Family Procedure Rules
What’s New
[This page was last updated on 24 May 2024]
Practice Direction Update No 5 of 2024
PD7A: Procedure for Applications in Matrimonial and Civil Partnership Proceedings
- The Update amends PD7A so that where a marriage or civil partnership certificate, document or certified copy is not in English, a translation of that document must be verified by a translator and certified by a notary public or authenticated by a statement of truth.
- The amendment comes into force on 1 June 2024.
PD9A (Application for Financial Remedy)
PD12B (Child Arrangements Programme)
PD12B (Pilot) (Private Law Reform: Investigative Approach)
- The Update amends PD9A to replace the current pre-action protocol, annexed to the PD, with a new pre-application protocol.
- The Update amends PD12B and PD12B (Pilot) to insert as annexes into each a new pre-application protocol. The pre-application protocols set out the steps the court will expect parties to take before beginning proceedings for financial remedy or private law proceedings relating to children, as well as setting out sources of information and support.
- The PD amendments and the pre-application protocols come into force on 31 May 2024.
PD12F: International Child Abduction
- The Update amends Annex 1 to this PD to update the Home Office email address to which requests for immigration and visa information for use in family court proceedings are to be sent under the Protocol “Communicating with UK Visas and Immigration (UKVI) in Family Proceedings” agreed between the President and the Home Office in 2018.
- The amendments came into force on 23 May 2024 (being the day after the date on which the Minister signed the Update).
PD36N: Pilot Scheme: Procedure for online filing and progression of certain applications for or in relation to a financial remedy
- Prior to the amendment made by the Update, this PD applied to cases where the application is before the end of the day on 30 June 2024.
- The Update amends this PD to extend that end date from 30 June 2024 to 31st December 2024.
- The amendment came into force on 23 May 2024 (being the day after the date on which the Update was signed by the Minister).
PD36ZE: Pilot Provision: Temporary Modification of Practice Directions 2C, 12A and 12B
- The Update amends this PD to extend the temporary powers of Justices’ Legal Advisers such that they can make Parental Responsibility Orders under section 12(1) or 12(1A) Children Act 1989) and accept undertakings (under Part 4 Family Law Act 1996) when there is informed consent from all parties and no safeguarding issues are raised.
- These amendments came into force on 23 May 2024 (being the day after the date on which the Update was signed by the Minister).
New PD41G: Proceeding by Electronic Means: Certain Proceedings for a Matrimonial Order or Civil Partnership Order (New Law)
- The Update inserts a new PD41G to underpin the procedure for applications made on the online service.
New PD41G replaces pilot PD36ZC and comes into force on 1 June 2024.
PD Making Document (PDF)
Practice Direction Update No 4 of 2024
This Practice Direction (PD) Update No. 4 of 2024 introduces new Pilot Practice Direction PD36ZG.
PD36ZG: Pilot Practice Direction – Part 3 of the Domestic Abuse Act 2021: Provision during piloted commencement
- New PD36ZG provides for the family court procedure to be used during the piloted commencement of the new Domestic Abuse Protection Order. This Practice Direction supplements rule 36.2A FPR (Domestic Abuse Act 2021: provision during pilot commencement of Part 3).
- PD36ZG is to be inserted after Practice Direction 36ZF, having come into force on 9 May 2024, in readiness of commencement.
- The PD will not be in active use until Part 3 of the Domestic Abuse Act 2021 has been commenced for piloting purposes. Courts in the piloting sites are aware of the preparations for the pilot launch. This information will be updated once a commencement date for piloting of Part 3 of the Domestic Abuse Act 2021 has been confirmed.
PD making document (PDF)
Practice Direction Update No 3 of 2024
This Practice Direction (PD) Update No. 3 of 2024 introduces new Practice Direction 2D.
PD2D: Functions of the High Court which may be performed by a specified Court Officer
- New PD2D sets out the functions of the High Court which may be carried out by a legally qualified court officer. It supplements rule 2.5(1B) and (1C) FPR (power to perform functions conferred on the court by these rules and practice directions).
- PD2D is inserted after Practice Direction 2C and came into force on 17 April 2024.
PD Making Document (PDF)
Practice Direction Update No 2 of 2024
This Practice Direction (PD) Update No. 2 of 2024 makes amendments to one existing Practice Direction and introduces two new Practice Directions.
PD5A: Forms
- PD5A lists out, by name and number, the standard forms which must be used by court users in family proceedings.
- From 29 April 2024, in private law children proceedings and in contested financial remedy proceedings parties will be required to file and serve a standard form setting out their views on engaging with non-court dispute resolution (except in cases where domestic abuse is in issue). This form will have to be filed and served before the first “on notice” hearing, and, if the court so directs, before any subsequent hearing in the proceedings.
- The Update amends PD5A to include references to the number and name of the new form (FM5). It also corrects an incorrect cross-reference to the heading to Part 3 of the FPR in PD5A.
PD8B:Declarations of parentage: adopted children
- Following the judgment in H v An Adoption Agency (Declaration of Parentage Following Adoption) [2020] EWFC 74 the Family Procedure Rule Committee established a Working Group to consider whether rules of court or supporting practice directions were needed to set out procedures to be followed in cases where a declaration of parentage under section 55A Family Law Act 1986 is sought by a birth parent in a case where a child has been adopted.
- New PD8B is the result of that Working Group’s consideration.
- PD8B will come into force on 8 April 2024, which is the same date as the associated amendments to the Family Court (Composition and Distribution of Business) Rules 2014 come into force.
PD41F: online placement order proceedings
- Pilot PD36P underpinned HMCTS’s online system for placement order proceedings where the application was made on or before 31 March 2024.
- The Update inserts new PD41F, which is a “permanent” (as opposed to pilot) PD. This applies to applications made on or after 1 April 2024. The procedure in this PD does not differ from that in pilot PD36P.
