The Family Proceedings (Amendment) Rules 2008

JurisdictionUK Non-devolved
CitationSI 2008/2446

2008 No. 2446 (L. 11)

Family Proceedings

Supreme Court Of England And Wales

County Courts, England And Wales

The Family Proceedings (Amendment) Rules 2008

Made 16th September 2008

Laid before Parliament 18th September 2008

Coming into force as provided in rule 1(2)

The Family Proceedings Rule Committee makes the following Rules in exercise of the powers conferred by section 40(1) and (4)(aa) of the Matrimonial and Family Proceedings Act 19841:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(1) These Rules may be cited as the Family Proceedings (Amendment) Rules 2008.

(2) These rules shall come into force as follows—

(a)

(a) this rule and rules 2, 3(a), 5, 6, 10 and 12 shall come into force on 3rd November 2008; and

(b)

(b) the remaining rules shall come into force on 25th November 2008.

Amendments to the Family Proceedings Rules 1991

Amendments to the Family Proceedings Rules 1991

S-2 The Family Proceedings Rules 1991 shall be amended in...

2. The Family Proceedings Rules 19912shall be amended in accordance with the provisions of rules 3 to 13.

S-3 In the Arrangement of Rules— in the entry for rule 3.23, for...

3. In the Arrangement of Rules—

(a) in the entry for rule 3.23, for “Child Support Commissioner”, substitute “Upper Tribunal”;

(b) after the entry for rule 3.24, insert—

S-3.25

3.25. Proceedings under Part 4A of the Family Law Act 1996: interpretation of rules and forms

S-3.26

3.26. Applications under Part 4A of the Family Law Act 1996 for forced marriage protection orders

S-3.27

3.27. Leave stage for forced marriage protection orders

S-3.28

3.28. Service of the application for a forced marriage protection order

S-3.29

3.29. Transfer of proceedings

S-3.30

3.30. Parties to proceedings for a forced marriage protection order

S-3.31

3.31. Orders for disclosure against a person not a party

S-3.32

3.32. Claim to withhold inspection or disclosure of a document

S-3.33

3.33. Hearing of applications for forced marriage protection orders

S-3.34

3.34. Forced marriage protection orders made by the court of its own motion

S-3.35

3.35. Enforcement of forced marriage protection orders

S-3.36

3.36. Applications under Part 4A of the Family Law Act 1996: bail”; and

(c) after the entry for rule 8.1A, insert—

S-8.1B

8.1B. Appeals from orders made under Part 4A of the Family Law Act 1996”.

S-4 In rule 3.8, for paragraph (9) substitute— 9 Subject to any...

4. In rule 3.8, for paragraph (9) substitute—

S-9

“9 Subject to any enactment, where an application for an occupation order or a non-molestation order is pending, the court may transfer the proceedings to another court of its own motion or on the application of either party; and any order for transfer shall be made in Form FL417.”.

S-5 In rule 3.22(1) for “appeal tribunals” substitute “First-tier...

5. In rule 3.22(1) for “appeal tribunals” substitute “First-tier Tribunal”.

S-6 In rule 3.23 — in the heading for “Child Support Commissioner”...

6. In rule 3.23 —

(a) in the heading for “Child Support Commissioner” substitute “Upper Tribunal”;

(b) in paragraph (1) for the words “25 of the Act of 1991” to the end, substitute “13 of the Tribunals, Courts and Enforcement Act 20073(right to appeal to Court of Appeal etc)”;

(c) in paragraph (2) for “Commissioner” substitute “ Upper Tribunal”; and

(d) in paragraph (3) for “Commissioner’s” substitute “Upper Tribunal’s”.

S-7 After rule 3.24, insert— 3.25 Proceedings under Part 4A of the...

7. After rule 3.24, insert—

S-3.25

Proceedings under Part 4A of the Family Law Act 1996: interpretation of rules and forms

3.25.—(1) In rules 3.26 to 3.36—

“a forced marriage protection order” means an order under section 63A of the Family Law Act 19964;

“the person who is the subject of the proceedings” means the person who will be protected by the forced marriage protection order applied for or being considered by the court of its own motion, if that order is made, or who is being protected by such an order.

(2) In connection with proceedings under Part 4A of the Family Law Act 1996, references in the forms mentioned below to “respondent” are to be read—

(a)

(a) in Forms FL408, FL413 and FL414, as references to the respondent or other person who has failed to comply with the forced marriage protection order or is otherwise in contempt of court in relation to the order;

(b)

(b) in Forms FL409, FL410, FL411 and FL412, as references to the respondent or other person arrested under section 63I or 63J of the Family Law Act 19965.

