1994 No. 3155 (L.21)
The Family Proceedings (Amendment) (No. 4) Rules 1994
Made
Laid before Parliament
Coming into force
We, the authority having the power under section 40(1) of the Matrimonial and Family Proceedings Act 19841 to make rules of court for the purposes of family proceedings in the High Court and county courts, in the exercise of the powers conferred by the said section 40, and of all other powers enabling us in that behalf, hereby make the following rules:
1
These rules may be cited as the Family Proceedings (Amendment) (No. 4) Rules 1994 and shall come into force on 3rd January 1995.
2
The Family Proceedings Rules 19912 shall be amended in accordance with the following provisions of these Rules and, in those provisions, any reference to a rule, Part or Appendix by number alone shall be construed as a reference to the rule, Part or Appendix so numbered in the said Rules of 1991.
3
In the Arrangement of Rules—
a
for “4A.4 Answer” there shall be substituted “A.4 Acknowledgement”;
b
for “PART VI.CHILD ABDUCTION AND CUSTODY ACT 19853” there shall be substituted “PART VI.CHILD ABDUCTION AND CUSTODY”; and
c
After rule 6.16 there shall be inserted—
6.17
Applications and Orders under sections 33 and 34 of the Family Law Act 19864
4
In rule 4.3(1)—
a
in sub-paragraph (a), after “leave” there shall be inserted “in Form C2”; and
b
for sub-paragraph (b), there shall be substituted—
b
a draft of the application (being the documents referred to in rule 4.4(1A)) for the making of which leave is sought together with sufficient copies for one to be served on each respondent.
5
In rule 4.4(1)—
a
for sub-paragraph (a) there shall be substituted—
a
file the documents referred to in paragraph (1A) below (which documents shall together be called the “application”) together with sufficient copies for one to be served on each respondent, and
b
for the words “, endorsed in accordance with paragraph (2)(b),” in sub-paragraph (b) there shall be substituted “together with Form C6 and such (if any) of Forms C7 and C10A as are given to him by the proper officer under paragraph (2)(b)”.
6
In rule 4.4, after paragraph (1), there shall be inserted—
1A
the documents to be filed under paragraph (1)(a) above are—
a
i
whichever is appropriate of Forms C1 to C4 or C51, and
ii
such of the supplemental Forms C10 or C11 to C20 as may be appropriate, or
b
where there is no appropriate form a statement in writing of the order sought,
and where the application is made in respect of more than one child, all the children shall be included in one application.
7
In rule 4.4(2)—
a
for “the copies of the application filed by the applicant” in sub-paragraph (b), there shall be substituted “Form C6 and, where appropriate, Form C6A”; and
b
for sub-paragraph (c) there shall be substituted—
c
return forthwith to the applicant the copies of the application and Form C10A if filed with it, together with Form C6 and such of Forms C6A and C7 as are appropriate.
8
For rule 4.4(3) there shall be substituted—
3
The applicant shall, at the same time as complying with paragraph (1)(b), serve Form C6A on the persons set out for the relevant class of proceedings in column (iv) of Appendix 3 to these rules.
9
In rule 4.4(4)(i), the words “in respect of each child” shall be deleted.
10
In rule 4.4(6)—
a
after “accompanied by a statement” there shall be added “in Form C10A”; and
b
the words “and containing a declaration that it is true to the maker’s best knowledge and belief” shall be deleted.
11
In rule 4.6(1)(a) for “CHA58” there shall be substituted “C2”.
12
In rule 4.6(7)(a), for “CHA 66”, there shall be substituted “C49”.
13
In rule 4.7(2), for “in writing” there shall be substituted “in Form C2”.
14
In rule 4.8(7)—
a
after “shall file a statement” there shall be inserted “in Form C9”; and
b
in sub-paragraph (a), after “application” there shall be inserted “and other documents referred to in rule 4.4(1)(b)”.
15
In rule 4.9—
a
in paragraph (1)—
i
for “answer to” there shall be substituted “acknowledgement of”;
ii
after “section 8 order” there shall be inserted “or an application under Schedule 1”; and
iii
for “CHA10A” there shall be substituted “C7”; and
b
paragraph (2) shall be deleted.
16
In rule 4.10(11), for “CHA30” there shall be substituted “C47”.
17
In rule 4.12(6), for “CHA31” there shall be substituted “C48”.
18
In rule 4.14(3), after “written request” wherever it appears, there shall be inserted “in Form C2”.
19
In rule 4.14(5), after “2 days' notice” there shall be inserted “in Form C6”.
20
For rule 4.21(4) there shall be substituted—
4
When making an order or when refusing an application, the court shall—
a
where it makes a finding of fact state such finding and complete Form C22; and
b
state the reason’s for the court’s decision
21
In rule 4.26(2), for “in writing” there shall be substituted “in Form C40”.
22
In rule 4.27(1), for “in writing” there shall be substituted “in Form C37”.
23
In rule 4A.4—
a
in the heading, for “Answer” there shall be substituted “Acknowledgement”; and
b
for “answer in Form CHA 75” there shall be substituted “acknowledgement in Form C52”.
24
In the heading to Part VI the words “ACT 1985” shall be deleted.