PD Making document (PDF)
Practice Direction Update No 1 of 2024
This Practice Direction (PD) Update No.1 of 2024 makes amendments to various existing Practice Directions:
- Amendments are made to PD3A in relation to MIAMs. This Update makes two amendments. The first corrects a minor numbering error. The second relates to the new form which parties will be required to complete setting out their views on engaging with non-court dispute resolution. The amendment provides that the new form must be verified by a statement of truth. The amendments to PD3A came into force on 29 April 2024.
- PD5B provides detail about when and how parties may communicate with the court by email. The PD contains a hyperlink to detailed guidance from HMCTS. That guidance has been updated and a new hyperlink has been created. The Update amendments PD5B to insert the new hyperlink. This amendment came into force on 19 February 2024.
- PD12J applies in private law proceedings relating to children where domestic abuse is in issue. The PD currently contains two references to “DAPPs” (Domestic Abuse Perpetrator Programmes). The Update amends these to more generic references to “domestic abuse interventions” as DAPPs are no longer being provided. These amendments came into force on 19 February 2024.
- PD36G and PD36ZD provide procedural underpinning for HMCTS’s pilot online systems to enable applications for child arrangements orders to be made and progressed. PD36G underpins the system whereby litigants can create an application online and then email it to the court. PD36ZD underpins the newer system whereby applications can be generated and submitted via the digital portal. The Update amends both of these PDs to extend their end dates from 31 March 2024 to 31 March 2025.
- The Update also amends PD36ZD to make express provision for the court to send information relating to proceedings to Cafcass/ Cafcass Cymru in cases where the court has commissioned Cafcass/ Cafcass Cymru to prepare a section 7 report or where they are otherwise engaged in proceedings progressing on the digital portal.
- PD36Z and annexed PD12B (Pilot) underpins the Pathfinder Pilots. The Update makes amendments to make provision for the pilot to begin on 29 April 2024 in South East Wales and on 28 May 2024 in Birmingham.
- PD36ZA underpins a pilot scheme in place in North Yorkshire under which the court sends copies of any occupation orders with powers of arrest attached and any non-molestation orders by email to the police. The Update amends the pilot PD to extend its end date to 28 February 2025.
- The amendments to PD36G, PD36Z, PD36ZA and PD36ZD came into force on the 14 February 2024.
- PD36ZF underpins a pilot scheme which requires Expert Assessment Checklists and/or Readiness Checklists to be filed in public law proceedings relating to children in specified pilot courts. The Update amends PD36ZF so that in the family court in Nottingham only the Readiness Checklist need be filed from 1 March 2024.
PD Making document (PDF)
The Family Procedure (Amendment No. 2) Rules 2023
1. The Family Procedure (Amendment No.2) Rules 2023 amend the Family Procedure Rules 2010 (‘the FPR’) In the following ways:
i. Amendments are made to Part 3 FPR, on “Mediation Information and Assessment Meetings (MIAMs) and non-court dispute resolution”, and Part 28 FPR, on “costs” following the publication of the Family Procedure Rule Committee’s consultation on Early Resolution in March 2023.
ii. Amendments are made to reflect the change of terminology and definitions across the FPR and PDs from “domestic violence” to “domestic abuse”, in line with the Domestic Abuse Act 2021.
iii. Amendments are made which are consequential upon the changes at (i) and (ii) above.
iv. Amendments are made to enable provision to be made in a new Practice Direction for specified members of High Court staff to undertake specified court functions.
The provisions in the Family Procedure (Amendment No.2) Rules 2023 will come into force on 8 April 2024 (for the power to make a Practice Direction relating to court staff undertaking court functions) or on 29 April 2024 (for the remainder of the provisions).
Practice Direction Update No 6 of 2023
This Practice Direction (PD) Update No.6 of 2023 makes amendments to various existing Practice Directions and introduces one new pilot Practice Direction.
- Amendments are made to PD3A in conjunction with the amendments made to Part 3 and Part 28 FPR in the Family Procedure (Amendment No.2) Rules 2023, which are intended to increase MIAM attendance and the earlier resolution of private law proceedings relating to children and financial remedy proceedings.
- Amendments are made to various PDs to reflect the update in the terminology from “domestic violence” to “domestic abuse”, in line with the Domestic Abuse Act 2021.
- Amendments to PD provisions are made which are consequential upon the changes at (I) and (II) above.
- PD30A, which relates to appeals, is amended to update the address for service of appeals relating to child support provisions on the Secretary of State, Department for Work and Pensions.
- A new temporary pilot practice direction made under rule 36.2 FPR (PD 36ZF) is introduced to facilitate a Readiness and Expert Checklist pilot scheme commencing on 2 January 2024. PD36ZF temporarily modifies Part 12 FPR and Practice Direction 12A to introduce a requirement in pilot cases for the use of two new procedural checklists, with a view to reducing case delays and improving communication between professionals in public law proceedings relating to children.
- The end date of Pilot Practice Direction 36N, which underpins HMCTS’s online process for contested financial remedy proceedings, is extended to 30 June 2024
The provisions in this Practice Direction Update come into force on the dates specified on the first page of the Update.
PD Making document (PDF)
Practice Direction Update No 5 of 2023
This Practice Direction (PD) Update No.5 of 2023 makes amendments to existing Practice Directions underpinning HMCTS’s online systems for certain types of family proceedings. In addition, a minor amendment has been made to PD6A, consequential to implementation of the Divorce, Dissolution and Separation Act 2020.
PD36P
- PD36P is a pilot PD which provides the procedural underpinning for HMCTS’s online system for proceedings for a placement order. A placement order authorises a local authority to place a child for adoption with any prospective adopters who may be chosen by the authority. Prospective adopters would then have to apply for an adoption order.
- The pilot PD came into force on 9 March 2020. Its end date has been extended since then and is currently stated to be 31 October 2023.
- The Update amends the end date to 31 March 2024.
