The Family Procedure Rules 2010

• Citation: S.I. 2010/2955
• Sections: 850

Section 1 The overriding objective

(1) These rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly, having regard to any welfare issues involved.

(2) Dealing with a case justly includes, so far as is practicable—

(a) ensuring that it is dealt with expeditiously and fairly;

(b) dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues;

(c) ensuring that the parties are on an equal footing;

(d) saving expense; and

(e) allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases.

Section 1 Application by the court of the overriding objective

The court must seek to give effect to the overriding objective when it—

(a) exercises any power given to it by these rules; or

(b) interprets any rule.

Section 1 Duty of the parties

The parties are required to help the court to further the overriding objective.

Section 1 Court's duty to manage cases

(1) The court must further the overriding objective by actively managing cases.

(2) Active case management includes—

(a) setting timetables or otherwise controlling the progress of the case;

(b) identifying at an early stage—

(i) the issues; and

(ii) who should be a party to the proceedings;

(c) deciding promptly—

(i) which issues need full investigation and hearing and which do not; and

(ii) the procedure to be followed in the case;

(d) deciding the order in which issues are to be resolved;

(e) controlling the use of expert evidence;

(f) encouraging the parties to use a non-court dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure;

(g) helping the parties to settle the whole or part of the case;

(h) encouraging the parties to co-operate with each other in the conduct of proceedings;

(i) considering whether the likely benefits of taking a particular step justify the cost of taking it;

(j) dealing with as many aspects of the case as it can on the same occasion;

(k) dealing with the case without the parties needing to attend at court;

(l) making use of technology; and

(m) giving directions to ensure that the case proceeds quickly and efficiently.

Section 1.5 The Welsh language

(1) Nothing in the overriding objective undermines the principles provided by section 1 of the Welsh Language (Wales) Measure 2011 that the Welsh language has official status in Wales or by section 22 of the Welsh Language Act 1993 that in any legal proceedings in Wales the Welsh language may be used by any person who desires to use it.

(2) The parties are required to assist the court to put into effect the principles set out in paragraph (1).

Section 2 Application of these Rules

Unless the context otherwise requires, these rules apply to family proceedings in—

(a) the High Court; and

(b) the family court.

Section 2 The glossary

(1) The glossary at the end of these rules is a guide to the meaning of certain legal expressions used in the rules, but is not to be taken as giving those expressions any meaning in the rules which they do not have in the law generally.

(2) Subject to paragraph (3), words in these rules which are included in the glossary are followed by “GL” .

(3) The word “service”, which appears frequently in the rules, is included in the glossary but is not followed by “GL” .

Section 2 Interpretation

(1) In these rules—

“the 1958 Act ” means the Maintenance Orders Act 1958;

“ the 1973 Act ” means the Matrimonial Causes Act 1973 ;

“ the 1978 Act ” means the Domestic Proceedings and Magistrates' Courts Act 1978 ;

“ 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 ;

“ the 1986 Act ” means the Family Law Act 1986 ;

“ the 1989 Act ” means the Children Act 1989;

“ the 1990 Act ” means the Human Fertilisation and Embryology Act 1990 ;

“ the 1991 Act ” means the Child Support Act 1991 ;

“ the 1996 Act ” means the Family Law Act 1996 ;

“ 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 ;

“the 2007 Hague Convention ” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;

“ the 2008 Act ” means the Human Fertilisation and Embryology Act 2008 ;

“the 2014 Act ” means the Children and Families Act 2014

“ adoption proceedings ” means proceedings for an adoption order under the 2002 Act;

...

...

“ 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;

“Article 11 form” means a form published by the Permanent Bureau of the Hague Conference under Article 11(4) of the 2007 Hague Convention for use in relation to an application under Article 10 of that Convention, and includes a Financial Circumstances Form as defined in rule 9.3(1) which accompanies such an application;

“ Assembly ” means the National Assembly for Wales;

“ bank holiday ” means a bank holiday under the Banking and Financial Dealings Act 1971 —

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

for all other purposes, in England and Wales.

“ business day ” means any day other than—

a Saturday, Sunday, Christmas Day or Good Friday; or

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—

in adoption proceedings, it also includes a person who has attained the age of 18 years before the proceedings are concluded; and

in proceedings brought under ... 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 arrangements order” has the meaning given to it by section 8(1) of the 1989 Act;

“ 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 Act or section 102(3)(b) of the 2002 Act;

“ children's guardian ” means—

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

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 restraint order ” means an order restraining a party—

from making any further applications in current proceedings (a limited civil restraint order);

from making certain applications in specified courts (an extended civil restraint order); or

from making any application in specified courts (a general civil restraint order);

...

“ consent order ” means an order in the terms applied for to which the respondent agrees;

...

...

“ court ” means, subject to any rule or other enactment which provides otherwise, the High Court, or the family court ;

(rule 2.5 relates to the power to perform functions of the court.)

...

“ court officer ” means a member of court staff ;

“ CPR ” means the Civil Procedure Rules 1998;

“ deputy ” has the meaning given in section 16(2)(b) of the 2005 Act;

...

“ detailed assessment proceedings ” means the procedure by which the amount of costs is decided in accordance with Part 47 of the CPR;

“ directions appointment ” means a hearing for directions;

“ domestic abuse ” has the meaning given in sections 1 and 2 of the Domestic Abuse Act 2021 ;

...

...

...

