Here you will find updates on the work of the family procedure rule committee. In addition to providing information on the actual making of rules, they show the subject areas of rules in family proceedings that have been considered by the committee at its previous six meetings.
The Rule Committee held its second open meeting on 2 April attracting 16 observers who at the conclusion of the morning’s business were afforded the opportunity to put questions to the Committee.
In addition to considering draft Family Procedure Rules that have been developed by its working parties, the Committee considered proposed amendments to existing Family Proceedings Rules arising out of the Domestic Violence, Crime and Victims Act 2004 and sections 6 and 7 of the Children and Adoption Act 2006.
The Committee did not meet but its working parties continued to work towards developing various strands of the draft rules.
A working party (the Child Abduction Working Party) was created and met to examine and make recommendations about the manner in which the current provisions for the conduct of proceedings relating to international parental child abduction and connected matters may be best be adapted to and incorporated into the Family Procedure Rules.
The Rule Harmonisation Working Party met twice to continue its consideration of the application of the Civil Procedure Rules (CPR) relating to costs and evidence and to begin its examination of CPR Parts 3 (court’s case-management powers), 11(procedure for disputing the court’s jurisdiction), 25 (interim remedies) and 42(change of solicitor).
The Committee met to continue its consideration of draft Family Procedure Rules.
It focused on draft rules relating to:
Additionally reports back were received from the Committee’s Rule Harmonisation Working Party on its work in developing rules relating to service of documents and evidence and from the Financial Proceedings Working Party on its proposals regarding procedures under Part III Matrimonial and Family Proceedings Act 1984 (financial relief after overseas divorce) and the challenging of consent orders.
Draft amendments to existing Family Proceedings Rules arising out of the Domestic Violence, Crime and Victims Act 2004 were also considered.
The Committee did not meet in January but the development of Family Procedure Rules was continued by its Financial Proceedings and Rule Harmonisation Working Parties.
The Financial Proceedings Working Party considered draft financial remedy rules and looked, in particular, at the enforcement of undertakings, the procedure for challenging consent orders and the procedure for applications under Part III Matrimonial and Family Proceedings Act 1984 (financial relief after overseas divorce).
The Rule Harmonisation Working Party continued its examination of the application of Civil Procedure Rules relating to service and evidence and began to examine the application of the rules relating to costs, in particular to family proceedings in the magistrates’ courts.