The Family Procedure (Amendment) Rules 2012

• Citation: S.I. 2012/679
• Sections: 30

Section 1 Citation and commencement

These Rules may be cited as the Family Procedure (Amendment) Rules 2012 and come into force on 6th April 2012.

Section 2 Amendments to the Family Procedure Rules 2010

The Family Procedure Rules 2010 are amended in accordance with rules 3 to 29.

Section 3 Amendments to the Family Procedure Rules 2010

In rule 2.3(1) —

(a) in the definition of “financial remedy”—

(i) in sub-paragraph (c), after “Act” insert “except an application under section 13 of the 1984 Act for permission to apply for a financial remedy”; and

(ii) in sub-paragraph (d), after “Act” insert “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”; and

(b) in the definition of “professional acting in furtherance of the protection of children”—

(i) in sub-paragraph (c), for “; or” substitute “;”;

(ii) in sub-paragraph (d), after “;” insert “or”; and

(iii) after sub-paragraph (d), insert—

(e) a member or employee of the Independent Safeguarding Authority, being the body established under section 1 of the Safeguarding Vulnerable Groups Act 2006 ;

Section 4 Amendments to the Family Procedure Rules 2010

In rule 4.1(8), after “which” insert “an application for”.

Section 5 Amendments to the Family Procedure Rules 2010

In rule 5.1 , after paragraph (5) insert—

(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 6 Amendments to the Family Procedure Rules 2010

In rule 6.15(2)(b), for “affidavit” substitute “statement”.

Section 7 Amendments to the Family Procedure Rules 2010

In rule 7.6—

(a) the existing paragraph shall stand as paragraph (1); and

(b) after paragraph (1) insert—

(2) This rule applies to an application for—

(a) a decree of divorce made under section 1 of the 1973 Act;

(b) a decree of judicial separation made under section 17 of the 1973 Act;

(c) a dissolution order as mentioned in section 37(1)(a) of the 2004 Act; or

(d) a separation order as mentioned in section 37(1)(d) of the 2004 Act.

Section 8 Amendments to the Family Procedure Rules 2010

In rule 7.10(4), for “a party” substitute “the co-respondent”.

Section 9 Amendments to the Family Procedure Rules 2010

In rule 7.12, after paragraph (14) insert—

(15) In paragraphs (3)(c), (8), (9) and (10), any reference to a respondent is to be read as including a reference to a co-respondent where the context so requires.

Section 10 Amendments to the Family Procedure Rules 2010

In rule 7.19—

(a) in paragraph (4)—

(i) for “neither” substitute “no”;

(ii) for “the other’s” substitute “another party’s”; and

(iii) for “an affidavit” substitute “a statement”;

(b) in paragraph (4)(c), after “the other party” insert “to the marriage or civil partnership”; and

(c) after paragraph (4), insert—

(5) A statement under paragraph (4) must be verified by a statement of truth.

Section 11 Amendments to the Family Procedure Rules 2010

In rule 7.20—

(a) in paragraph (5), after “an affidavit” insert “or a statement of truth”; and

(b) after paragraph (7) insert—

(8) Where a decree or order is made in accordance with a certificate under paragraph (2)(a), any person may, within 14 days after the making of the decree or order, inspect the certificate and the evidence filed under rule 7.19(4) (except any statement of arrangements for children) and may obtain copies.

(9) Paragraph (8) does not apply to a certificate which relates to—

(a) a decree of nullity of marriage under section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the 1973 Act; or

(b) an order for nullity of civil partnership under section 50(1)(d) of the 2004 Act,

unless the court has given permission.

Section 12 Amendments to the Family Procedure Rules 2010

In rule 7.27(1)(c), after “2003” insert “ought to be determined by the court”.

Section 13 Amendments to the Family Procedure Rules 2010

In rule 7.32(4), after “file an affidavit verifying the explanation” insert “or to verify the explanation with a statement of truth”.

Section 14 Amendments to the Family Procedure Rules 2010

In rule 7.36 in paragraphs (2) and (3) omit “, on payment of the prescribed fee,”.

Section 15 Amendments to the Family Procedure Rules 2010

In the table following rule 8.20(1), in the row relating to applications for declarations of parentage, for the words in column 2 (Respondent), substitute—

(i) The person whose parentage is in issue; and

(ii) any person who is or is alleged to be the parent of the person whose parentage is in issue,

except where that person is the applicant.

Section 16 Amendments to the Family Procedure Rules 2010

In rule 9.14 —

(a) in paragraph (2)(a), for “an affidavit” substitute “a statement of truth”; and

(b) in paragraph (2A), for “affidavit” substitute “statement of truth”.

Section 17 Amendments to the Family Procedure Rules 2010

In rule 9.19 —

(a) in paragraph (2)(a), for “an affidavit” substitute “a statement of truth”; and

(b) in paragraph (2A), for “affidavit” substitute “statement of truth”.

