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The Family Proceedings (Amendment) (No.2) Rules 2008

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EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Family Proceedings Rules 1991 (“the FPR 1991”).

The Children and Adoption Act 2006

Various of these rules make amendments in relation to the coming into force of sections 1 to 5 of the Children and Adoption Act 2006 (c.20) (“the 2006 Act”) which amend the Children Act 1989 (“the 1989 Act”) and section 8 of the 2006 Act, which makes transitional provision.

Rules 4 and 5 insert new defined terms into the FPR 1991.

Rule 6(a), (b)(i)(bb) and (cc) and (c) make provision in relation to the making, service and notification of applications for enforcement of a contact order that was made under section 8 of the 1989 Act. Associated amendments are made to the FPR 1991 by rules 9, 10, 18 and 23. Rule 13 inserts a new rule 4.13B into the FPR 1991 to make provision for the duties of a person notified of a specified application.

Rule 7 inserts a new rule 4.4A in the FPR 1991 to make provision for the making of applications for warning notices under section 8 of the 2006 Act and for orders under paragraph 5 of Schedule A1 to the 1989 Act.

Rule 12 amends rule 4.11AA of the FPR 1991 to impose duties on an officer of the service or a Welsh family proceedings officer undertaking any of the roles referred to in that rule. Amendments made to the FPR 1991 by rules 8, 11, 14, 15 and 17 ensure that various provisions that already apply to an officer of the service or a Welsh family proceedings officer will apply to such an officer undertaking the roles referred to in rule 4.11AA of the FPR 1991.

Rule 16 amends rule 4.16 of the FPR 1991 to ensure that a court cannot make specified orders in the absence of a given party where the court does not yet have sufficient information to enable it to determine the matter.

Rule 19 makes provision in respect of the service of enforcement orders.

Rules 20 and 21 make provision in respect of specified committal applications.

Rule 22(d) amends the standard form for an order under section 8 of the 1989 Act. Rule 22(e) and Schedule 4 insert various new forms of application and order relating to enforcement of contact orders made under section 8 of the 1989 Act. Rule 22(a)(iii) makes a consequential amendment.

New Form C100

Rule 22(c) inserts a new form C100 into the FPR 1991 for applications for orders under section 8 of the Children Act 1989 (c.41). Rules 6(b)(i)(aa) and (b)(ii) and 22(a)(i) and (ii), (b) and (c) make consequential amendments. Transitional provision is made in rule 24.

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