“ the European Convention ” means the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on the Restoration of Custody of Children which was signed in Luxembourg on 20 May 1980;

“ filing ”, in relation to a document, means delivering it, by post or otherwise, to the court office;

“ financial order ” means—

an avoidance of disposition order;

an order for maintenance pending suit;

an order for maintenance pending outcome of proceedings;

an order for periodical payments or lump sum provision as mentioned in section 21(1) of the 1973 Act , except an order under section 27(6) of that Act ;

an order for periodical payments or lump sum provision as mentioned in paragraph 2(1) of Schedule 5 to the 2004 Act, made under Part 1 of Schedule 5 to that Act;

a property adjustment order;

a variation order;

a pension sharing order; or

a pension compensation sharing order; (“variation order”, “ pension compensation sharing order ” and “ pension sharing order ” are defined in rule 9.3.)

“ financial remedy ” means—

a financial order;

an order under Schedule 1 to the 1989 Act;

an order under Part 3 of the 1984 Act except an application under section 13 of the 1984 Act for permission to apply for a financial remedy ;

an order under Schedule 7 to the 2004 Act except an application under paragraph 4 of Schedule 7 to the 2004 Act for permission to apply for an order under paragraph 9 or 13 of that Schedule ;

an order under section 27 of the 1973 Act;

an order under Part 9 of Schedule 5 to the 2004 Act;

an order under section 35 of the 1973 Act ;

an order under paragraph 69 of Schedule 5 to the 2004 Act;

an order under Part 1 of the 1978 Act;

an order under Schedule 6 to the 2004 Act;

an order under section 10(2) of the 1973 Act ; or

an order under section 48(2) of the 2004 Act;

“ hearing ” includes a directions appointment;

“ hearsay ” means a statement made, otherwise than by a person while giving oral evidence in proceedings, which is tendered as evidence of the matters stated, and references to hearsay include hearsay of whatever degree;

“incoming protection measure” means a protection measure that has been ordered in a Member State of the European Union other than ...Denmark;

“ inherent jurisdiction ” means the High Court's power to make any order or determine any issue in respect of a child, including in wardship proceedings, where it would be just and equitable to do so unless restricted by legislation or case law;

(Practice Direction 12D (Inherent Jurisdiction (including Wardship Proceedings)) provides examples of inherent jurisdiction proceedings.)

“judge” means—

in the High Court, a judge or a district judge of that court (including a district judge of the principal registry) or a person authorised to act as such; and

in the family court, a person who is—

the Lord Chief Justice;

the Master of the Rolls;

the President of the King’s Bench Division;

the President of the Family Division;

the Chancellor of the High Court;

an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);

the Senior President of Tribunals;

a puisne judge of the High Court;

a deputy judge of the High Court;

a person who has been a judge of the Court of Appeal or a puisne judge of the High Court who may act as a judge of the family court by virtue of section 9 of the Senior Courts Act 1981;

the Chief Taxing Master;

a taxing master of the Senior Courts;

a person appointed to act as a deputy for the person holding office referred to in sub-paragraph (xii) or to act as a temporary additional officer for any such office;

a circuit judge;

a Recorder;

the Senior District Judge of the Family Division;

a district judge of the principal registry;

a person appointed to act as a deputy for the person holding office referred to in sub-paragraph (xvii) or to act as a temporary additional office holder for any such office;

a district judge;

a deputy district judge appointed under section 102 of the Senior Courts Act 1981 or section 8 of the County Courts Act 1984;

a District Judge (Magistrates’ Courts);

a lay justice;

any other judge referred to in section 31C(1) of the 1984 Act who is authorised by the President of the Family Division to conduct particular business in the family court;

“ jurisdiction ” means, unless the context requires otherwise, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales;

“justices’ legal adviser” means a person authorised to exercise functions under section 67B of the Courts Act 2003 who has such qualifications as are prescribed by the Authorised Court Staff (Legal Advice Functions) Qualifications Regulations 2020;

“lay justice” means a justice of the peace who is not a District Judge (Magistrates’ Courts);

“ legal representative ” means a—

barrister;

solicitor;

solicitor's employee;

manager of a body recognised under section 9 of the Administration of Justice Act 1985 ; or

person who, for the purposes of the Legal Services Act 2007 , is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of the Act),

who has been instructed to act for a party in relation to proceedings;

“ litigation friend ” has the meaning given—

in relation to a protected party, by Part 15; and

in relation to a child, by Part 16;

...

“ matrimonial cause ” means proceedings for a matrimonial order;

“ matrimonial order ” means—

a divorce order made under section 1 of the 1973 Act ;

a nullity of marriage order made on one of the grounds set out in section 11, 12 or 12A of the 1973 Act ;

a judicial separation order made under section 17 of the 1973 Act ;

“ non-court dispute resolution ” means methods of resolving a dispute other than through the court process, including but not limited to mediation, arbitration, evaluation by a neutral third party (such as a private Financial Dispute Resolution process) and collaborative law;

“ note ” includes a record made by mechanical means;

“ officer of the Service ” has the meaning given by section 11(3) of the Criminal Justice and Court Services Act 2000;

“ order ” includes directions of the court;

“ order for maintenance pending outcome of proceedings ” means an order under paragraph 38 of Schedule 5 to the 2004 Act;

“ order for maintenance pending suit ” means an order under section 22 of the 1973 Act ;

“ parental order proceedings ” has the meaning assigned to it by rule 13.1;

“ parental responsibility ” has the meaning assigned to it by section 3 of the 1989 Act;

“ placement proceedings ” means proceedings for the making, varying or revoking of a placement order under the 2002 Act;

“ principal registry ” means the principal registry of the Family Division of the High Court;

