The Family Procedure Rules 2010

Directions

12.48.—(1) As soon as practicable after an application to which this section applies has been made, the court may give directions as to the following matters, among others—

(a) whether service of the application may be dispensed with;

(b) whether the proceedings should be transferred to another court under rule 12.54;

(c) expedition of the proceedings or any part of the proceedings (and any direction for expedition may specify a date by which the court must issue its final judgment in the proceedings or a specified part of the proceedings);

(d) the steps to be taken in the proceedings and the time by which each step is to be taken;

(e) whether the child or any other person should be made a party to the proceedings;

(f) if the child is not made a party to the proceedings, the manner in which the child’s wishes and feelings are to be ascertained, having regard to the child’s age and maturity and in particular whether an officer of the Service or a Welsh family proceedings officer should report to the court for that purpose;

(g) where the child is made a party to the proceedings, the appointment of a children’s guardian for that child unless a children’s guardian has already been appointed;

(h) the attendance of the child or any other person before the court;

(i) the appointment of a litigation friend for a child or for any protected party, unless a litigation friend has already been appointed;

(j) the service of documents;

(k) the filing of evidence including expert evidence; and

(l) whether the parties and their representatives should meet at any stage of the proceedings and the purpose of such a meeting.

(Rule 16.2 provides for when the court may make the child a party to the proceedings and rule 16.4 for the appointment of a children’s guardian for the child who is made a party. Rule 16.5 (without prejudice to rule 16.6) requires a child who is a party to the proceedings but not the subject of those proceedings to have a litigation friend.)

(2) Directions of a court which are in force immediately prior to the transfer of proceedings to another court under rule 12.54 will continue to apply following the transfer subject to—

(a) any changes of terminology which are required to apply those directions to the court to which the proceedings are transferred; and

(b) any variation or revocation of the directions.

(3) The court or court officer will—

(a) take a note of the giving, variation or revocation of directions under this rule; and

(b) as soon as practicable serve a copy of the directions order on every party.