The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules consolidate various existing provisions in rules of court setting out the practice and procedure to be followed in magistrates’ courts in certain proceedings, and apply the Family Procedure Rules 2010 (“the FPR”) to certain other magistrates’ courts proceedings in the place of existing rules.

Part 2 makes general case management provision applicable to certain rules and also makes provision in respect of powers of the court which are exercisable by a single justice of the peace or by a justices’ clerk.

Part 3 makes provision in respect of the practice and procedure to be followed in proceedings for the registration and enforcement of a maintenance order under the Maintenance Orders Act 1950. Part 4 makes such provision in respect of the Maintenance Orders Act 1958.

Chapter 1 of Part 5 applies the FPR to proceedings for the variation of a maintenance order to which Part 1 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (“the 1972 Act”) applies. Chapter 2 of Part 5 makes provision in respect of applications under Part 2 of the 1972 Act.

Part 6 applies the FPR, with modifications, to an application for variation of a maintenance order under section 20 of the Domestic Proceedings and Magistrates’ Courts Act 1978 or Schedule 6 to the Civil Partnership Act 2004.

Part 7 applies the FPR, with modifications, to an application for the variation of a maintenance order to which the Civil Jurisdiction and Judgments Act 1982, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies.

Part 8 makes provision for the practice and procedure to be followed in certain applications to which the Family Law Act 1986 applies.

Part 9 applies the FPR, with modifications, to applications for the enforcement of contact orders under the Children Act 1989 (“the 1989 Act”) and to applications to vary contribution orders under the 1989 Act. Provision is also made in respect of the enforcement of residence orders and special guardianship orders made under the 1989 Act.

Part 10 sets out the practice and procedure to be followed where a magistrates’ court gives a direction under section 447 of the Education Act 1996 to a local authority to apply for an education supervision order under the 1989 Act.

Part 11 applies the FPR, with modifications, to applications to enforce orders made under Part 4 of the Family Law Act 1996 (occupation orders and non-molestation orders).

Part 12 amends the Magistrates’ Courts Rules 1981 (“the 1981 Rules”). Firstly, the 1981 Rules are made subject to these Rules. Secondly, the 1981 Rules are amended to reflect the application from 18 June 2011 of the Maintenance Regulation in relation to the enforcement of maintenance orders from the European Union.

Transitional provision and revocations are provided for in Part 13.