PD36ZC
- PD36ZC is a pilot PD which provides the procedural underpinning for HMCTS’s online system for proceedings for a divorce or for dissolution of a civil partnership.
- Three amendments have been made to the pilot PD:
- An amendment to allow the validity of marriages that have been registered in England and Wales after 1 January 2011 to be verified by HM’s Passport Office’s ‘Life Event Service’.
- An amendment to reflect the online notification system whereby, if there is a joint application which becomes a sole application at conditional order stage, a notification is sent to the new respondent that a sole application for conditional order has been made.
- An amendment to extend the end date of the pilot PD to 31 May 2024
- PD6A
- PD6A supplements Part 6 (service) of the Family Procedure Rules 2010. The Update makes a minor consequential amendment (by substituting reference at paragraph 12.2 of the PD to r.7.19(4) with r.7.9(4)). This amendment is consequential to the implementation of new rules necessary for the implementation of the Divorce, Dissolution and Separation Act 2020.
The provisions in PD Update No.5 of 2023 come into force on 31 October 2023.
PD Making Document (PDF)
Practice Direction Update No 4 of 2023
This Practice Direction (PD) Update No.4 of 2023 makes amendments to two existing Practice Directions underpinning HMCTS’s online systems for certain types of family proceedings.
PD36G:
- This pilot PD underpins HMCTS’s online system whereby applications for certain orders in relation to children, such as for a child arrangements order, can be generated online by an applicant. It is currently stated to end on 31 October 2023.
- PD Update No 4 of 2023 extends this end date to 31 March 2024, in line with a similar extension to PD36ZD (below).
PD36ZD:
- This pilot PD underpins HMCTS’s Private Family Law digital service which currently applies to applications for orders under section 8 Children Act 1989, such as for a child arrangements order, and under Part 4 Family Law Act 1996 for a non-molestation order or occupation order.
- PD Update No 4 of 2023:
- amends PD36ZD to underpin the planned extension HMCTS’s Private Family Law digital service to include other types of proceedings which are listed in new paragraph 1.2A of PD36ZD (as inserted by the Update).
- extends the end date of PD36ZD to 31 March 2024
- The Private Family Law digital service changes will be rolled out gradually, with the approval of senior judiciary.
The provisions in PD Update No.4 of 2023 come into force on 31 July 2023.
PD making document (PDF)
Practice Direction Update No 3 of 2023
This Practice Direction (PD) Update No.3 of 2023 will introduce one new PD revoke one existing PD and make amendments to various existing PDs.
The following PDs are amended in order to ensure that their content matches the operational reality of various of HMCTS’s online application processes:
- PD36P (Pilot Scheme: placement proceedings: procedure for specified steps to be taken via the online system)
- PD36ZD (Pilot Scheme: online system for certain private law proceedings relating to children and for certain protective orders), and
- PD41D (Proceeding by electronic means: public law proceedings and emergency proceedings relating to children).
PD Update No.3 of 2023 also makes provision to:
- revoke the current pilot PD36ZB which underpins HMCTS’s online system to create and file an application for an adoption order in post-placement order proceedings; and
- replace that pilot PD with a “permanent” new PD41E (Procedure for using an online system to complete and file certain applications for an adoption order)
The provisions in PD Update No.3 of 2023 came into force on 18 May 2023
PD making document (PDF)
Practice Direction Update No 2 of 2023
PD Update No.2 of 2023 makes the following provisions:
- PD2C, which makes provision for functions of the family court which may be performed by a Justices’ Legal Adviser, is amended to correct a cross-reference to a specific paragraph in another PD.
- PD36P is amended to extend the end date of the pilot PD underpinning HMCTS’s online placement proceedings system from 31 March 2023 to 31 October 2023.
- PD 36V is amended to extend the end date of the pilot PD that modifies existing rule and PD provision to reflect the existence of the family mediation voucher scheme from 31 March 2023 to 31 March 2025.
- PD36Z, which underpins the pilot Investigatory Approach currently in place in pathfinder courts, is amended in consequence of the new PD36ZE.
- PD36ZB is amended to extend the end date of the pilot PD underpinning HMCTS’s online adoption proceedings system, from 31 March 2023 to 31 October 2023.
- PD36ZC is amended to extend the end date of the pilot PD underpinning HMCTS’s online system for matrimonial and civil partnership proceedings from 5 April 2023 to 30 November 2023.
- A new pilot PD, PD36ZE, replaces PD36Y to continue various flexibilities for a further period.
- PD41D, which underpins HMCTS’s online system for public law proceedings, is amended to mandate use of the online system by legal representatives.
PD Making Document (PDF)
Practice Direction Update No 1 of 2023
PD Update No. 1 of 2023 makes the following provision:
- PD5A (Forms) is amended in light of the new rule in the FPR (see the Family Procedure (Amendment) Rules 2023) about financial information being provided before a hearing on an enforcement application. The amendment makes clear that Form E1 should be used to provide this information. This amendment comes into force on 6 April 2023.
- The current PD6C, which makes provision about orders or requests for disclosure of information by Government Departments when the court is seeking to obtain address details for a party or a child, is replaced by a new PD6C with up to date addresses for DWP and HMRC. The new PD6C came into force on 18 February 2023.
- PD12G and PD14E, which make provision as to when it would not be contempt of court to disclose information from certain family proceedings, are amended so that it would not be contempt for a party to disclose such information to an Independent Domestic Violence Adviser (‘IDVA’) or Independent Sexual Violence Adviser (‘ISVA’). These amendments come into force on 6 April 2023.
- A new PD27C is added, which makes provision about the attendance of IDVAs and ISVAs at hearings in family proceedings. Cross-references to that new PD27C are added to four existing PDs (PDs 3AA, 12B, 12B(Pilot) and 12J). The new PD and the amendments to other PDs come into force on 6 April 2023.
- PD30A (Appeals) is amended in light of the new FPR amendment relating to permission to appeal (see the Family Procedure (Amendment) Rules 2023). This amendment comes into force on 6 April 2023.
- PD36ZA, which underpins a pilot scheme in North Yorkshire for early email notification by the court to the police of non-molestation orders and occupation orders with powers of arrest attached , is extended for a further year, to the end of February 2024. This amendment came into force on 18 February 2023.
- PD36ZC (which underpins HMCTS’s online service for divorce and civil partnership dissolution applications) and PD41B (which underpins HMCTS’s online service for consent financial remedy applications) are amended to reflect the operational reality as to how a legal representative’s consent is given to be served with documents and orders relating to the proceedings via the online service. This amendment came into force on 18 February 2023.
Various PDs, as set out in Annex 3 to the PD Update, are amended to reflect the accession of King Charles III. These amendments came into force on 18 February 2023.”
PD Making document (PDF)
The Family Procedure (Amendment) Rules 2023
The Family Procedure (Amendment) Rules 2023 will come into force on 27 February and 6 April 2023.
The Family Procedure (Amendment) Rules 2023 amend the Family Procedure Rules 2010 in the following ways:
- in light of the accession of King Charles III, various references to ‘Her Majesty’ and ‘Queen’s Bench Division’ are amended to refer to ‘His Majesty’ and ‘ King’s Bench Division’.
- amendments are made to provide for provisions relating to the attendance of Independent Domestic Violence Advisers (‘IDVAs’) and Independent Sexual Violence Advisers (‘ISVAs’) at family proceedings held in private to be made in a practice direction.
- the procedure for applications for the court to consent to a 16 or 17 year old to marry or enter into a civil partnership is removed from the Family Procedure Rules 2010, in light of provision in the Marriage and Civil Partnership (Minimum Age) Act 2022, which increases the minimum age at which a person may marry or enter into a civil partnership to 18.
- an additional category of judge is added to the list of those who can dismiss an application for permission to appeal as totally without merit on the papers and order that the permission application may not be renewed at an oral hearing.
- the procedure to be followed when an application is made to enforce an order in family proceedings is altered so that the debtor is required to provide details of their financial means at least 7 days before the first court hearing on the application.
The amendments come into force on 6 April 2023, except those relating to consent to marry, which come into force on 27 February 2023.
Practice Direction Update No 9 of 2022
This PD Update No.9 of 2022 makes amendments to various existing Practice Directions
Amendments to PD5A: From 16 January 2023, Form E, rather than the current Form E2, should be completed on applications to capitalise a periodical payment order. PD5A, which lists standard Forms, is amended accordingly.
Amendments to PD36G: this pilot PD underpins the online system for generating online an application for an order under section 8 of the Children Act 1989. The Update extends the end date of the pilot PD from 31 December 2022 until 31 October 2023. This amendment came into force on 13 December 2022, being the day after the Ministry of Justice Minister signed the PD Update.
This Update also amends PD36G to reflect an operational change which means that from 16 January 2023 it will be possible to upload to the online system a certificate relating to compliance with the requirement to attend a Mediation Information and Assessment Meeting.
Amendments to PD36N: This update amends PD36N in various ways:
- to bring Schedule 1 Children Act 1989 applications (for financial provision for a child) (the amendments for this come into force on 16 December 2022);
- to reflect the operational reality as to when applications to set aside a financial remedy order and applications for payments in respect of legal services may be made via the online system (the amendments for this came into force on 13 December 2022);
- to reflect the operational reality as to how agreement to be served via the online system is given, and as to how service is affected for cases in the online system (the amendments for this come into force on 13 December 2022);
- to extend the end date of the pilot scheme from 31 December 2022 to 31 December 2023 (this amendment came into force on 13 December 2022); and
- to mandate use of the online system by legal representatives (the amendments for this come into force on 31 January 2023).
Amendments to PD36ZD: this PD underpins the online system for applications for section 8 Children Act 1989 orders, for permission for such section 8 orders or for Part 4 Family Law Act 1996 orders, to be made and progressed via an online system. The Update extends the end date of the pilot PD to 31 October 2023 and also underpins changes to the online system for an end-to-end process from application to final order for both legal representatives and unrepresented parties. The amendments relating to the end to end process come into force on 16 January 2023. HMCTS will roll out the end to end process gradually across England and Wales and will communicate details about who may access the online system and from when.
Amendments to PD41D: this PD underpins the online system for public law and emergency proceedings relating to children. The Update amends PD41D to reflect the fact that registration by legal representatives on “MyHMCTS” will be taken as confirmation that the legal representative is willing to accept service by the court via emails containing links to where the document being served can be accessed on the online system. This amendment came into force on 13 December 2023.
PD Making Document (PDF)
Practice Direction Update No 8 of 2022
PD Making document (PDF)
Practice Direction Update No 7 of 2022
This PD Update No.7 of 2022 introduces a new PD (PD11A) and makes amendments to an existing PD (PD36ZB).
Please note that the coming into force date for all provisions was 27 September 2022.
New PD11A;
The new PD 11A, replaces pilot PD36W and makes permanent provisions for Forced Marriage Protection Orders (FMPOs) and Female Genital Mutilation Protection Orders (FGMPOs) to be notified to the police by the court.
PD36ZB;
This PD underpins an online system for certain adoption order applications to be made online. The amendment to this Practice Direction extends the end date of the pilot scheme from 31 October 2022 to 31 March 2023.
PD Making Document (PDF)
Practice Direction Update No 6 of 2022
This PD Update No.6 of 2022 amends various Practice Directions and inserts one new Pilot Practice Direction as detailed.
Please note that the coming into force date for all provisions (a-d below) is to be 20 July 2022 except for PD41D (e) which comes into force on the 1 November 2022.