S-3.26

Applications under Part 4A of the Family Law Act 1996 for forced marriage protection orders

3.26.—(1) An application for a forced marriage protection order, including an application for a forced marriage protection order which is made in other proceedings which are pending, shall be made in Form FL401A.

(2) An application for a forced marriage protection order made by an organisation shall state—

(a)

(a) the name and address of the person submitting the application; and

(b)

(b) the position which that person holds in the organisation.

(3) Where an application is made without notice, it shall be supported by a sworn statement explaining why notice has not been given.

S-3.27

Leave stage for forced marriage protection orders

3.27.—(1) Where the leave of the court is required to apply for a forced marriage protection order, the person seeking leave shall file—

(a)

(a) a written request for leave in Form FL430 setting out—

(i) the reasons for the application;

(ii) the applicant’s connection with the person to be protected;

(iii) the applicant’s knowledge of the circumstances of the person to be protected; and

(iv) the applicant’s knowledge of the wishes and feelings of the person to be protected;

and

(b)

(b) a draft of the application for the making of which leave is sought, together with sufficient copies for one to be served on each respondent and the person to be protected.

(2) As soon as practicable after receiving a request under paragraph (1), the court shall—

(a)

(a) grant the request, or

(b)

(b) direct that a date be fixed for the hearing of the request and fix the date,

and the proper officer shall inform the following persons of the court’s action under this paragraph—

(i)

(i) the person making the request,

(ii)

(ii) the respondent,

(iii)

(iii) (if different) the person to be protected, and

(iv)

(iv) any other person directed by the court.

(3) Where leave is granted to bring proceedings, the application shall proceed in accordance with rule 3.26.

S-3.28

Service of the application for a forced marriage protection order

3.28.—(1) Subject to paragraph (3), in every application made on notice the applicant shall serve a copy of the application, together with the notice of proceedings in Form FL402A, on—

(a)

(a) the respondent,

(b)

(b) the person who is the subject of the proceedings (if not the applicant), and

(c)

(c) any other person directed by the court,

personally not less than 2 days before the date on which the application will be heard.

(2) The court may abridge the period specified in paragraph (1).

(3) Service of the application shall be effected by the court if the applicant so requests.

This does not affect the court’s power to order substituted service.

(4) The applicant shall file a statement in Form FL415 after the application has been served.

S-3.29

Transfer of proceedings

3.29.—(1) Subject to any enactment, where proceedings under Part 4A of the Family Law Act 1996 are pending, the court may transfer the proceedings to another court of its own motion or on the application of a party or (if not a party) the person who is the subject of the proceedings.

(2) The order for transfer shall be in Form FL417.

S-3.30

Parties to proceedings for a forced marriage protection order

3.30.—(1) In proceedings under Part 4A of the Family Law Act 1996, a person may file a request in Form FL431 for that person or another person to—

(a)

(a) be joined as a party, or

(b)

(b) cease to be a party.

(2) As soon as practicable after receiving a request under paragraph (1), the court shall do one of the following—

(a)

(a) in the case only of a request under paragraph (1)(a), grant the request;

(b)

(b) order that the request be considered at a hearing, and fix a date for the hearing; or

(c)

(c) invite written representations as to whether the request should be granted, to be filed within a specified period, and upon expiry of that period act under sub-paragraph (a) or (b) as it sees fit;

and the proper officer shall inform the following persons of the court’s action under this paragraph—

(i)

(i) the person making the request,

(ii)

(ii) the applicant and the respondent,

(iii)

(iii) (if different) the person who is the subject of the proceedings, and

(iv)

(iv) any other person directed by the court.

(3) The court may direct—

(a)

(a) that a person who would not otherwise be a respondent under these rules be joined as a party to the proceedings; or

(b)

(b) that a party to the proceedings cease to be a party;

and such a direction may be made by the court of its own motion as well as upon a request under paragraph (1).

S-3.31

Orders for disclosure against a person not a party

3.31.—(1) This rule applies where an application is made to the court under any Act for disclosure by a person who is not a party to the proceedings.

(2) The application must be supported by evidence.

(3) The court may make an order under this rule only where—

(a)

(a) the documents of which disclosure is sought are likely to support the case of the applicant or adversely affect the case of one of the other parties to the proceedings; and

(b)

(b) disclosure is necessary in order to dispose fairly of the proceedings or to save costs.

(4) An order under this rule shall—

(a)

(a) specify the documents or the classes of documents which the non-party must disclose; and

(b)

(b) require the non-party, when making disclosure, to specify any of those documents—

(i) which are no longer in his control; or

(ii) in respect of...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT