(This note is not part of the Order)
These Rules amend the Family Procedure Rules (S.I. 2010/2955) (“the FPR 2010”). The amendments made to the FPR 2010 by these Rules are made under or in consequence of and to support certain provisions of the Children and Families Act 2014 (c.6) (“the 2014 Act”). The amendments also adjust service rules applicable to certain private law children proceedings.
In particular, the Rules amend the FPR 2010 as follows:
(1) to provide for a court process for proceedings for orders under new section 51A(2) of the Adoption and Children Act 2002 (c.38) as inserted by section 9 of the 2014 Act relating to post-adoption contact and variation and revocation of these orders;
(2) to make rules under and amend rules in consequence of section 10 of the 2014 Act which creates a new statutory requirement for a prospective applicant to attend a family mediation information and assessment meeting before making certain family applications;
(3) to make amendments in consequence of section 12 of the 2014 Act which replaces contact orders and residence orders with new child arrangements orders and on Schedule 2 to the 2014 Act which makes consequential amendments to primary legislation in relation to the new orders;
(4) to make amendments in consequence of the requirements relating to expert evidence and children proceedings being contained in section 13 of the 2014 Act instead of rules of court;
(5) to adjust the court process in consequence of the requirement inserted by section 14 of the 2014 Act into section 32 of the Children Act 1989 (c.41) for care and supervision proceedings and other proceedings under Part 4 of the 1989 Act to be resolved within 26 weeks and to facilitate the resolution of proceedings within that period;
(6) to make amendments in consequence of the repeal by section 17 of the 2014 Act of section 41 of the Matrimonial Causes Act 1973 (c.18) and section 63 of the Civil Partnership Act 2004 (c.33); and
(7) to create a duty on the court officer to serve applications and certain accompanying documents in certain private law children matters.