Amendments to pilot PD36M;
Pilot PD36M underpins the online public law system whereby applications for family public law orders are made and progressed via an online system. Pilot PD36M will expire on 31 October 2022 and a permanent PD will replace the provision to underpin this online system from 1 November 2022. This update makes a minor change to pilot PD36M and to reflect the fact that cases can now remain on the online system when proceedings are transferred from the family court to the High Court.
Amendments to pilot PD36P; This pilot PD underpins HMCTS’s online system for placement order proceedings. This pilot PD is currently stated to apply only to applications made on or before 1 September 2022. The Update amends PD36P to extend the end date to 31 March 2023.
Amendments to pilot PD36V: This pilot Practice Direction modifies existing rules and Practice Directions to reflect the existence of the pilot mediation voucher scheme, which assists with the funding of the costs of mediation in specified private family law cases. Pilot PD36V is scheduled to expire on 30 September 2022. The Update amends the end date of pilot PD36V to 31 March 2023.
Amendments to pilot PD36ZB: Pilot Practice 36ZB underpins HMCTS’s system for applications for adoption orders to be made online. The online application system is being tested across five regions, at eight Family Court locations. The amendment extends the testing sites to Central London, Liverpool and Reading Family Courts in order to increase the volume of data that the pilot can evaluate.
New Practice Direction 41D: Practice Direction 41D is intended to make permanent provision to underpin the online system for public law proceedings and emergency proceedings relating to children. It will replace pilot PD36M. The new PD 41D is intended to be put in place to make permanent (as opposed to pilot) provision to underpin the online system from 1 November 2022.
PD Making document (PDF)
Family Procedure (Amendment No. 2) Rules 2022
The Family Procedure (Amendment No. 2) Rules 2022 will come into force on 1 October 2022.
These rules:
- Clarify the time period within which an applicant must serve a forced marriage protection order or a female genital mutilation protection order.
- Introduce a new ‘enabling’ rule to allow provision to be made in a Practice Direction for notification to the police when a FM protection order or an FGM protection order is made, varied, extended or discharged.
- inserts a new chapter into Part 12 of the FPR to make provision about return proceedings with linked protection claims (including asylum claims).
- Insert a new ‘enabling’ rule to allow provision to be made in a Practice Direction for the piloting of a system of Domestic Abuse Protection Orders.
Practice Direction Update No 5 of 2022
This PD Update No.5 of 2022 amends Practice Direction 2C and inserts one new Practice Direction as detailed below:
Practice Direction 2C – Justices’ Legal Adviser
The Practice Direction Amendment to PD 2C enables the functions of the family court in relation to the prohibition of cross-examination in person provisions, introduced by the Domestic Abuse Act 2021, to be performed by Justices’ Legal Advisers. The amendment inserts reference to the new cross-examination Practice Direction 3AB in column 1 of the Table.
New Practice Direction 3AB – Prohibition of Cross-Examination in Person in Family Proceedings under Part 4B of the Matrimonial and Family Proceedings Act 1984
This new Practice Direction 3AB sets out the practice and procedure that family courts must have regard to in relation to the new prohibition of cross-examination in person provisions introduced by section 65 of the Domestic Abuse Act 2021. Section 65 of the Domestic Abuse Act 2021 inserts a new Part 4B into the Matrimonial and Family Proceedings Act 1984 prohibiting perpetrators of abuse from cross-examining victims in person (and vice-versa) in specified circumstances in family proceedings. In particular, new Practice Direction 3AB sets out the practice and procedure where the court decides to give a direction prohibiting cross-examination in person and the process through which the court considers satisfactory alternatives to cross-examination in person, in the absence of which, the court may ultimately appoint a qualified legal representative to conduct the cross-examination.
PD Making document (PDF)
Practice Direction Update No 4 of 2022
This PD Update No.4 of 2022 amends various Practice Directions and inserts one new Pilot Practice Direction as detailed below:
Practice Direction 12B – Child Arrangements Programme
Practice Direction Amendments to PD12B cross-refer courts and users to new PD12Q, which accompanies measures introduced in the Domestic Abuse Act 2021, highlighting the availability of section 91(14) orders. The amendments make clear that where allegations of domestic abuse or other risk of harm are alleged or proven, the court should give early consideration to whether a section 91(14) order may be appropriate on disposal of the main application. Amendments are also made to include consideration of whether any findings of fact may be necessary during the proceedings.
Practice Direction 12B (Pilot) – Private Law Reform: Investigative Approach
As with amendments to PD12B, these corresponding amendments cross-refer to new PD12Q.
Practice Direction 12J – Child Arrangements and Contact Orders: Domestic Abuse and Harm
Amendments to PD12J highlight the availability of section 91(14) orders in domestic abuse circumstances. New PD12Q is cross-referenced in these amendments.
Practice Direction 12Q
This new Practice Direction accompanies new section 91A of the Children Act 1989 (inserted by section 67 of the Domestic Abuse Act 2021), which came into force on 19 May 2022. The Practice Direction provides detail on the circumstances in which an order under section 91(14) of the Children Act 1989 might be appropriate, including in domestic abuse circumstances, for example to prevent abusive partners from using court proceedings to continue their coercive control or other abuse. The Practice Direction also refers to other circumstances, for example where a person’s conduct means an order is merited to protect the welfare of the child and where conduct includes harassment or other oppressive or distressing behaviour. It also provides further direction as to duration of a section 91(14) order; the process for applying for such an order; the considerations the court should take into account when deciding whether to make an order; and the process that should apply if a subsequent application is made for permission to apply.
PD Making document (PDF)
Practice Direction Update No 3 of 2022
This PD Update No.3 of 2022 amends various existing Practice Directions and introduces four new Practice Directions, three of which are pilot Practice Directions:
New Practice Direction 5D. The PD makes permanent, as opposed to pilot, provision in relation to bulk scanning of documents that are filed with or otherwise sent to the court via a specified third-party bulk scanning company, rather than by being sent to the court office. This PD will come into force on 3 April 2022. It will replace pilot PD36O and pilot PD36K.
