The Family Proceedings Rules 1991

Directions

4.14—(1) In this rule, “party” includes the guardian ad litem and, where a request or a direction concerns a report under section 7, the welfare officer.

(2) In proceedings to which this Part applies the court may, subject to paragraph (3), give, vary or revoke directions for the conduct of the proceedings, including–

(a) the timetable for the proceedings;

(b) varying the time within which or by which an act is required, by these rules or by other rules or court, to be done;

(c) the attendance of the child;

(d) the appointment of a guardian ad litem, whether under section 41 or otherwise, or of a solicitor under section 41(3);

(e) the service of documents;

(f) the submission of evidence including experts' reports;

(g) the preparation of welfare reports under section 7;

(h) the transfer of the proceedings to another court;

(i) consolidation with other proceedings.

(3) Directions under paragraph (2) may be given, varied or revoked either–

(a) of the court’s own motion having given the parties notice of its intention to do so, and an opportunity to attend and be heard or to make written representations,

(b) on the written request of a party specifying the direction which is sought, filed and served on the other parties, or

(c) on the written request of a party specifying the direction which is sought, to which the other parties consent and which they or their representatives have signed.

(4) In an urgent case the request under paragraph (3)(b) may, with the leave of the court, be made–

(a) orally, or

(b) without notice to the parties, or

(c) both as in sub-paragraph (a) and as in sub-paragraph (b).

(5) On receipt of a written request under paragraph (3)(b) the proper officer shall fix a date for the hearing of the request and give not less than 2 days' notice to the parties of the date so fixed.

(6) On considering a request under paragraph (3)(c) the court shall either–

(a) grant the request, whereupon the proper officer shall inform the parties of the decision, or

(b) direct that a date be fixed for the hearing of the request, whereupon the proper officer shall fix such a date and give not less than 2 days' notice to the parties of the date so fixed.

(7) A party may apply for an order to be made under section 11(3) or, if he is entitled to apply for such an order, under section 38(1) in accordance with paragraph (3)(b) or (c).

(8) Where a court is considering making, of its own motion, a section 8 order, or an order under section 31, 34 or 38, the power to give directions under paragraph (2) shall apply.

(9) Directions of a court which are still in force immediately prior to the transfer of proceedings to which this Part applies to another court shall continue to apply following the transfer, subject to any changes of terminology which are required to apply those directions to the court to which the proceedings are transferred, unless varied or discharged by directions under paragraph (2).

(10) The court or the proper officer shall take a note of the giving, variation or revocation of a direction under this rule and serve, as soon as practicable, a copy of the note on any party who was not present at the giving, variation or revocation.