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Family Law

The leading authority on all aspects of family law

03 AUG 2011

Guidance Note to Family Proceedings Courts Issued by the Justices' Clerks Society

The Family Procedure Rules 2010 have consolidated the pre-existing rules applicable to family courts and with particular reference to the Family Proceedings Courts have brought about a number of changes of substance. Of these changes guidance has been sought in relation to three matters -

  • making a child party to proceedings under Rules 16.2 of the new rules  and the appointment of a guardian under Rule 16.4.

  • the ability to appoint a litigation friend or the official solicitor in protected party cases and the option to retain jurisdiction in such cases.

  • when to exercise the power to stay proceedings under Rule 4.1 (3)(g) of the new rules

The following guidance notes are intended to assist Magistrates and Legal Advisers in the Family Proceedings courts when considering these matters in the Family Proceedings Courts. It is accepted that different considerations may apply when a District Judge (Magistrates' Courts) is adjudicating in these courts.

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