Amendments to Practice Direction 30B. The Update amends PD30B to make the same provision for “legal bloggers” as it currently makes for accredited law reporters and accredited media reporters. Provision is also made about the evidence of identity legal bloggers must provide, being the same as is already required for the purposes of rule 27.11 FPR.
Amendments to Pilot Practice Direction 36G. The Update amends the PD to extend its end date to 31 December 2022 and amends the PD to ensure that it more closely reflects the way in which the current online system operates.
Amendments to Pilot Practice Direction 36N. The Update amends PD36N to extend the end date of the pilot to 31 December 2022. This date extension will come into force on 30 March 2022, whilst all other amendments to PD36N will come into force on the day on which section 1 of the Divorce, Dissolution and Separation Act 2020 comes fully into force.
Amendments to Pilot Practice Direction 36Y. PD36Y replicates the flexibilities, provided for by PD36Q and PD36R, that were put in place to assist with the administration of justice during the pandemic.
New Pilot Practice Direction 36ZB. New PD36ZB underpins a HMCTS pilot scheme to allow certain applications, and stages in proceedings, for an adoption order to be completed using an online system.
New Pilot Practice Direction 36ZC. New pilot PD36ZC establishes a Pilot Scheme to allow for an application for a matrimonial order or civil partnership order to proceed by electronic means via the online system.
New Pilot Practice Direction 36ZD. New PD36ZD underpins pilot for an online process for section 8 Children Act 1989 applications and for Part 4 Family Law Act 1996 applications.
Amendments to Practice Direction 41B. The Update amends PD41B to bring into scope consent financial remedy applications made in connection with other forms of application for matrimonial or civil partnership orders.
PD Making document (PDF)
Practice Direction Update No 2 of 2022
This PD Update No.2 of 2022 amends various Practice Directions and inserts one new Pilot Practice Direction as detailed below:
Divorce, Dissolution and Separation Act (DDSA 2020) consequential amendments:
- Practice Direction 2C – amended terminology to Practice Direction 2C which are consequential to the introduction of the new Part 7 of the Rules.
- Practice Direction 5A – updated amendments to Practice Direction 5A in reference to amended/new application forms as part of the work to implement the DDSA.
- Practice Direction 6A – amendments to Practice Direction 6A to provide further information on email service to support the amended Part 6 of the Rules.
- Practice Direction 7A – amendments to Practice Direction 7A to provide more information to support Part 7 of the Rules.
- Practice Direction 2A, 6C, 7B, 7C and 9A – updated terminology amendments.
- Pilot Practice Direction 36M. This Practice Direction underpins HMCTS’s system to enable family public law applications (for example for care orders) to be made and progressed online. This Update amends PD36M to mandate use by Local Authorities in the remaining family court locations (of which there are two) from 28 February 2022, as agreed by the senior judiciary. It also extends the pilot until 31 October 2022.
- Pilot Practice Direction 36V. This pilot Practice Direction modifies existing rules and Practice Directions to reflect the existence of the mediation voucher scheme and amends the pilot expiration date to 30 September 2022.
- Pilot Practice Direction 36W. This pilot Practice Direction makes provision for email notifications of forced marriage protection orders and female genital mutilation protection orders to be sent by the court to a centralised police email address once the order has been sealed. The Update will extend PD36W until 1 October 2022.
- Pilot Practice Direction 36Z. This Practice Direction provides the legal underpinning for the Private Law Reform Investigative Approach Pilots.This update amends a few minor errors and omissions from the pilot Practice Direction introduced in PD Update No. 1 of 2022.
- New Pilot Practice Direction 36ZA. This Pilot Practice Direction underpins a pilot that has been established with the North Yorkshire police to test an improved process for notification of non-molestation orders and occupation orders with powers of arrest attached.
PD Making document (PDF)
The Family Procedure (Amendment) Rules 2022
The Family Procedure (Amendment) Rules 2022 make amendments to the Family Procedure Rules 2010. Most of the amendments come into force on 1st April 2022 except
- rules 3, 6 to 27, 29 and the Schedule come into force on the day on which section 1 of the Divorce, Dissolution and Separation Act 2020 comes fully into force;
- rule 4 comes into force on the day on which section 65 of the Domestic Abuse Act 2021 comes into force; and
- rule 5 comes into force on 3rd April 2022.
These rules:
- Introduce a new “enabling” rule to be inserted in Part 3A of the Rules to allow provision about the automatic prohibition of cross-examination in person to be made in a Practice Direction.
- Introduce a new “enabling” rule to be inserted in Part 5 of the Rules so that provision in relation to the bulk scanning of documents can be made in a Practice Direction.
- Introduce new rules to reflect the legislative reform brought about by the Divorce, Dissolution and Separation Act 2020.
- Make amendments to reflect the corresponding provisions of the Civil Procedure Rules to clarify the position that if the lower court hands down judgment and then adjourns to a later date, it is not possible to make an application for permission to appeal to the lower court at the resumed hearing on that later date.
Practice Direction Update No 1 of 2022
This PD Update No.1 of 2022:
- Makes minor amendments to PD27B (Attendance of media representatives or duly authorised lawyers at hearings in family proceedings), to correct some cross-references. These came into force on 28 January 2022.
- Amends PD36M (Pilot Scheme: Online system for certain public law proceedings and emergency proceedings relating to children) to extend the end date of the pilot scheme to 31 March 2022. This amendment also came into force on 28 January 2022.
- Inserts a new pilot PD36Z (Pilot Scheme: Private Law Reform: Investigative Approach), which comes into force in specified courts in Dorset and North Wales on 21 February 2022
PD Making Document (PDF)
Practice Direction Update No 10 of 2021
Practice Direction Update No 10 came into force from 14 December 2021 and amends Practice Direction 36M to add a further eight courts (Birmingham; Chelmsford; Luton; Peterborough; Sheffield; Stoke on Trent; Watford; and Wolverhampton) where use of the online public law system by Local Authorities will be mandated from 20 December 2021.
