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

Explanatory Note

(This note is not part of the Rules)

These Rules assimilate the procedures to be followed in family proceedings under the Domestic Proceedings and Magistrates' Courts Act 1978 with those which apply in proceedings under the Children Act 1989. In addition, the Rules make consequential and minor amendments to, or revoke, other rules of procedure which apply in magistrates' courts mainly to take account of the changes effected by the Children Act 1989.

Part II of the Rules sets out the procedures which are to apply in proceedings under the 1978 Act. The principal change is contained in rule 3, which replaces the complaint and summons procedure, by which proceedings were formerly brought, by a procedure for instituting such proceedings by the making of an application, endorsed by the justices' clerk and returned to the applicant to be served by him, in accordance with rule 4, on the respondent.

Rule 6 makes provision for “directions appointments” to be held at any time during the proceedings by the justices' clerk, a single justice or the full court with a view to issuing directions on the conduct of the proceedings. Rule 8 makes attendance by parties at directions appointments mandatory.

Rule 9 requires a party to file and serve on other parties written statements of the oral evidence which that party intends to adduce, and copies of any documents upon which the party intends to rely, at a hearing or directions appointment.

Rule 15 enables justices' clerks to delegate responsibilities imposed upon them under the Rules to a person employed as a clerk in court where that person is appointed by the Magistrates' Courts Committee to assist him and where that person has been specifically authorised by the justices' clerk for that purpose.

Schedule 1 to the Rules contains the forms of application and order which are prescribed for the purposes of proceedings under the 1978 Act.

Schedule 2 to the Rules makes amendments to the Justices' Clerks Rules 1970, the Magistrates' Courts (Guardianship of Minors) Rules 1974, the Magistrates' Courts Rules 1981, the Magistrates' Courts (Adoption) Rules 1984, the Magistrates' Courts (Child Abduction and Custody) Rules 1986, the Magistrates' Courts (Family Law Act 1986) Rules 1988, the Magistrates' Courts (Children and Young Persons) Rules 1988 and the Family Proceedings Courts (Children Act 1989) Rules 1991. Schedule 3 to the Rules revokes wholly the Magistrates' Courts (Matrimonial Proceedings) Rules 1980 and the Magistrates' Courts (Custodianship Orders) Rules 1985 and relevant amending statutory instruments. Schedule 3 also revokes in part the Magistrates' Courts (Guardianship of Minors) Rules 1974, the Magistrates' Courts Rules 1981, the Magistrates' Courts (Adoption) Rules 1984, the Magistrates' Courts (Family Law Act 1986) Rules 1988, the Magistrates' Courts (Children and Young Persons) Rules 1988 and the Magistrates' Courts (Family Law Reform Act 1987) (Miscellaneous Amendments) Rules 1989.

Nothing in these Rules affects proceedings which are pending (within the meaning of paragraph 1 of Schedule 14 to the Children Act 1989) immediately before these Rules come into force. These Rules come into force on 14th October 1991 save that paragraph 3(7) of Schedule 2 to these Rules (composition of Committee of Magistrates for inner London area) shall come into force on 7th October 1991.