“ proceedings ” means, unless the context requires otherwise, family proceedings as defined in section 75(3) of the Courts Act 2003;

“ professional acting in furtherance of the protection of children ” includes—

an officer of a local authority exercising child protection functions;

a police officer who is—

exercising powers under section 46 of the Act of 1989; or

serving in a child protection unit or a paedophile unit of a police force;

any professional person attending a child protection conference or review in relation to a child who is the subject of the proceedings to which the information regarding the proceedings held in private relates ;

an officer of the National Society for the Prevention of Cruelty to Children; or

a member or employee of the Disclosure and Barring Service , being the body established under section 87(1) of the Protection of Freedoms Act 2012 ;

“ professional legal adviser ” means a—

barrister;

solicitor;

solicitor's employee;

manager of a body recognised under section 9 of the Administration of Justice Act 1985; or

person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act),

who is providing advice to a party but is not instructed to represent that party in the proceedings;

“ property adjustment order ” means—

in proceedings under the 1973 Act, any of the orders mentioned in section 21(2) of that Act;

in proceedings under the 1984 Act, an order under section 17(1)(a)(ii) of that Act;

in proceedings under Schedule 5 to the 2004 Act, any of the orders mentioned in paragraph 7(1); or

in proceedings under Schedule 7 to the 2004 Act, an order for property adjustment under paragraph 9(2) or (3);

“ protected party ” means a party, or an intended party, who lacks capacity (within the meaning of the 2005 Act) to conduct proceedings;

“protection measure” has the meaning given to it in the Protection Measures Regulation;

“Protection Measures Regulation” means the Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil matters(1);

“ reporting officer ” means an officer of the Service or a Welsh family proceedings officer appointed to witness the documents which signify a parent's or guardian's consent to the placing of the child for adoption or to the making of an adoption order or a section 84 order;

“ risk assessment ” has the meaning assigned to it by section 16A(3) of the 1989 Act;

...

“ RSC ” means the Rules of the Supreme Court 1965 as they appear in Schedule 1 to the CPR ...;

“ section 8 order ” has the meaning assigned to it by section 8(2) of the 1989 Act ;

“ section 84 order ” means an order made by the High Court under section 84 of the 2002 Act giving parental responsibility prior to adoption abroad;

“ section 89 order ” means an order made by the High Court under section 89 of the 2002 Act—

annulling a Convention adoption or Convention adoption order;

providing for an overseas adoption or determination under section 91 of the 2002 Act to cease to be valid; or

deciding the extent, if any, to which a determination under section 91 of the 2002 Act has been affected by a subsequent determination under that section;

“ Service ” has the meaning given by section 11 of the Criminal Justice and Court Services Act 2000;

...

“ specified proceedings ” has the meaning assigned to it by section 41(6) of the 1989 Act and rule 12.27;

“ welfare officer ” means a person who has been asked to prepare a report under section 7(1)(b) of the 1989 Act ;

“ Welsh family proceedings officer ” has the meaning given by section 35(4) of the Children Act 2004.

(2) In these rules a reference to —

(a) an application for a matrimonial order or a civil partnership order is to be read as a reference to an application for—

(i) a matrimonial order; or

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) a civil partnership order,

and includes an application by a respondent asking for such an order;

(b) “financial order” in matrimonial proceedings is to be read as a reference to “ancillary relief”;

(c) “matrimonial proceedings” is to be read as a reference to a matrimonial cause ....

(3) Where these rules apply the CPR, they apply the CPR as amended from time to time.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2 Modification of rules in application to serial numbers etc.

If a serial number has been assigned under rule 14.2 or the name or other contact details of a party is not being revealed in accordance with rule 29.1—

(a) any rule requiring any party to serve any document will not apply; and

(b) the court will give directions about serving any document on the other parties.

Section 2 Power to perform functions conferred on the court by these rules and practice directions

(1) Where these rules or a practice direction provide for the court to perform any function then, except where any rule or practice direction or any other enactment provides otherwise, that function may be performed—

(a) in relation to proceedings in the High Court or in a district registry, by any judge or district judge of that Court including a district judge of the principal registry;

(b) in relation to proceedings in the family court—

(i) by the court composed in accordance with rules made under section 31D of the 1984 Act; or

(ii) where Practice Direction 2A applies, by a single lay justice who is authorised as specified in rules made under section 31D of the 1984 Act.

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

( ... )

(1A) The functions of the family court or a judge of the family court listed in Practice Direction 2C may be exercised by a justices’ legal adviser.

(1B) The functions of the High Court listed in Practice Direction 2D may be exercised by a court officer who meets the criteria specified in that Practice Direction.

(1C) Practice Direction 2D may make provision for the procedure to be followed where such a court officer exercises a function of the High Court.

(2) A deputy High Court judge and a district judge, including a district judge of the principal registry, may not try a claim for a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998 .

