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The Family Procedure Rules 2010

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CHAPTER 1INTERPRETATION AND APPLICATION OF THIS PART

Application of this Part

12.1.  (1)  The rules in this Part apply to—

(a)emergency proceedings;

(b)private law proceedings;

(c)public law proceedings;

(d)proceedings relating to the exercise of the court’s inherent jurisdiction (other than applications for the court’s permission to start such proceedings);

(e)proceedings relating to child abduction and the recognition and enforcement of decisions relating to custody under the European Convention;

(f)proceedings relating to the Council Regulation or the 1996 Hague Convention in respect of children; and

(g)any other proceedings which may be referred to in a practice direction.

(Part 18 sets out the procedure for making an application for permission to bring proceedings.)

(Part 31 sets out the procedure for making applications for recognition and enforcement of judgments under the Council Regulation or the 1996 Hague Convention.)

(2) The rules in Chapter 7 of this Part also apply to family proceedings which are not within paragraph (1) but which otherwise relate wholly or mainly to the maintenance or upbringing of a minor.

Interpretation

12.2.  In this Part—

“the 2006 Act” means the Childcare Act 2006(1);

“advocate” means a person exercising a right of audience as a representative of, or on behalf of, a party;

“care proceedings” means proceedings for a care order under section 31(1)(a) of the 1989 Act;

“Case Management Order” means an order in the form referred to in Practice Direction 12A which may contain such of the provisions listed in that practice direction as may be appropriate to the proceedings;

“child assessment order” has the meaning assigned to it by section 43(2) of the 1989 Act;

“contact activity condition” has the meaning assigned to it by section 11C(2) of the 1989 Act;

“contact activity direction” has the meaning assigned to it by section 11A(3) of the 1989 Act;

“contribution order” has the meaning assigned to it by paragraph 23(2) of Schedule 2 to the 1989 Act;

“education supervision order” has the meaning assigned to it by section 36(2) of the 1989 Act;

“emergency proceedings” means proceedings for—

(a)

the disclosure of information as to the whereabouts of a child under section 33 of the 1986 Act(2);

(b)

an order authorising the taking charge of and delivery of a child under section 34 of the 1986 Act(3);

(c)

an emergency protection order;

(d)

an order under section 44(9)(b) of the 1989 Act varying a direction in an emergency protection order given under section 44(6) of that Act;

(e)

an order under section 45(5) of the 1989 Act extending the period during which an emergency protection order is to have effect;

(f)

an order under section 45(8) of the 1989 Act discharging an emergency protection order;

(g)

an order under section 45(8A) of the 1989(4) Act varying or discharging an emergency protection order in so far as it imposes an exclusion requirement on a person who is not entitled to apply for the order to be discharged;

(h)

an order under section 45(8B) of the 1989 Act(5) varying or discharging an emergency protection order in so far as it confers a power of arrest attached to an exclusion requirement;

(i)

warrants under sections 48(9) and 102(1) of the 1989 Act and under section 79 of the 2006 Act(6); or

(j)

a recovery order under section 50 of the 1989 Act(7);

“emergency protection order” means an order under section 44 of the 1989 Act;

“enforcement order” has the meaning assigned to it by section 11J(2) of the 1989 Act;

“financial compensation order” means an order made under section 11O(2) of the 1989 Act;

“interim order” means an interim care order or an interim supervision order referred to in section 38(1) of the 1989 Act;

“private law proceedings” means proceedings for—

(a)

a section 8 order except a residence order under section 8 of the 1989 Act relating to a child who is the subject of a care order;

(b)

a parental responsibility order under sections 4(1)(c)(8), 4ZA(1)(c)(9) or 4A(1)(b) of the 1989 Act(10) or an order terminating parental responsibility under sections 4(2A), 4ZA(5) or 4A(3) of that Act;

(c)

an order appointing a child’s guardian under section 5(1) of the 1989 Act or an order terminating the appointment under section 6(7) of that Act;

(d)

an order giving permission to change a child’s surname or remove a child from the United Kingdom under sections 13(1) or 14C(3) of the 1989 Act;

(e)

a special guardianship order except where that order relates to a child who is subject of a care order;

(f)

an order varying or discharging such an order under section 14D of the 1989 Act(11);

(g)

an enforcement order;

(h)

a financial compensation order;

(i)

an order under paragraph 9 of Schedule A1 to the 1989 Act following a breach of an enforcement order;

(j)

an order under Part 2 of Schedule A1 to the 1989 Act revoking or amending an enforcement order; or

(k)

an order that a warning notice be attached to a contact order;

“public law proceedings” means proceedings for—

(a)

a residence order under section 8 of the 1989 Act relating to a child who is the subject of a care order;

(b)

a special guardianship order relating to a child who is the subject of a care order;

(c)

a secure accommodation order under section 25 of the 1989 Act(12);

(d)

a care order, or the discharge of such an order under section 39(1) of the 1989 Act;

