The Family Proceedings (Amendment) Rules 2010

Statutory Instruments

2010 No. 786 (L. 6)

Family Proceedings

Senior Courts Of England And Wales

County Courts, England And Wales

The Family Proceedings (Amendment) Rules 2010

Made

10th March 2010

Laid before Parliament

16th March 2010

Coming into force

6th April 2010

The Family Proceedings Rule Committee makes the following Rules in exercise of the powers conferred by section 40(1) of the Matrimonial and Family Proceedings Act 1984(1):

Citation and commencement

1.  These Rules may be cited as the Family Proceedings (Amendment) Rules 2010 and come into force on 6^th April 2010.

Amendments to the Family Proceedings Rules 1991

2.  The Family Proceedings Rules 1991(2) are amended in accordance with rules 3 to 10.

3.  In the Arrangement of Rules—

(a) after the entries for Part 3, insert—

“PART IIIA APPLICATIONS FOR ORDERS PREVENTING AVOIDANCE UNDER SECTION 32L OF THE CHILD SUPPORT ACT 1991(3)

1. 3A.1. Scope of this Part

2. 3A.2. Interpretation

3. 3A.3. Application of CPR

4. 3A.4. Where and how to start proceedings

5. 3A.5. Who the parties are

6. 3A.6. Service of the application

7. 3A.7. Applications without notice”; and

(b) after the entry for rule 4.14, insert—

“4.14A. Timetable for the Child in proceedings for a care order or supervision order”.

4.  In rule 1.2(1), after the entry for “civil partnership proceedings county court” insert—

““Commission” means the Child Maintenance and Enforcement Commission;”.

5.  After Part III insert—

“PART IIIA APPLICATIONS FOR ORDERS PREVENTING AVOIDANCE UNDER SECTION 32L OF THE CHILD SUPPORT ACT 1991

Scope of this Part

3A.1   Subject to rule 3A.7, the rules in this Part apply to applications made under section 32L(1) and (2) of the Act of 1991.

Interpretation

3A.2   In this Part—

“child support maintenance” has the meaning assigned to it in section 3(6) of the Act of 1991;

“reviewable disposition” has the meaning assigned to it in section 32L(5) of the Act of 1991.

Application of CPR

3A.3   Subject to the provisions of this Part, CPR Part 8 (alternative procedure for claims) and CPR rules 31.17 to 31.19 apply as appropriate with any necessary modifications to proceedings in this Part.

Where and how to start proceedings

3A.4— (1) The application shall be made to the High Court by originating summons out of—

(a) the principal registry; or

(b) any district registry.

(2) The application may be heard by—

(a) a judge;

(b) a district judge of the principal registry; or

(c) if directed by a judge, a district judge in a district registry.

(3) Unless the court directs otherwise, the application shall—

(a) include the following information—

(i) the name and address of the person who owes child support maintenance;

(ii) the amount of outstanding child support maintenance and the period during which that amount has been outstanding;

(iii) details of the calculation of the amount of outstanding child support maintenance;

(iv) any steps taken to date to enforce payment of the amount of outstanding child support maintenance; and

(v) in the case of applications made without notice, the reasons why notice has not been given;

(b) where the application relates to land—

(i) state whether the title to the land is registered or unregistered and, if registered, the Land Registry title number; and

(ii) give particulars, as far as known to the applicant, of any mortgagee of the land or any other interest in the land;

(c) in the case of an application under section 32L(2) of the Act of 1991, the name and address of the person in whose favour the reviewable disposition is alleged to have been made; and

(d) state the facts relied on in support of the application including—

(i) in the case of an application under section 32L(1) of the Act of 1991, the identity of the proposed disposition or other dealing with property which would have the consequence of making ineffective a step that has been or may be taken to recover the amount of outstanding child support maintenance;

(ii) in the case of an application under section 32L(2) of the Act of 1991, the identity of the disposition which is alleged to be reviewable and has had the consequence of making ineffective a step taken, or which may have been taken, to recover the amount of outstanding child support maintenance.

(4) Where the Commission is not relying on evidence to give rise to the presumption under section 32L(7) of the Act of 1991 (that the person who disposed of or is about to dispose of or deal with property did so or, as the case may be is about to do so, with the intention of avoiding payment of child support maintenance) then the Commission shall give other evidence supporting the person’s intention of avoiding such payment.

Who the parties are

3A.5— (1) The applicant in the proceedings is the Commission and the respondent is the person who has failed to pay child support maintenance.

(2) The court may at any time direct that—

(a) any person be made a party to proceedings; or

(b) a party be removed from the proceedings.

Service of the application

3A.6— (1) The applicant shall serve the application, a copy of any sworn statement in support and the acknowledgement of service on—

(a) any respondent;

(b) the person in whose favour the reviewable disposition is alleged to have been made; and

(c) such other persons as the court directs.

(2) Where an application includes an application relating to land, the applicant shall serve a copy of the application on any—

(a) mortgagee;

(b) trustee of a trust of land or settlement; and

(c) other person who has an interest in the land,

of whom particulars are given in the application.