Section 2 Powers of the single justice to perform functions under the 1989 Act, the 1996 Act, the 2002 Act and the Childcare Act 2006

(1) A single lay justice who is authorised as specified in rules made under section 31D of the 1984 Act may perform the functions of the family court—

(a) where an application without notice is made under sections 10, 44(1), 48(9), 50(4) and 102(1) of the 1989 Act ;

(b) subject to paragraph (2), under sections 11(3) or 38(1) of the 1989 Act;

(c) under sections 4(3)(b), 4A(3)(b), 4ZA(6)(b), 7, 34(3)(b), 41, 44(9)(b) and (11)(b)(iii), 48(4), 91(15) or (17) or paragraph 11(4) of Schedule 14 of the 1989 Act;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) where an application without notice is made under section 41(2) of the 2002 Act (recovery orders);

(f) where an application without notice is made for an occupation order or a non molestation order under Part 4 of the 1996 Act; or

(g) where an application is made for a warrant under section 79 of the Childcare Act 2006;

(2) A single lay justice may make an order under section 11(3) or 38(1) of the 1989 Act where—

(a) a previous such order has been made in the same proceedings;

(b) the terms of the order sought are the same as those of the last such order made; and

(c) a written request for such an order has been made and —

(i) the other parties and any children's guardian consent to the request and they or their legal representatives have signed the request; or

(ii) at least one of the other parties and any children's guardian consent to the request and they or their legal representatives have signed the request, and the remaining parties have not indicated that they either consent to or oppose the making of the order.

(3) The proceedings referred to in paragraph (1)(a) and (c) are proceedings which are prescribed for the purposes of section 93(2)(i) of the 1989 Act.

Section 2 Single lay justice: power to refer to the family court

Where a single lay justice—

(a) is performing a function of the family court in accordance with rule 2.5(1)(b)(ii) or rule 2.6(1) or (2); and

(b) considers, for whatever reason, that it is inappropriate to perform the function,

the single lay justice must refer the matter to the family court.

Section 2 Court's discretion as to where it deals with cases

The court may deal with a case at any place that it considers appropriate.

Section 2 Computation of time

(1) This rule shows how to calculate any period of time for doing any act which is specified—

(a) by these rules;

(b) by a practice direction; or

(c) by a direction or order of the court.

(2) A period of time expressed as a number of days must be computed as clear days.

(3) In this rule “ clear days ” means that in computing the numbers of days—

(a) the day on which the period begins; and

(b) if the end of the period is defined by reference to an event, the day on which that event occurs,

are not included.

(4) Where the specified period is 7 days or less and includes a day which is not a business day, that day does not count.

(5) When the period specified—

(a) by these rules or a practice direction; or

(b) by any direction or order of the court,

for doing any act at the court office ends on a day on which the office is closed, that act will be in time if done on the next day on which the court office is open.

Section 2 Dates for compliance to be calendar dates and to include time of day

(1) Where the court makes an order or gives a direction which imposes a time limit for doing any act, the last date for compliance must, wherever practicable—

(a) be expressed as a calendar date; and

(b) include the time of day by which the act must be done.

(2) Where the date by which an act must be done is inserted in any document, the date must, wherever practicable, be expressed as a calendar date.

(3) Where “month” occurs in any order, direction or other document, it means a calendar month.

Section 3.1

In this Part—

“allocation” means allocation of proceedings other than appeal proceedings to a level of judge;

“authorised family mediator” means a person identified by the Family Mediation Council as qualified to conduct a MIAM;

...

“family mediation information and assessment meeting” has the meaning given to it in section 10(3) of the 2014 Act .

“harm” has the meaning given to it in section 31 of the Children Act 1989;

...

“ MIAM ” means a family mediation information and assessment meeting;

“ MIAM exemption” has the meaning given to it in Rule 3.8(1);

“ MIAM requirement” is the requirement in section 10(1) of the 2014 Act for a person to attend a MIAM before making a relevant family application;

“private law proceedings” has the meaning given to it in Rule 12.2;

“prospective applicant” is the person who is considering making a relevant family application;

“prospective party” is a person who would be likely to be a party to the proceedings in the relevant family application;

...

“relevant family application” has the meaning given to it in section 10(3) of the 2014 Act .

Section 3.2 Scope of this Chapter

This Chapter contains the court’s duty and powers to encourage and facilitate the use of non-court dispute resolution.

Section 3.3 The court’s duty to consider non-court dispute resolution

(1) The court must consider, at every stage in proceedings, whether non-court dispute resolution is appropriate.

(1A) When the court requires, a party must file with the court and serve on all other parties, in the time period specified by the court, a form setting out their views on using non-court dispute resolution as a means of resolving the matters raised in the proceedings.

(2) In considering whether non-court dispute resolution is appropriate in proceedings which were commenced by a relevant family application, the court must take into account –

(a) whether a MIAM took place;

(b) whether a valid MIAM exemption was claimed ... ; and

(c) whether the parties attempted mediation or another form of non-court dispute resolution and the outcome of that process.

Section 3.4 Timetabling proceedings: encouraging non-court dispute resolution

(1) Paragraph (1A) applies when the court considers that non-court dispute resolution is appropriate.

(1A) Where the timetabling of proceedings allows sufficient time for these steps to be taken, the court should encourage parties, as it considers appropriate, to—

(a) obtain information and advice about, and consider using, non-court dispute resolution; and

(b) undertake non-court dispute resolution.

(2) The court may give directions about the matters specified in paragraph (1A) on an application or of its own initiative.

(2A) Subject to paragraph (2B), the court may give directions referred to in paragraph (2) at any time during the proceedings.

(2B) In proceedings to which Practice Direction 12B applies, the court may give directions referred to in paragraph (2) at any time after the court has received the safeguarding letter or safeguarding report referred to in Practice Direction 12B.

(3) Where paragraph (1A) applies, the court will give directions about the timing and method by which the parties must tell the court if any of the issues in the proceedings have been resolved.

(4) If the parties do not tell the court if any of the issues have been resolved as directed under paragraph (3), the court will give such further directions as to the management of the case as it considers appropriate.