PD Making document (PDF)
Practice Direction Update No 9 of 2021
Practice Direction Update No 9 comes into force from 29 November 2021 and amends Practice Direction 36M as detailed below:
- Practice Direction 36M (online public law): amends Practice Direction 36M to add a further eighteen courts (Bradford; Brighton; Caernarfon; Chester; Crewe; Durham; Guildford; Leeds; Liverpool; Manchester; Northampton; Norwich; Portsmouth; Teesside; Wakefield; West London; Wrexham; and York) where use of the online system by Local Authorities will be mandated from 29 November 2021.
PD Making document (PDF)
Practice Direction Update No 8 of 2021
Practice Direction Update No 8 comes into force from 15 November 2021 and amends Practice Direction 36M as detailed below:
- Practice Direction 36M (online public law): amends Practice Direction 36M to add a further twelve courts (Barrow in Furness; Blackpool; Bournemouth; Carlisle; Exeter; Lancaster; Lincoln; Milton Keynes; Nottingham; Plymouth; Preston; and West Cumbria) where use of the online system by Local Authorities will be mandated from 15 November 2021;
PD making document (PDF)
Practice Direction Update No 7 of 2021
Practice Direction Update No 7 came into force on 15 October 2021 and amends three Practice Directions as detailed below:
- Practice Direction 36M (online public law): amends Practice Direction 36M to add a further five courts (Derby, Oxford, Reading, Swindon and Truro) where use of the online system by Local Authorities will be mandated from 18 October 2021;
- Practice Direction 36Q (pilot scheme: local variations to the CAP: Coronavirus) to amend PD36Q to the end of the day on 31 March 2022 to require information to be given about local variations to the CAP and comes into force from 15 October 2021
- Practice Direction 36R (modification of various PDs – Coronavirus): this update extends the end date of the Practice Direction which modifies Practice Directions 2C, 5B and 12A to 31 March 2022 and comes in to force from 15 October 2021
PD Making document (PDF)
The Family Procedure (Amendment No. 2) Rules 2021
The Family Procedure (Amendment No.2) Rules 2021 came into force on 1st October 2021, except for rules 3 to 6 which come into force on the day on which section 63 of the Domestic Abuse Act 2021 comes into force.
The changes included in the Family Procedure (Amendment No.2) Rules 2021 are to:
- Amend Part 3A of the FPR 2010, which makes provision in relation to vulnerable parties and witnesses as required by section 63 of the Domestic Abuse Act 2021.
- Amend rule 10.3, 10.6 and 10.10 FPR 2010 to clarify that the court may direct a means of service other than personal service for a Part 4 Family Law Act 1996 application or order.
- Amend rule 27.11 FPR to make provision to allow “legal bloggers” access to specified family proceedings which are usually held in private, in the same way as accredited media representatives can attend such proceedings.
- Amend rule 29.6 FPR 2010 in regards to documents relating to gender recognition to be held in special security by the court.
The Family Procedure (Amendment No. 2) Rules 2021 (PDF)
Practice Direction Update No 6 of 2021
The following Practice Direction amendments came into force from 14 September 2021:
- Practice Direction 29D is amended to rectify an incorrect a cross-reference to a rule in the FPR.
- Practice Direction 36M is amended to add a further three courts (Bristol, Leicester and Taunton) where use of the online system by Local Authorities will be mandated from 20 September 2021.
- Practice Direction 36P is amended to enable notices of change to be given via the online system rather than the current paper based system by modifying the current requirement to file a particular (paper) notice of change form, and by modifying the FPR definition of “filing” so that it includes uploading, creating and submitting relevant documents via the online service.
PD Making document (PDF)
Practice Direction Update No 5 of 2021
Practice Direction Update No 5 comes into force from 15 July 2021 and amends eleven Practice Directions as detailed below:
- Practice Direction 3AA (vulnerable persons): to implement the changes made to the special measures’ regime through the Domestic Abuse Act 2021;
- Practice Direction 5A (forms): to insert reference to the new contempt application form (FC600), which will come into use from 30 July, latest
- Practice Direction 5B (communication and filing by email): to clarify procedure for debit/credit card information and for the sending of confidential information;
- Practice Direction 12J (domestic abuse and harm): makes amendments relating to sections 1 to 3 and 63 of the Domestic Abuse Act 2021;
- Practice Direction 17A and 22A (statements of truth): to clarify that providing false information can lead to contempt of court proceedings;
- Practice Direction 27B and Practice Direction 36J (legal bloggers): to make the Legal Bloggers pilot permanent and to make clear who this will apply to. In turn, pilot PD36J has been updated to note that it will come to an end on 30 September 2021, as from 1 October 2021 and that it will be replaced by the amended r27.11 FPR and PD27B.
- New Practice Direction 29D (court officers making corrections to orders): to make clear situations where a court office can make an amendment to an order, without prior reference to a judge or a Justices’ Legal Adviser.
- Practice Direction 36M (online public law): to amend the expiry date of Practice Direction 36M to 1 February 2022 and to mandate use of the online public law service in certain Designated Family Judge courts.
- Practice Direction 36Q (pilot scheme: local variations to the CAP: Covid): to amend PD36Q from 1 October 2021 to require information to be given about local variations to the CAP.
- Practice Direction 36X (piloting mandatory use of online divorce): this new pilot practice direction will mandate use of the online divorce system by applicants’ legal representatives, from 13 September 2021.
- Practice Direction 36Y (pilot scheme: modification of various PDs: post-Covid): this new pilot practice direction will come into place when the current Covid-related pilots PD36Q and PD36R come to an end. It will pilot for a further 12 months the modifications currently in place under PD36Q and PD36R. The pilot practice direction includes a requirement for provision of information about local modifications to the CAP.