(e)

an order giving permission to change a child’s surname or remove a child from the United Kingdom under section 33(7) of the 1989 Act;

(f)

a supervision order under section 31(1)(b) of the 1989 Act(13), the discharge or variation of such an order under section 39(2) of that Act, or the extension or further extension of such an order under paragraph 6(3) of Schedule 3 to that Act;

(g)

an order making provision regarding contact under section 34(2) to (4) of the 1989 Act or an order varying or discharging such an order under section 34(9) of that Act;

(h)

an education supervision order, the extension of an education supervision order under paragraph 15(2) of Schedule 3 to the 1989 Act, or the discharge of such an order under paragraph 17(1) of Schedule 3 to that Act(14);

(i)

an order varying directions made with an interim care order or interim supervision order under section 38(8)(b) of the 1989 Act;

(j)

an order under section 39(3) of the 1989 Act varying a supervision order in so far as it affects a person with whom the child is living but who is not entitled to apply for the order to be discharged;

(k)

an order under section 39(3A) of the 1989(15) Act varying or discharging an interim care order in so far as it imposes an exclusion requirement on a person who is not entitled to apply for the order to be discharged;

(l)

an order under section 39(3B)(16) of the 1989 Act varying or discharging an interim care order in so far as it confers a power of arrest attached to an exclusion requirement;

(m)

the substitution of a supervision order for a care order under section 39(4) of the 1989 Act;

(n)

a child assessment order, or the variation or discharge of such an order under section 43(12) of the 1989 Act;

(o)

an order permitting the local authority to arrange for any child in its care to live outside England and Wales under paragraph 19(1) of Schedule 2 to the 1989 Act;

(p)

a contribution order, or revocation of such an order under paragraph 23(8) of Schedule 2 to the 1989 Act;

(q)

an appeal under paragraph 8(1) of Schedule 8 to the 1989 Act;

“special guardianship order” has the meaning assigned to it by section 14A(1) of the 1989 Act(17);

“supervision order” has the meaning assigned to it by section 31(11) of the 1989 Act;

“supervision proceedings” means proceedings for a supervision order under section 31(1)(b) of the 1989 Act;

“warning notice” means a notice attached to an order pursuant to section 8(2) of the Children and Adoption Act 2006.

(The 1980 Hague Convention, the 1996 Hague Convention, the Council Regulation, and the European Convention are defined in rule 2.3.)

(2)

Section 33 was amended by section 108(5) of and paragraph 62 of Schedule 13 to the Children Act 1989 and section 261(1) of and paragraph 124 of Schedule 27 to the Civil Partnership Act 2004.

(3)

Section 34 was amended by section 108(5) of and paragraphs 62 and 70 of Schedule 13 to the Children Act 1989 and article 12(3) of Children (Northern Ireland Consequential Amendments) Order 1995 (S.I. 1995/756).

(4)

Section 45(8A) was inserted by section 52 of and paragraph 4 of Schedule 6 to the Family Law Act 1996.

(5)

Section 45(8B) was inserted by section 52 of and paragraph 4 of Schedule 6 to the Family Law Act 1996.

(6)

Section 79 was amended by section 157 of and paragraphs 108 and 114(1) and (2) and (3)(b) of Schedule 14 to the Education and Inspections Act 2006 (c.40).

(7)

Section 50 was amended by section 261(1) of and paragraph 131 of Schedule 27 to the Civil Partnership Act 2004.

(8)

Section 4(1)(c) was amended by section 111(1) and (2) of the Adoption and Children Act 2002 and section 56 of and paragraphs 21(1) and (2) of Schedule 6 to the Welfare Reform Act 2009 (c.29).

(9)

Section 4ZA was inserted by section 56 of and paragraph 2 of Schedule 6 to the Human Fertilisation and Embryology Act 2008.

(10)

Section 4A(1)(b) was amended by section 75(1) and (2) of the Civil Partnership Act 2004.

(11)

Section 14D was inserted by section 115(1) of the Adoption and Children Act 2002.

(12)

Section 25 was amended by section 39 of and paragraphs 1 and 15 of Schedule 3 to the Children and Young Persons Act 2008 and section 24 of and paragraph 45 of Schedule 4 to the Access to Justice Act 1999.

(13)

Section 31(1)(b) was amended by sections 74 and 75 of and paragraphs 87 and 90 of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c.43).

(14)

Paragraph 17(1) was amended by article 5(1) of and paragraphs 37(1) and (14)(a) of Schedule 2 to the Local Education Authorities and Children’s Services Authorities (Intergration of Functions) Order 2010 (S.I. 2010/1158).

(15)

Section 39(3A) was inserted by section 52 of and paragraph 2 of Schedule 6 to the Family Law Act 1996.

(16)

Section 39(3B) was inserted by section 56 of and paragraph 2 of Schedule to the Family Law Act 1996.

(17)

Section 14A(1) was inserted by section 115(1) of the Adoption and Children Act 2002.

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