(5) The court or court officer will—

(a) record the making of any directions to which this rule applies ; and

(b) arrange for a copy of the directions to be served as soon as practicable on the parties.

(6) Where the court proposes to exercise its powers of its own initiative, the procedure set out in rule 4.3(2) to (6) applies.

Section 3.5 Scope of this Chapter

This Chapter contains Rules about the requirement in section 10(1) of the 2014 Act to attend a MIAM .

Section 3.6 Applications to which the MIAM requirement applies

(1) The MIAM requirement applies to any application to initiate the proceedings specified in paragraph (2), unless a MIAM exemption ... applies.

(2) The specified proceedings are—

(a) the private law proceedings relating to children specified in Practice Direction 3A; and

(b) the proceedings for a financial remedy specified in Practice Direction 3A.

Section 3.7 Making an application

An application to initiate any of the proceedings specified in Rule 3.6 must contain, or be accompanied by, a form containing, either—

(a) a confirmation from an authorised family mediator that the prospective applicant has attended a MIAM ; or

(b) a claim by the prospective applicant that one of the MIAM exemptions applies.

(A list of MIAM exemptions is set out in Rule 3.8(1) below.)

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3.8 Circumstances in which the MIAM requirement does not apply ( MIAM exemptions ...)

The MIAM requirement does not apply if—

(1) a prospective applicant claims in the relevant form that any of the following circumstances (a “ MIAM exemption”) applies—

Domestic abuse

(a) there is evidence of domestic abuse , as specified in Practice Direction 3A; or

Child protection concerns

(b)

(i) — a child would be the subject of the application; and

(ii) that child or another child of the family who is living with that child is currently—

(aa) the subject of enquiries by a local authority under section 47 of the 1989 Act; or

(ab) the subject of a child protection plan put in place by a local authority; or

Urgency

(c) the application must be made urgently because—

(i) there is risk to the life, liberty or physical safety of the prospective applicant or his or her family or his or her home; or

(ii) any delay caused by attending a MIAM would cause—

(aa) a risk of harm to a child;

(ab) a risk of unlawful removal of a child from the United Kingdom, or a risk of unlawful retention of a child who is currently outside England and Wales;

(ac) a significant risk of a miscarriage of justice;

(ad) significant financial hardship to the prospective applicant; or

(ae) irretrievable problems in dealing with the dispute (including the irretrievable loss of significant evidence); or

(iii) there is a significant risk that in the period necessary to schedule and attend a MIAM , proceedings relating to the dispute will be brought in another state in which a valid claim to jurisdiction may exist, such that a court in that other State would be seised of the dispute before a court in England and Wales; or

Previous MIAM attendance or non-court dispute resolution attendance

(d) —

(i) in the 4 months prior to making the application, the person attended a MIAM or a non-court dispute resolution process relating to the same or substantially the same dispute ; and

(ii) where the person attended a non-court dispute resolution process, there is evidence of that attendance, as specified in Practice Direction 3A; or

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) —

(i) the application would be made in existing proceedings which are continuing; and

(ii) the prospective applicant attended a MIAM before initiating those proceedings; or

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other

(h) —

(i) there is evidence that the prospective applicant is bankrupt, as specified in Practice Direction 3A; and

(ii) the proceedings would be for a financial remedy; or

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) the application would be made without notice; or

(Paragraph 5.1 of Practice Direction 18A sets out the circumstances in which applications may be made without notice.)

(k) —

(ai) the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court;

(i) the prospective applicant is ... subject to a disability or other inability that would prevent attendance in person at a MIAM unless appropriate facilities can be offered by an authorised mediator;

(ii) the prospective applicant has contacted as many authorised family mediators as have an office within fifteen miles of his or home (or five of them if there are five or more), and all have stated that they are unable to provide such facilities; and

(iii) the names, postal addresses and telephone numbers or e-mail addresses for the authorised family mediators contacted by the prospective applicant , and the dates of contact, are provided to the court ...; or

(l) the prospective applicant ... cannot attend a MIAM because the prospective applicant is —

(i) in prison or any other institution in which the prospective applicant is required to be detained and facilities cannot be made available for them to attend a MIAM online or by video-link ;

(ii) subject to conditions of bail that prevent contact with the other person; or

(iii) subject to a licence with a prohibited contact requirement in relation to the other person; or

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) a child is one of the prospective parties ...; or

(o) —

(ai) the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court;

(i) the prospective applicant has contacted as many authorised family mediators as have an office within fifteen miles of his or her home (or five of them if there are five or more), and all of them have stated that they are not available to conduct a MIAM within fifteen business days of the date of contact; and

(ii) the names, postal addresses and telephone numbers or e-mail addresses for the authorised family mediators contacted by the prospective applicant , and the dates of contact, are provided to the court ...; or

(p) —

(i) the prospective applicant is not able to attend a MIAM online or by video-link;

(ii) there is no authorised family mediator with an office within fifteen miles of the prospective applicant’s home; and

(iii) an explanation of why this exemption applies is provided by the prospective applicant to the court.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3.9 Conduct of MIAMs

(1) Only an authorised family mediator may conduct a MIAM .

(2) At the MIAM , the authorised family mediator must—

(a) provide information about the principles, process and different models of mediation, and information about other methods of non-court dispute resolution;

(b) consider and explain the potential benefits of mediation and other methods of non-court dispute resolution as a means of resolving the dispute;

(c) assess whether there has been, or is a risk of, domestic abuse;

(d) assess whether there has been, or is a risk of, harm by a prospective party to a child that would be a subject of the application;

(e) indicate to those attending the MIAM which form, or forms, of non-court dispute resolution may be most suitable as a means of resolving the dispute, and why; and

(f) where sub-paragraph (e) applies, provide information to those attending the MIAM about how to proceed with the form, or forms, of non-court dispute resolution in question.

