The Family Procedure (Amendment No. 2) Rules 2023

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) (“the FPR”).

The FPR include various references to the term “domestic violence”. These Rules amend such references to “domestic abuse”, to align the FPR more closely with the terms used in the Domestic Abuse Act 2021 (c. 17). Such amendments are made by rule 3(a), elements of rule 5, and rules 11(a) and (b), 13(b) and 15.

Rule 4 amends rule 2.5 FPR to enable a practice direction to make provision for when functions of the High Court may be exercised by a court officer.

Section 10 of the Children and Families Act 2014 (c. 6) makes provision for prospective applicants for specified types of orders to attend a family mediation information and assessment meeting (referred to in the FPR as “MIAM”). Associated procedural provision about MIAMs is made in the FPR. These Rules amend various of those provisions in the FPR. In particular:

(a) rule 11(c) to (l) amend rule 3.8 FPR to modify or remove certain exemptions from the requirement to attend a MIAM;

(b) rule 13(a), (c) and (d) amend rule 3.9 FPR to make revised provision about matters which must be included within a MIAM;

(c) rule 14 amends rule 3.10 FPR to provide for the court to consider whether a previously validly claimed MAIM exemption is no longer applicable; and

(d) rule 5 (certain elements) and rules 8, 9, 10, 16, 17 and 18 make amendments to the FPR in consequence of the amendments referred to above.

The FPR also make provision for steps the court may take to encourage parties to resolve their disputes outside of the court. These Rules make various amendments to such provision. In particular:

(a) rule 3(b) substitutes a new definition of “non-court dispute resolution” in the FPR;

(b) rule 6 amends rule 3.3 FPR to require parties to set out their position in relation to engaging with non-court dispute resolution in specified circumstances;

(c) rule 7 amends rule 3.4 FPR to make provision for the court to use the timetabling of proceedings to encourage non-court dispute resolution; and

(d) rule 19 amends rule 28.3(7) FPR to expressly provide for the court to consider as a matter of conduct, when determining whether to make an order for costs in financial remedy proceedings, any failure of a party to attend a MIAM or attend non-court dispute resolution.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.