(3) Any person served under paragraph (2) may make a request to the court in writing, within 14 days beginning with the date of service of the application, for a copy of the applicant’s sworn statement in support of the application.

(4) Any person who—

(a) is served with copies of the application and the applicant’s sworn statement in support of the application under paragraph (1); or

(b) receives a copy of the applicant’s sworn statement in support of the application following a request under paragraph (3),

may within 14 days beginning with the date of service or receipt file a statement in answer.

(5) A statement in answer filed under paragraph (4) shall be sworn to be true.

Applications without notice

3A.7— (1) This rule applies to an application under section 32L(1) of the Act of 1991.

(2) The court may grant an application made without notice if it appears to the court that there are good reasons for not giving notice.

(3) If the applicant makes an application without giving notice, the sworn statement in support of the application shall state the reasons why notice has not been given.

(4) If the court grants an application under paragraph (2) —

(a) the order shall include a provision allowing any respondent to apply to the court for the order to be reconsidered as soon as just and convenient at a full hearing; and

(b) the applicant shall, as soon as reasonably practicable, serve upon each respondent a copy of the order and copies of the application and sworn statement in support of the application.”.

6.  In rule 4.4, in paragraph (1A)—

(a) in sub-paragraph (a)(i), after “C100,”, insert “C110,”;

(b) for sub-paragraph (a)(ii) substitute—

“(ii) supplemental Forms C10, C11, C12 and C13A to C20 as appropriate,”; and

(c) after sub-paragraph (a)(ii) insert—

“(iiA) in the case of an application for a care order or supervision order, such of the documents specified in the Annex to Form C110 as are available, and”.

7.  In rule 4.14(2), after “paragraph (3)”, insert “and rule 4.14A”.

8.  After rule 4.14, insert—

“Timetable for the Child in proceedings for a care order or supervision order

4.14A.— (1) In proceedings for a care order or a supervision order, the court shall set the timetable of the proceedings in accordance with the Timetable for the Child.

(2) The “Timetable for the Child” means the timetable set by the court in accordance with its duties under sections 1 and 32 of the Act of 1989 and shall—

(a) take into account dates of the significant steps in the life of the child who is the subject of the proceedings; and

(b) be appropriate for that child.”.

9.  In rule 8.A1, omit paragraph (1)(c).

10.  In Appendix 1—

(a) in the list of forms—

(i) in the entry for Form C1, for the words in the third column, substitute “Children Act 1989 except care and supervision orders, Section 8 orders and orders related to enforcement of a contact order”;

(ii) after the entry for Form C100, in the first column insert “C110”, in the second column “Application” and in the third column “under the Children Act 1989 for a care order or supervision order”; and

(iii) omit the entry for Form C13;

(b) for Form C1, substitute the form set out in Part 1 of the Schedule;

(c) after Form C100, insert Form C110 as set out in Part 2 of the Schedule; and

(d) omit Form C13.

Transitional provisions relating to care and supervision orders

11.  Where proceedings for a care or supervision order have been commenced before these Rules come into force, the Family Proceedings Rules 1991 shall apply to those proceedings as if rule 6 had not been made.

Mark Potter, P

Philip Waller

Bruce Edgington

Duncan Adam

David Salter

Charles Hyde

I allow these Rules

Michael Wills

Minister of State

Ministry of Justice

10th March 2010

Rule 10

SCHEDULE

PART 1

PART 2

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Family Proceedings Rules 1991.

Rule 5 inserts a new Part IIIA to provide for the court process for an application for an order preventing avoidance under section 32L of the Child Support Act 1991 (c.48). Part 8 and Rules 31.17 to 31.19 of the Civil Procedure Rules 1998 (S.I.1998/3132) are applied subject to the rules in Part IIIA and necessary modifications.

A new form (Form C110) is inserted for use when applying for a care order or supervision order and consequential amendments are made to Form C1 to reflect this.

Provision is made for Form C110 to have attached to it such of the documents specified in the Annex to that form as are available to ensure proceedings are not delayed by reason of a missing document.

A new rule 4.14A is inserted into the 1991 Rules and provides for the court to set the timetable for proceedings for a care order or supervision order in accordance with the Timetable for the Child as defined in that rule.

(1)

1984 c.42. Section 40(1) was amended by section 125(3) of and paragraph 50 of Schedule 18 to the Courts and Legal Services Act 1990 (c.41) , section 15(1) of and paragraphs 379 and 380 of Schedule 4 to the Constitutional Reform Act 2005 (c.4) and by section 59(5) and paragraphs 4(1) and (3) of Part 2 of Schedule 11 to that Act.

(2)

S.I. 1991/1247. Relevant amending instruments are S.I. 1994/3155, 2004/3375, 2005/2922, 2008/2861 and 2009/ 2027.

(3)

1991 c.48. Section 32L was inserted by section 24 of the Child Maintenance and Other Payments Act 2008 (c.6).