Section 3.10 MIAM exemption not validly claimed or no longer applicable

(1) If a MIAM exemption has been claimed, the court will inquire into whether the exemption—

(a) was not validly claimed; or

(b) was validly claimed but is no longer applicable.

(1A) The inquiry referred to in paragraph (1) must be made—

(a) when making the decision on allocation, in private law proceedings to which the MIAM requirement applies; or

(b) when making a decision on allocation (if such a decision is made), and in any event at the first hearing, in proceedings for a financial remedy to which the MIAM requirement applies.

(2) If a court finds that the MIAM exemption was not validly claimed , or that it was validly claimed but is no longer applicable , the court will—

(a) direct the applicant, or direct the parties to attend a MIAM ; and

(b) if necessary, adjourn the proceedings to enable a MIAM to take place;

unless the court considers that in all the circumstances of the case, the MIAM requirement should not apply to the application in question.

(3) In making a decision under Rule 3.10(2), the court will have particular regard to—

(a) any applicable time limits;

(b) the reason or reasons why the MIAM exemption was not validly claimed;

(ba) the reasons why a MIAM exemption which was validly claimed is no longer applicable;

(c) the applicability of any other MIAM exemptions; ...

(ca) the potential benefits of attending a MIAM, including the opportunity to receive information about options for non-court dispute resolution; and

(d) the number and nature of issues that remain to be resolved in the proceedings.

Section 3A.1 Interpretation

In this Part—

“child” means a person under the age of 18 years whether or not the child is the subject of the proceedings, except that—

in adoption proceedings, it also includes a person who is the subject of proceedings and has attained the age of 18 years before the proceedings are concluded; and

in proceedings brought under ... the 1980 Hague Convention or the European Convention, it means a person under the age of 16 years who is the subject of proceedings;

...

“intermediary” means a person whose function is to—

communicate questions put to a witness or party;

communicate to any person asking such questions the answers given by the witness or party in reply to them; and

explain such questions or answers so far as is necessary to enable them to be understood by the witness or party or by the person asking such questions;

“live link” means a live television link or other arrangement whereby a witness or party, while absent from the courtroom or other place where the proceedings are being held, is able to see and hear a person there and to be seen and heard by the judge, legal representatives acting in the proceedings and other persons appointed to assist a witness or party;

“mental disorder” has the meaning given in section 1 of the Mental Health Act 1983;

“participation direction” means—

a general case management direction made for the purpose of assisting a witness or party to give evidence or participate in proceedings; or

a direction that a witness or party should have the assistance of one or more of the measures in rule 3A.8; and

references to “quality of evidence” are to its quality in terms of completeness, coherence and accuracy; and for this purpose “coherence” refers to a witness’s or a party’s ability in giving evidence to give answers which address the questions put to the witness or the party and which can be understood both individually and collectively.

“relative” has the meaning given by section 63(1) of the 1996 Act;

“victim” includes a child to whom section 3 of the Domestic Abuse Act 2021 applies; and

Section 3A.2 Application of provisions in this Part

(1) Rule 3A.4 does not apply to a party who is a child.

(2) Rules 3A.3 to 3A.5 do not apply to a party who is a protected party.

(3) Rules 3A.3 to 3A.5 do not apply to a party or witness who—

(a) falls within the assumption set out at rule 3A.2A(1); and

(b) has not made a request of a kind referred to in rule 3A.2A(2).

Section 3A.2A Court’s duty to consider making participation directions: victims of domestic abuse

(1) Subject to paragraph (2), where it is stated that a party or witness is, or is at risk of being, a victim of domestic abuse carried out by a party, a relative of another party, or a witness in the proceedings, the court must assume that the following matters are diminished—

(a) the quality of the party’s or witness’s evidence;

(b) in relation to a party, their participation in the proceedings.

(2) The party or witness concerned can request that the assumption set out in paragraph (1) does not apply to them if they do not wish it to.

(3) Where the assumption set out in paragraph (1) applies, the court must consider whether it is necessary to make one or more participation directions.

(Attention is drawn to Practice Direction 27C, which makes provision for the attendance at hearings, without the need for an order of the court, of Independent Domestic Violence Advisers and Independent Sexual Violence Advisers.)

Section 3A.3 Court’s duty to consider vulnerability of other parties or witnesses

(1) When considering the vulnerability of a party or witness as mentioned in rule 3A.4 or 3A.5, the court must have regard in particular to the matters set out in paragraphs (a) to (j) and (m) of rule 3A.7.

(2) Practice Direction 3AA gives guidance about vulnerability.

Section 3A.4 Court’s duty to consider how a party can participate in the proceedings

(1) The court must consider whether a party’s participation in the proceedings (other than by way of giving evidence) is likely to be diminished by reason of vulnerability and, if so, whether it is necessary to make one or more participation directions.

(2) Before making such participation directions, the court must consider any views expressed by the party about participating in the proceedings.

Section 3A.5 Court’s duty to consider how a party or a witness can give evidence

(1) The court must consider whether the quality of evidence given by a party or witness is likely to be diminished by reason of vulnerability and, if so, whether it is necessary to make one or more participation directions.

(2) Before making such participation directions, the court must consider any views expressed by the party or witness about giving evidence.