25
After rule 6.16 there shall be inserted a new rule as follows—
Applications and Orders under sections 33 and 34 of the Family Law Act 19866.17
1
In this rule “the 1986 Act” means the Family Law Act 1986.
2
An application under section 33 of the 1986 Act shall be in Form C4 and an order made under that section shall be in Form C30.
3
An application under section 34 of the 1986 Act shall be in Form C3 and an order made under that section shall be in Form C31.
4
An application under section 33 or section 34 of the 1986 Act may be made ex parte in which case the applicant shall file the application—
a
where the application is made by telephone, within 24 hours after the making of the application, or
b
in any other case at the time when the application is made,
and shall serve a copy of the application on each respondent 48 hours after the making of the order.
5
Where the court refuses to make an order on an ex parte application it may direct that the application be made inter partes.
26
In rule 10.21(2), for “CHA59”, there shall be substituted “C8”.
27
In Appendix 1—
a
in paragraph 13 of Form M5 (Notice of Proceedings), for “CHA10(D)” there shall be substituted “C2”.
b
in the list of forms at the beginning of the Appendix, the references to all forms from and including “CHA1” to the end of the list shall be deleted and there shall be substituted the list of forms set out in Schedule 1 to these rules; and
c
the forms in the Appendix whose numbers are prefixed by “CHA” shall be omitted and the forms set out in Schedule 2 to these rules shall be inserted in their place.
SCHEDULE 1
C1 | Application | for an order |
C2 | Application | for an order or directions in existing family proceedings |
Application | to be joined as, or cease to be, a party in existing family proceedings | |
Application | for leave to commence proceedings | |
C3 | Application | for an order authorising search for, taking charge of, and delivery of a child |
C4 | Application | for an order for disclosure of a child’s whereabouts |
C6 | Notice | of proceedings [Hearing] [Directions Appointment] (Notice to parties) |
C6A | Notice | of proceedings [Hearing] [Directions Appointment] (Notice to non-parties) |
C7 | Acknowledgement | |
C8 | Confidential Address | |
C9 | Statement | of Service |
C10 | Supplement | for an application for financial provision for a child or for variation of financial provision for a child |
C10A | Statement | of Means |
C11 | Supplement | for an application for an Emergency Protection Order |
C12 | Supplement | for an application for a Warrant to assist a person authorised by an Emergency Protection Order |
C13 | Supplement | for an application for a Care or Supervision Order |
C14 | Supplement | for an application for authority to refuse contact with a child in care |
C15 | Supplement | for an application for contact with a child in care |
C16 | Supplement | for an application for a Child Assessment Order |
C17 | Supplement | for an application for an Education Supervision Order |
C17A | Supplement | for an application for an extension of an Education Supervision Order |
C18 | Supplement | for an application for a Recovery Order |
C19 | Supplement | for a Warrant of Assistance |
C20 | Supplement | for an application for an order to hold a child or Secure Accommodation |
C21 | Order or direction | Blank |
C22 | Record | of hearing |
C23 | Order | Emergency Protection Order |
C24 | Order | Variation of an Emergency Protection Order |
Extension of an Emergency Protection Order | ||
Discharge of an Emergency Protection Order | ||
C25 | Warrant | To assist a person authorised by an Emergency Protection Order |
C26 | Order | Authority to keep a child in Secure Accommodation |
C27 | Order | Authority to search for another child |
C28 | Warrant | To assist a person to gain access to a child or entry to premises |
C29 | Order | Recovery of a child |
C30 | Order | To disclose information about the whereabouts of a missing child |
C31 | Order | Authorising search for, taking charge of, and delivery of a child |
C32 | Order | Care Order |
Discharge of a Care Order | ||
C33 | Order | Interim Care Order |
C34 | Order | Contact with a child in care |
Authority to refuse contact with a child in care | ||
C35 | Order | Supervision Order |
Interim Supervision Order | ||
C36 | Order | Substitution of a Supervision Order for a Care Order |
Discharge of a Supervision Order | ||
Variation of a Supervision Order | ||
Extension of a Supervision Order | ||
C37 | Order | Education Supervision Order |
C38 | Order | Discharge of an Education Supervision Order |
Extension of an Education Supervision Order | ||
C39 | Order | Child Assessment Order |
C40 | Direction | To undertake an investigation |
C42 | Order | Family Assistance Order |
C43 | Order | Residence Order |
Contact Order | ||
Specific Issue Order | ||
Prohibited Steps Order | ||
C44 | Order | Leave to change the surname by which a child is known |
Leave to remove a child from the United Kingdom | ||
C45 | Order | Parental Responsibility Order |
Termination of a Parental Responsibility Order | ||
C46 | Order | Appointment of a guardian |
Termination of the appointment of a guardian | ||
C47 | Order | Making or refusing the appointment of a guardian ad litem |
Termination of the appointment of a guardian ad litem | ||
C48 | Order | Appointment of a solicitor for a child |
Refusal of the appointment of a solicitor for a child | ||
Termination of the appointment of a solicitor for a child | ||
C49 | Order | Transfer of Proceedings to [the High Court] [a county court] [a family proceedings court] |
C51 | Application for a Parental Order | |
C52 | Acknowledgement of an application for a Parental Order | |
C53 | Order | Parental Order |
C54 | Notice | of Refusal of a Parental Order |
SCHEDULE 2
(This note is not part of the Rules)