Shared Parenting Information Group (SPIG) UK

- promoting responsible shared parenting after separation and divorce -

Family Proceedings Rules

- for The Children Act 1989 -

County Courts & High Courts

The Family Proceedings Rules 1991 (Statutory Instrument 1991 No 1247) replace: The rules are arranged in the following parts:
 I    	Preliminary
 II   	Matrimonial Causes
 III  	Other Matrimonial etc Proceedings
 IV   	Proceedings under the Children Act 1989
 V    	Wardship
 VI   	Child Abduction & Custody Act 1985
 VII  	Enforcement of Orders
 VIII 	Appeals
 IX   	Disability
 X    	Procedure (General)
Appendix 1 - Standard Forms
Appendix 2 - Contents of Petition
Appendix 3 - Part IV Applications - notices & respondents
Those who are familiar with Matrimonial Causes Rules 1977, may be interested in the following rules:

Rule 2.63 - Request for further information etc. (Replacing MCR 1977 Rule 77)
"Any party to an application for ancillary relief may by letter require any other party to give further information concerning any matter contained in any affidavit filed by or on behalf of that other party or any other relevant matter, or to furnish a list of relevant documents or to allow inspection of any such document, and may, in default of compliance by such other party, apply to the district judge for directions".

Rule 10.20 - Inspection of documents retained in court. (Replacing MCR 1977 Rule 130).
This entitles a party to any family proceedings or his solicitor to "have a search made for, and may inspect and bespeak a copy of, any document filed or lodged in the court office in those proceedings". This rule does not require any party to disclose their address [rule 10.21]

Magistrates Court

The Family Proceedings Courts (Children Act 1989) Rules 1991 (Statutory Instrument 1991 No 1359) are arranged in the following parts:
I    Introductory
II   General - largely as part IV of SI 1247
III  Miscellaneous
Schedule 1 - Standard Forms
Schedule 2 - Respondents & notice
Schedule 3 - Consequential & minor amendments

NOTE: Rules 3 to 21 of SI 1359 are largely as rules 4.3 to 4.21 of SI 1247.

David Cannon
Originally published - March 1992

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