Section 3A.6 Protected parties

(1) The court must consider whether it is necessary to make one or more participation directions to assist—

(a) the protected party participating in proceedings; or

(b) the protected party giving evidence.

(2) Before making such participation directions, the court must consider any views expressed by the protected party’s litigation friend about the protected party’s participation in the proceedings or that party giving evidence.

(Part 15 contains rules about representation of a protected party. Practice Direction 15B contains provisions about the ability of a protected party to give evidence.)

Section 3A.7 What the court must have regard to

When deciding whether to make one or more participation directions the court must have regard in particular to—

(a) the impact of any actual or perceived intimidation, including any behaviour towards the party or witness on the part of—

(i) any other party or other witness to the proceedings or members of the family or associates of that other party or other witness; or

(ii) any members of the family of the party or witness;

(b) whether the party or witness—

(i) suffers from mental disorder or otherwise has a significant impairment of intelligence or social functioning;

(ii) has a physical disability or suffers from a physical disorder; or

(iii) is undergoing medical treatment;

(c) the nature and extent of the information before the court;

(d) the issues arising in the proceedings including (but not limited to) any concerns arising in relation to abuse;

(e) whether a matter is contentious;

(f) the age, maturity and understanding of the party or witness;

(g) the social and cultural background and ethnic origins of the party or witness;

(h) the domestic circumstances and religious beliefs of the party or witness;

(i) any questions which the court is putting or causing to be put to a witness in accordance with section 31G(6) of the 1984 Act;

(j) any characteristic of the party or witness which is relevant to the participation direction which may be made;

(k) whether any measure is available to the court;

(l) the costs of any available measure; and

(m) any other matter set out in Practice Direction 3AA.

Section 3A.8 Measures

(1) The measures referred to in this Part are those which—

(a) prevent a party or witness from seeing another party or witness;

(b) allow a party or witness to participate in hearings and give evidence by live link;

(c) provide for a party or witness to use a device to help communicate;

(d) provide for a party or witness to participate in proceedings with the assistance of an intermediary;

(e) provide for a party or witness to be questioned in court with the assistance of an intermediary; or

(f) do anything else which is set out in Practice Direction 3AA.

(2) If the family court makes a direction for a measure which is not available where the court is sitting, it may direct that the court will sit at the nearest or most convenient location where the family court sits and the measure is available.

(3) If the High Court makes a direction for a measure which is not available where the court is sitting, it may direct that the court will sit at the nearest or most convenient location where the High Court sits and the measure is available.

(4) Nothing in these rules gives the court power to direct that public funding must be available to provide a measure.

(5) If a direction for a measure is considered by the court to be necessary but the measure is not available to the court, the court must set out in its order the reasons why the measure is not available.

Section 3A.9 When the duties of the court apply and recording reasons for decisions made under this Part

(1) The court’s duties under rules 3A.3 to 3A.6 apply as soon as possible after the start of proceedings and continue until the resolution of the proceedings.

(2) The court must set out its reasons on the court order for—

(a) making, varying or revoking directions referred to in this Part; or

(b) deciding not to make, vary or revoke directions referred to in this Part, in proceedings that involve a vulnerable person or protected party.

Section 3A.10 Application for directions under this Part

(1) An application for directions under this Part may be made on the application form initiating the proceedings or during the proceedings by any person filing an application notice.

(2) The application form or application notice must contain the matters set out in Practice Direction 3AA.

(3) Subject to paragraph (2), the Part 18 procedure applies to an application for directions made during the proceedings.

(4) This rule is subject to any direction of the court.

Section 3A.11 Procedure where the court makes directions of its own initiative

Where the court proposes to make a participation direction of its own initiative the procedure set out in rule 4.3(2) to (6) applies.

Section 3A.12 Functions of officers of the Service and Welsh family proceedings officers

Nothing in this Part gives the court power to direct that an officer of the Service or a Welsh family proceedings officer should perform any function beyond the functions conferred upon such officers by any other enactment.

Section 3A.13 Prohibition of cross-examination in person under Part 4B of the 1984 Act

A practice direction may make provision in relation to the prohibition of cross-examination in person under Part 4B of the 1984 Act.

Section 4 The court's general powers of management

(1) In this Part, “ statement of case ” means the whole or part of, an application form or answer.

(2) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(3) Except where these rules provide otherwise, the court may—

(a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

(b) make such order for disclosure and inspection, including specific disclosure of documents, as it thinks fit;

(bb) direct that any proceedings in the High Court be heard by a Divisional Court of the High Court;

(c) adjourn or bring forward a hearing;

(d) require a party or a party's legal representative to attend the court;

(e) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

(f) direct that part of any proceedings be dealt with as separate proceedings;

(g) stay (GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;

(h) consolidate proceedings;

(i) hear two or more applications on the same occasion;

(j) direct a separate hearing of any issue;

(k) decide the order in which issues are to be heard;

(l) exclude an issue from consideration;

(m) dismiss or give a decision on an application after a decision on a preliminary issue;

(n) direct any party to file and serve an estimate of costs; and

(o) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective.

(Rule 21.1 explains what is meant by disclosure and inspection.)

(Rule 37.15(6)(b) makes specific provision in relation to Divisional Courts.)

(4) When the court makes an order, it may—

(a) make it subject to conditions, including a condition to pay a sum of money into court; and

(b) specify the consequence of failure to comply with the order or a condition.

(4A) Where the court has made a direction in accordance with paragraph (3)(bb) the proceedings shall be heard by a Divisional Court of the High Court and not by a single judge.

(5) Where the court gives directions it will take into account whether or not a party has complied with any relevant pre-action protocol (GL) .

