25 September 2007
Update on the work of the family procedure rule committee during May, June, and July.
July 2007
The Committee made the Family Procedure (Adoption) (Amendment) Rules 2007 [S.I. 2007 No.2189 (L.19)] containing minor amendments consequential upon the Mental Capacity Act 2005.
Additionally, the Family Proceedings (Amendment) (No.2) Rules 2007 [S.I. 2007 No. 2187 (L.17)] were made containing rules to support sections 6 (provisions as to family assistance orders) and 7 (risk assessments) of the Children and Adoption Act 2006. Minor amendments to the provisions relating to the enforcement rules were made in consequence of the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 and these are contained in the Family Proceedings (Amendment) (No.3) Rules 2007 [S.I. 2007 No. 2268 (L.22)].
The Committee continued its development of new Family Procedure Rules and is now considering draft rules and key practice directions.
June 2007
The Committee gave its first consideration to draft rules relating to mediation and other forms of alternative dispute resolution.
The Committee gave further consideration to amendments to the existing rules:
(i) arising out of the Mental Capacity Act 2005,
(ii) relating to the communication of information about proceedings, without leave of the court, to adoption panels and in relation to child support appeal tribunal proceedings,
(iii) arising out of sections 6 and 7 of the Children and Adoption Act 2006 and
(iv) arising out of a proposed bilateral agreement between the United Kingdom and the United States of America relating to the reciprocal enforcement of maintenance orders.
The Committee's children's proceedings working party and child abduction working party met to develop further the respective strands of the new Family Procedure Rules.
May 2007
The Committee continued its work towards the development of new Family Procedure Rules, devoting its attention, in particular, to draft rules relating to service of documents, evidence and the reciprocal enforcement of maintenance orders.
Additionally, further consideration was given to amendments to the existing rules arising out of the Mental Capacity Act 2005 and sections 6 and 7 of the Children and Adoption Act 2006.
The Committee was also consulted, as required under the Courts Act 2003, on draft Justices of the Peace (Training and Development Rules), Family Proceedings Courts (Constitution of Committees and Right to Preside) Rules and the Youth Courts (Constitution of Committees and Right to Preside) Rules.