Section 18 Amendments to the Family Procedure Rules 2010

After rule 9.26A , insert—

Adding or removing parties

(9.26B)

(1) The court may direct that a person or body be added as a party to proceedings for a financial remedy if—

(a) it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or

(b) there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings, and it is desirable to add the new party so that the court can resolve that issue.

(2) The court may direct that any person or body be removed as a party if it is not desirable for that person or body to be a party to the proceedings.

(3) If the court makes a direction for the addition or removal of a party under this rule, it may give consequential directions about—

(a) the service of a copy of the application form or other relevant documents on the new party; and

(b) the management of the proceedings.

(4) The power of the court under this rule to direct that a party be added or removed may be exercised either on the court’s own initiative or on the application of an existing party or a person or body who wishes to become a party.

(5) An application for an order under this rule must be made in accordance with the Part 18 procedure and, unless the court directs otherwise, must be supported by evidence setting out the proposed new party’s interest in or connection with the proceedings or, in the case of removal of a party, the reasons for removal.

Section 19 Amendments to the Family Procedure Rules 2010

In rule 9.36(5)—

(a) for “paragraph (1)” substitute “paragraph (4)”; and

(b) in sub-paragraphs (a)(i) and (b)(i) after “pension attachment order” insert “, or any order varying or discharging such an order,”.

Section 20 Amendments to the Family Procedure Rules 2010

In rule 11.4(1), for “(4A)” substitute “(5)”.

Section 21 Amendments to the Family Procedure Rules 2010

In rule 11.9, for “(whether under rule 11.7 or 11.8)” substitute “of a type referred to in rule 11.7 or 11.8”.

Section 22 Amendments to the Family Procedure Rules 2010

Rule 12.72(1) shall be renumbered as rule 12.72.

Section 23 Amendments to the Family Procedure Rules 2010

In rule 16.36(1), after “In” insert “specified proceedings (except where paragraph (2) applies), ”.

Section 24 Amendments to the Family Procedure Rules 2010

In rule 20.7(2)(a)(ii) —

(a) for “a Lugano Contracting State or” substitute “a State bound by the Lugano Convention,”;

(b) after “a Regulation State” insert “or a Maintenance Regulation State”; and

(c) omit “the Maintenance Regulation”.

Section 25 Amendments to the Family Procedure Rules 2010

For rule 29.12, substitute—

Access to and inspection of documents retained in court

(29.12)

(1) Except as provided by this rule or by any other rule or Practice Direction, no document filed or lodged in the court office shall be open to inspection by any person without the permission of the court, and no copy of any such document shall be taken by, or issued to, any person without such permission.

(2) A copy of an order made in open court will be issued to any person who requests it.

(3) Subject to rules 14.24 and 29.1(2) and to any direction given by the court, a party to any family proceedings, or the legal representative, children’s guardian or litigation friend for a party in any family proceedings, may have a search made for, and may inspect, and obtain a copy of, any document filed or lodged in the court office in those proceedings.

(4) Any person who intends to make an application in relation to a child under the 1980 Hague Convention in a Contracting State (as defined in rule 12.44) other than the United Kingdom shall, if the court is satisfied that that person intends to make such an application, be entitled to obtain a copy bearing the seal (GL) of the court of any order made in relation to the child under the 1989 Act or under the inherent jurisdiction, whether or not that person was a party to the proceedings in which the order was made.

Section 26 Amendments to the Family Procedure Rules 2010

In rule 32.1(4)(a), for “Hight” substitute “High”.

Section 27 Amendments to the Family Procedure Rules 2010

In rule 34.3(a) , omit “and sign”.

Section 28 Amendments to the Family Procedure Rules 2010

In rule 34.28A(1) —

(a) in sub-paragraph (b), for “.” substitute “;”;

(b) after sub-paragraph (b), insert—

(c) “ the 1968 Convention ” has the meaning given in the 1982 Act.

(c) in the words in parentheses at the end of the rule, after “Section 1” insert “of Chapter IV”.

Section 29 Amendments to the Family Procedure Rules 2010

In rule 34.39(3)(c) , for “Contracting State or Member State of the European Union” substitute “State”.

Section 30 Savings and transitional provisions

(1) In this rule, “the FPR” means the Family Procedure Rules 2010.

(2) In any case where a court has, before the date on which these Rules come into force, extended the period within which an application for a section 89 order (within the meaning given in the FPR) can be made, the FPR will apply as if rule 4 of these Rules had not been made.

(3) The FPR as amended by rules 3(b), 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19(b), 23, 24, 25, 27, 28 and 29 of these Rules shall apply so far as is practicable to a given case which was commenced but not disposed of before these Rules came into force.

(4) Where by reason of paragraph (3) the FPR as amended by these Rules do not apply to a given case, the FPR shall apply to that case as if rule 3(b), 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19(b), 23, 24, 25, 27, 28 or 29, as applicable, of these Rules had not been made.