(6) A power of the court under these rules to make an order includes a power to vary or revoke the order.

(7) Any provision in these rules—

(a) requiring or permitting directions to be given by the court is to be taken as including provision for such directions to be varied or revoked; and

(b) requiring or permitting a date to be set is to be taken as including provision for that date to be changed or cancelled.

(8) The court may not extend the period within which an application for a section 89 order must be made.

Section 4 Court officer's power to refer to the court

Where a step is to be taken by a court officer—

(a) the court officer may consult the court before taking that step;

(b) the step may be taken by the court instead of the court officer.

Section 4 Court's power to make order of its own initiative

(1) Except where an enactment provides otherwise, the court may exercise its powers on an application or of its own initiative. (Part 18 sets out the procedure for making an application.)

(2) Subject to rule 29.17, where the court proposes to make an order of its own initiative—

(a) it may give any person likely to be affected by the order an opportunity to make representations; and

(b) where it does so it must specify the time by and the manner in which the representations must be made.

(3) Where the court proposes—

(a) to make an order of its own initiative; and

(b) to hold a hearing to decide whether to make the order,

it must give each party likely to be affected by the order at least 5 days' notice of the hearing.

(4) The court may make an order of its own initiative without hearing the parties or giving them an opportunity to make representations.

(5) Where the court has made an order under paragraph (4)—

(a) a party affected by the order may apply to have it set aside (GL) , varied or stayed (GL) ; and

(b) the order must contain a statement of the right to make such an application.

(6) An application under paragraph (5)(a) must be made—

(a) within such period as may be specified by the court; or

(b) if the court does not specify a period, within 7 days beginning with the date on which the order was served on the party making the application.

(7) If the court of its own initiative strikes out a statement of case or dismisses an application (including an application for permission to appeal) and it considers that the application is totally without merit—

(a) the court's order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

Section 4 Power to strike out a statement of case

(1) Except in proceedings to which Parts 12 to 14 apply, the court may strike out (GL) a statement of case if it appears to the court—

(a) that the statement of case discloses no reasonable grounds for bringing or defending the application;

(b) that the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings;

(c) that there has been a failure to comply with a rule, practice direction or court order; or

(d) in relation to applications for matrimonial and civil partnership orders and answers to such applications, that the parties to the proceedings consent.

(1A) When the court is considering whether to exercise the power to strike out a statement of case, it must take into account any written evidence filed in relation to the application or answer.

(2) When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(3) Where—

(a) the court has struck out an applicant's statement of case;

(b) the applicant has been ordered to pay costs to the respondent; and

(c) before paying those costs, the applicant starts another application against the same respondent, arising out of facts which are the same or substantially the same as those relating to the application in which the statement of case was struck out,

the court may, on the application of the respondent, stay (GL) that other application until the costs of the first application have been paid.

(4) Paragraph (1) does not limit any other power of the court to strike out (GL) a statement of case.

(5) If the court strikes out an applicant's statement of case and it considers that the application is totally without merit—

(a) the court's order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

Section 4 Sanctions have effect unless defaulting party obtains relief

(1) Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction. (Rule 4.6 sets out the circumstances which the court may consider on an application to grant relief from a sanction.)

(2) Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the order for costs.

(3) Where a rule, practice direction or court order—

(a) requires a party to do something within a specified time; and

(b) specifies the consequence of failure to comply,

the time for doing the act in question may not be extended by agreement between the parties.

Section 4 Relief from sanctions

(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order the court will consider all the circumstances including—

(a) the interests of the administration of justice;

(b) whether the application for relief has been made promptly;

(c) whether the failure to comply was intentional;

(d) whether there is a good explanation for the failure;

(e) the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant pre-action protocol (GL) ;

(f) whether the failure to comply was caused by the party or the party's legal representative;

(g) whether the hearing date or the likely hearing date can still be met if relief is granted;

(h) the effect which the failure to comply had on each party; and

(i) the effect which the granting of relief would have on each party or a child whose interest the court considers relevant.

(2) An application for relief must be supported by evidence.

Section 4 General power of the court to rectify matters where there has been an error of procedure

Where there has been an error of procedure such as a failure to comply with a rule or practice direction—

(a) the error does not invalidate any step taken in the proceedings unless the court so orders; and

(b) the court may make an order to remedy the error.

Section 4 Power of the court to make civil restraint orders

Practice Direction 4B sets out—

(a) the circumstances in which the court has the power to make a civil restraint order against a party to proceedings;

(b) the procedure where a party applies for a civil restraint order against another party; and

(c) the consequences of the court making a civil restraint order.

Section 5.A.1 Application

(1) This Part is subject to any provision made by or pursuant to Part 41 (proceeding by electronic means).

Section 5 Forms

(1) Subject to rule 14.10(2) and(3), the forms referred to in a practice direction, shall be used in the cases to which they apply.

(2) A form may be varied by the court or a party if the variation is required by the circumstances of a particular case.

(3) A form must not be varied so as to leave out any information or guidance which the form gives to the recipient.

(4) Where these rules require a form to be sent by the court or by a party for another party to use, it must be sent without any variation except such as is required by the circumstances of the particular case.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Nothing in this rule requires a party to reveal any particulars referred to in rule 29.1(1) if notice of those particulars is given to the court in accordance with rule 29.1(2).

Section 5 Documents to be attached to a form

Subject to any rule or practice direction, unless the court directs otherwise, a form must have attached to it any documents which, in the form, are—

(a) stated to be required; or

(b) referred to.