The Magistrates' Courts (Family Law Act 1986) Rules 1988

Explanatory Note

(This note is not part of the Rules)

These rules make the necessary provision in relation to magistrates' courts procedure for the implementation of the Family Law Act 1986. They come into force on 4th April 1988. Under the Family Law Act 1986 a custody order made in one part of the United Kingdom may be registered and enforced in another part of the United Kingdom. The Act also makes provision in relation to the procedure for applications for custody orders.

Under rule 3 of these Rules provision is made for applications for the registration of a custody order made by a magistrates' court in England and Wales and for the transmission of such custody orders for registration in the appropriate court in Scotland or Northern Ireland.

Rule 4 makes provision for the transmission of an order of revocation or variation of such custody orders to the appropriate registering court.

Rules 5, 6 and 7 of these Rules supplement the procedural provisions of the 1986 Act in relation to applications for custody orders in magistrates' courts. Rule 5 determines the magistrates' courts to which application may be made under the Guardianship of Minors Act 1971 and Part II of the Children Act 1975. Rule 6 imposes a requirement for parties to proceedings for or relating to a custody order to give information about any other proceedings relating to the child concerned. Rule 7 makes provision for parties to proceedings in a magistrates' court for a custody order to be notified of the imposition or lifting of a stay of the proceedings where other proceedings are continuing outside England and Wales in relation to the child concerned.

The Schedule provides forms for an application under Rule 3 for the registration of a custody order and for notifying the parties to proceedings of the requirements of Rule 6.