneous Amendments) Rules 1992 and shall come into force on 5th October 1992.

(2) Paragraph 3 of the Schedule to these Rules shall not have effect in relation to a written report the making of which was directed before the commencement of that paragraph.

Section 2

The following Rules—

The Family Proceedings Courts (Children Act 1989) Rules 1991 ;

The Family Proceedings Courts (Matrimonial Proceedings etc. ) Rules 1991 ;

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

Section 1 The Family Proceedings Courts (Children Act 1989) Rules 1991

In rule 4(4) and (21)(8) of the Family Proceedings Courts (Children Act 1989) Rules 1991, for the words “prohibited steps order, or a specific issue order, under section 8” there shall in both places where they occur be substituted the words “section 8 order”.

Section 2 The Family Proceedings Courts (Children Act 1989) Rules 1991

For rule 8(8) of those Rules, there shall be substituted the following—

(8) In any relevant proceedings, where these rules require a document to be served, the court or the justices' clerk may, without prejudice to any power under rule 14, direct that—

(a) the requirement shall not apply;

(b) the time specified by the rules for complying with the requirement shall be abridged to such extent as may be specified in the direction;

(c) service shall be effected in such manner as may be specified in the direction.

Section 3 The Family Proceedings Courts (Children Act 1989) Rules 1991

For rule 13 of those Rules, there shall be substituted the following—

Welfare officer

(13)

(1) Where the court or a justices' clerk has directed that a written report be made by a welfare officer, the report shall be filed at or by such time as the court or justices' clerk directs or, in the absence of such a direction, at least 14 days before a relevant hearing; and the justices' clerk shall, as soon as practicable, serve a copy of the report on the parties and any guardian ad litem.

(2) In paragraph (1), a hearing is relevant if the justices' clerk has given the welfare officer notice that his report is to be considered at it.

(3) After the filing of a written report by a welfare officer, the court or the justices' clerk may direct that the welfare officer attend any hearing at which the report is to be considered; and

(a) except where such a direction is given at a hearing attended by the welfare officer, the justices' clerk shall inform the welfare officer of the direction; and

(b) at the hearing at which the report is considered any party may question the welfare officer about his report.

(4) This rule is without prejudice to the court’s power to give directions under rule 14.

Section 4 The Family Proceedings Courts (Children Act 1989) Rules 1991

In rule 17(1)(a) of those Rules, at the end of paragraph (ii) the word “and” shall be omitted and after paragraph (iii) there shall be added the following—

(iv) show in the top right hand corner of the first page—

(a) the initials and surname of the person making the statement,

(b) the number of the statement in relation to the maker,

(c) the date on which the statement was made, and

(d) the party on whose behalf it is filed; and

Section 5 The Family Proceedings Courts (Children Act 1989) Rules 1991

In rule 21(8)(b) of those Rules—

(a) there shall be inserted after “50”, the word “or”; and

(b) “or 102(1)” shall be omitted.

Section 6 The Family Proceedings Courts (Children Act 1989) Rules 1991

In rule 25 of those Rules—

(a) at the end of paragraph (a) there shall be inserted the word “or”; and

(b) paragraph (b) shall be omitted.

Section 7 The Family Proceedings Courts (Children Act 1989) Rules 1991

In Schedule 1 to those Rules—

(a) For Form CHA7 ([Contact] [Residence] Order) there shall be substituted the form contained in Appendix 1 to this Schedule;

(b) in Form CHA 13 (Application for Financial Provision for Children), for pages 5 and 6 of that Form there shall be substituted the pages contained in Appendix 2 to this Schedule, and the remaining page of that Form shall be renumbered accordingly;

(c) in Form CHA 13A (Respondent’s Answer), for page 2 of that Form there shall be substituted the page contained in Appendix 3 to this Schedule;

(d) in Form CHA 14 (Statement of Means), for pages 2 and 3 of that Form there shall be substituted the pages contained in Appendix 4 to this Schedule;

(e) in Form CHA 15 (Application for the [Variation] [Discharge] of an order for Financial Provision), for pages 1 and 2 of that Form there shall be substituted the pages contained in Appendix 5 to this Schedule; and

(f) in Form CHA 45 (Application for a Recovery Order), in paragraph (a) of the section of that Form headed “[2] About the application”, after the words “an emergency protection order” there shall be inserted “or care order”.

Section 8 The Family Proceedings Courts (Children Act 1989) Rules 1991

In Schedule 2 of those Rules, the entry hitherto relating to section 8 and Schedule 1 shall be omitted.

Section 9 The Family Proceedings Courts (Children Act 1989) Rules 1991

In the entry relating to section 4(1)(a), 4(3) etc in Schedule 2 of those Rules,—

(a) after “6(7),” in column (i) there shall be inserted the figure “8”;

(b) after “77(6)” in column (i) there shall be inserted “Schedule 1”;

(c) for the words “in the case or proceedings” in column (ii) there shall be substituted the words “in the case of proceedings”.

(d) after the paragraph relating to section 77(6) in column (iii) there shall be inserted the words: “in the case of proceedings under Schedule 1, those persons whom the applicant believes to be interested in or affected by the proceedings;”; and

(e) at the end of column (iii) there shall be inserted the following paragraph—

in the case of an application for a section 8 order, every person whom the applicant believes—

(i) to be named in a court order with respect to the same child, which has not ceased to have effect,

(ii) to be a party to pending proceedings in respect of the same child, or

(iii) to be a person with whom the child has lived for at least three years prior to the application,

unless, in a case to which (i) or (ii) applies, the applicant believes that the court order or pending proceedings are not relevant to the application.

Section 10 The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

In rule 3(4) of the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991, for the words “section 16(6)” there shall be substituted “section 16(2) and (6)”.

Section 11 The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

In rule 9(1) of those Rules, the words “subject to paragraph 4,” shall be omitted.

Section 12 The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

In Schedule 1 to those Rules—

(1) In Form 1 (Application for Order under Section 2), Form 2 (Application for Order under Section 6), Form 3 (Application for Order under Section 7) and Form 4 (Application for Order under Section 20), there shall in each case be inserted—

(a) immediately above the applicant’s declaration that the information he has given is correct and complete to the best of his knowledge, the following:—

Section 13 The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

In Schedule 1, in Form 9 (Orders under Section 2, 6 or 7), for the words “[All payments under the above orders are to be made to the justices' clerk]” there shall be substituted “Payments under the above orders are to be made in the following way:”.