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Family Law

The leading authority on all aspects of family law

10 APR 2012

The Family Procedure (Amendment) Rules 2012

Jonathan Cailes

Major Works Manager

@JPFamilyLaw

The Family Procedure (Amendment) Rules 2012

These Rules, which came into effect on 6 April 2012, amend the Family Procedure Rules 2010 ("the FPR"):

Rule 2.3(1) of the FPR defines various terms. Rule 3(a) of these Rules amends the definition of "financial remedy" in the FPR to exclude certain applications for permission to apply for particular types of financial remedy. Rule 3(b) amends the definition of "professional acting in furtherance of the protection of children" to include members and employees of the Independent Safeguarding Authority.

Rule 4 amends rule 4.1(8) of the FPR to clarify that a court may not grant an extension of the time period within which an application for a "section 89 order" (as defined in the FPR) may be made.

Rule 5 amends rule 5.1 of the FPR to make clear that that rule is subject to rule 29.1 of the FPR.

Rules 6, 10(a)(iii) and (c), 11(a), 13, 16 and 17 amend the FPR so that certain matters previously verified by affidavit are to be verified by a statement of truth.

Rule 7 amends rule 7.6 of the FPR to specify the proceedings in which a statement of reconciliation is required.

Rule 8 amends rule 7.10(4) of the FPR to provide that where a person is named in an application for a matrimonial or civil partnership order as having had an improper association with the other party to the marriage or civil partnership, the court may direct that that named person be a correspondent to the application.

Rule 9 amends rule 7.12 of the FPR to ensure that various specific provisions apply to a correspondent to an application as they already apply to a respondent. Rule 10(a)(i) and (ii) and (b) makes amendments consequential upon those made by rule 9.

Rule 11(b) amends rule 7.20 of the FPR to make provision for access to documents following the making of a decree or order under r7.20(2)(a) FPR.

Rule 12 amends rule 7.27(1)(c) of the FPR, which relates to the staying of certain proceedings.

The amendment clarifies the intention of the provision.

Rule 14 amends rule 7.36 of the FPR to remove references to payment of prescribed fees. This amendment makes rule 7.36 of the FPR consistent with other provisions in the FPR (where no references to fees being payable are included, as provision for fees is made in other statutory instruments).

Rule 15 amends rule 8.20(1) of the FPR to make clear who should be a respondent to an application for a declaration of parentage under section 55A of the Family Law Act 1986.

Rule 18 inserts a new rule 9.26B in the FPR to make provision for the addition or removal of parties in proceedings for a financial remedy.

Rules 19(a), 20, 21, 22, 26, 28(c) and 29 make minor, technical or tidying amendments various provisions of the FPR.

Rule 19(b) amends rule 9.36(5) of the FPR to clarify the starting point of the time limit within which certain documents must be sent to specified persons when a court varies or discharges a pension sharing order or a pension attachment order.

Rule 23 amends rule 16.36(1) of the FPR to apply the provision on who may not be appointed as a children's guardian, reporting officer or a children and family reporter to certain "specified proceedings" (as defined in the FPR).

Rule 24 amends rule 20.7(2)(a)(ii) of the FPR to ensure that the intended meaning is clear, that the provision reads properly and that it cross-refers to the appropriate terms in the Civil Jurisdiction and Judgments Act 1982.

Rule 25 substitutes a new rule 29.12 in the FPR to make detailed provision for the access to and inspection of documents retained in court.

Rule 27 amends rule 34.3(a) of the FPR to remove the requirement to "sign" a memorandum entered in the magistrates' court register.

Rule 28(b) amends rule 34.28A of the FPR to insert a definition of "the 1968 Convention" to apply to the whole of Chapter 3 of Part 34 of the FPR.

Saving and transitional provisions are made in rule 30.

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