PART 5Distribution of business of the family court

Allocation of emergency applications16

1

In this rule—

  • “the 1986 Act” means the Family Law Act 1986 M1;

  • “the 1989 Act” means the Children Act 1989 M2; and

  • “the 1996 Act” means the Family Law Act 1996 M3.

2

An application of a type referred to in paragraph (3) shall be allocated to the first available judge of the family court who—

a

where applicable, is authorised to conduct the type of business to which the application relates; and

b

would not be precluded by Schedule 2 from dealing with the application.

3

The types of applications are those—

a

under—

i

section 33 of the 1986 Act M4 (disclosure of information as to the whereabouts of a child);

ii

section 34 of the 1986 Act M5 (order authorising the taking charge and delivery of a child);

iii

section 44(1) of the 1989 Act (emergency protection order);

iv

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

v

section 45(4) of the 1989 Act (extending the period during which an emergency protection order is to have effect);

vi

section 45(8) of the 1989 Act (to discharge an emergency protection order);

vii

section 45(8A) of the 1989 Act M6 (to vary or discharge 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);

viii

section 45(8B) of the 1989 Act M7 (to vary or discharge an emergency protection order in so far as it confers powers of arrest attached to an exclusion requirement);

ix

section 48(9) of the 1989 Act (warrant to assist in discovery of children who may be in need of emergency protection);

x

section 50 of the 1989 Act M8 (recovery of abducted children);

xi

section 102(1) of the 1989 Act (warrant for a constable to assist in the exercise of certain powers to search for children or inspect premises);

xii

Part 4 of the 1996 Act M9 which are made without notice, except where the applicant is under 18 or where an application for an occupation order under section 33 of that Act requires a determination of a question of property ownership;

xiii

section 41 of the Adoption and Children Act 2002 M10 (recovery order); F1...

xiv

section 79 of the Childcare Act 2006 M11 (warrant for a constable to assist in the exercise of powers of entry); F2...

F3xv

the Protection Measures Regulation made within or in connection with an application under sub-paragraph (xii); or

xvi

Article 11 of the Protection Measures Regulation for adjustment of an incoming protection measure except where the applicant is aged under 18; or

b

which are not referred to in paragraph (a) but which require the immediate attention of the court.

4

An application of a type listed in paragraph (5) shall be allocated to the first available judge of the family court, other than lay justices, who, where applicable, is authorised to conduct the type of business to which the application relates.

5

The types of application are those under—

a

Part 4 of the 1996 Act which are made without notice and where the applicant is aged under 18 or where an application for an occupation order under section 33 of that Act requires a determination of a question of property ownership;

b

Part 4A of the 1996 Act M12 which are made without noticeF4;

F5c

the Protection Measures Regulation made within or in connection with an application under sub-paragraph (a) or (b);

d

Article 11 of the Protection Measures Regulation for adjustment of an incoming protection measure where the applicant is aged under 18F6;

F7e

Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003 which are made without notice.