Family Procedure Rules
The Magistrates' Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 will come into force on 18 June 2011.
- consolidate a number of separate provisions in court rules dealing with the enforcement of maintenance orders in the magistrates' court;
- apply the Family Procedure Rules 2010 ("the FPR") to various proceedings in the magistrates' courts, for example in relation to the variation of maintenance orders and the enforcement of orders relating to contact with children;
- make separate provision in respect of certain other applications in the magistrates' courts, for example, the enforcement of residence orders with respect to children;
- amend the Magistrates' Courts Rules 1981 to reflect the application of the Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ("the EU Maintenance Regulation") from 18 June 2011.
The Rules consolidate the provisions which are currently contained in a number of separate sets of Rules, including the following:
- Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950 ("the 1950 Rules");
- Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959 ("the 1959 Rules");
- Magistrates' Courts (Recovery Abroad of Maintenance) Rules 1975 ("the 1975 Rules");
- Magistrates' Courts (Enforcement of Children Act 1989 Contact Orders) Rules 2008;
- The Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 (in so far as they remain in force before 18th June 2011); and
- The Family Proceedings Courts (Children Act 1989) Rules 1991 (in so far as they remain in force before 18th June 2011).
The Rules do not introduce new applications, but bring together the provisions from other previous sets of court Rules. The Rules revoke a number of previous court rules, either completely or in part, and these are listed in Schedule 5 to the Rules.
The link to the Rules and the Practice Directions covering forms to be used for applications under the Rules and the forms themselves and the arrangements for transitional provisions to be used in proceedings currently before the courts are included below.