Practice Direction Update No 5 also provides forextensions to the expiry dates of five pilot practice directions:
- Practice Direction 36G: to extend the end date of the pilot for online private law applications from 30 September 2021 to 3 April 2022;
- Practice Direction 36K: to extend the end date of the pilot which allows bulk scanning of private law applications from 30 September 2021 to 3 April 2022;
- Practice Direction 36N: to extend the end date of the pilot for online contested financial remedy applications from 30 September 2021 to 31 March 2022;
- Practice Direction 36O: to extend the end date of the pilot to allow or general bulk scanning of family applications (other than those covered by PD36K) from 30 September 2021 to 3 April 2022; and
- Practice Direction 36P: to extend the end date of the pilot to allow for online placement applications from 1 August 2021 to 1 September 2022.
PD Making document (PDF)
Practice Direction Update No 4 of 2021
The following Practice Direction amendments came into force from 3 May 2021:
- Practice Direction 30A (Appeals) makes consequential amendments to Practice Direction 30A in light of the change of route of appeal from decisions of District Judges in the Principal Registry of the Family Division in financial remedy proceedings, which change is made in the Family Court (Composition and Distribution of Business) (Amendment) Rules 2021.
- Pilot Practice Direction 36U modifies existing rules to clarify that a court can order service of an application or order under Part 4 Family Law Act 1996 by a means other than personal service.
- PD41B makes provision for the online system for consent financial remedy applications. The amendment to this Practice Direction will mandate the use of the online system by applicants’ legal representatives.
PD Making document (PDF)
Practice Direction Update No 3 of 2021
New pilot Practice Direction 36W (Pilot Scheme: Procedure for notification of certain protection orders to the police by email):
- This new Pilot Practice Direction 36W replaces previous Practice Direction 36H to bring in new provision for communicating Forced Marriage and Female Genital Mutilation Protection Orders (FMPOs and FGMPOs) to the police. The new pilot Practice Direction requires the court to send notification of the existence of a FMPO or FGMPO, once made and sealed by the court, to a centralised police email address, using a new template which sets out key details.
- The pilot Practice Direction also requires applicants, or the court where the court is to effect service of a FMPO or FGMPO, to email the mailbox once the order has been served on the respondent, or the respondent has otherwise been made aware of the terms of the order.
- The address to which emails must be sent is set out in the pilot Practice Direction.
- When an email is received at the centralised email address, an automated system will forward the FGMPO or FMPO (or the notification of service/ the respondent having been made aware of the terms of the order) to the local and regional police lead for the address of the person to be protected by the FGMPO or FMPO. If the court has directed that the local and regional police lead for the address of the respondent to the FGMPO or FMPO also be notified, then the automated system will do so.
- This process only applies where the address of the applicant (or the respondent, where applicable) is in England and Wales. Further guidance is available, and applicants can obtain the template for notification of service of an order from court staff.
- The Following Practice Direction will come into effect from 26th April 2021, for one year.
PD making document (PDF
Practice Direction Update No 2 of 2021
Practice Direction 36 V (Family mediation Voucher Scheme)
This new pilot practice direction is made under rule 36.2 FPR 2010 and modifies the FPR and practice directions to reflect the existence of the Family Mediation Voucher Scheme, which will launch on the 26th March 2021.
The purpose of the Family Mediation Voucher Scheme is to offer a financial contribution of £500 towards mediation costs for eligible cases. The aims of this are two-fold. Firstly, as a response to the pandemic to aid court recovery and secondly, to provide an evidence base around the effectiveness of providing a financial incentive to encourage disputes to be resolved using mediation, instead of the courts, where appropriate.
The pilot Practice Direction specifies which cases it will apply to: please see paragraph 1.4 of the attached. You will see that the focus is on private law matters relating to children, or on financial remedy matters where there is also an ongoing private law dispute relating to children.
Mediation vouchers pilot PD making document (PDF)
Practice Direction Update No 1 of 2021
Practice Direction Update No 1 of 2021 makes amendments to Practice Directions 12D, 17A, 36Q and 36R came into force in February 2021; and makes amendments to Practice Directions 10A, 12K, 41B which came into force in March 2021.
- Amendment to Practice Directions 10A and 12K to make permanent the recently piloted removal of requirements to make certain announcements in open court. These amendments will come into force at the point at which the PD36S provisions cease to have effect (31st March 2021).
- Amendment to Practice Direction 12D to reflect the decision of the Supreme Court in a case relating to proceedings under the inherent jurisdiction of the High Court. To come into force on 15 February 2021.
- Amendment to Practice Direction 17A to confirm that any document requiring a statement of truth that is not a standard form can bear an electronic signature. To come into force on 15 February 2021.
- Amendment of the current expiry date for Practice Directions 36Q and 36R from 31 March 2021 to 31 October 2021, in light of the continuing need for the measures enabled by these Practice Directions in response to the Covid 19 pandemic. To come into force on 15 February 2021.
- Amendments to Practice Direction 41B to make provision for legal representatives of respondents to use the online system for making consent applications for a financial remedy associated with divorce proceedings. To come into force on 1 March 2021.
December 2020
The following Practice Direction amendments come into force today 18th December 2020:
- Amendment to the European Union Exit Practice Direction Update to ensure that the transitional provisions in relation to the EU Protection Measures Regulation align with the Withdrawal Agreement. Amendment of the current expiry date of Practice Direction 36G from 31 January 2021 to 30 September 2021. The PD makes provision for a pilot scheme which enables applications for child arrangement orders (under section 8 Children Act 1989) to be generated online.
- Amendment of the current expiry date of Practice Direction 36H from 31 December 2020 to 31 June 2021 to extend the current interim provision in place for communicating Forced Marriage and Female Genital Mutilation Protection Orders (FMPOs and FGMPOs) to relevant police forces and regional policing leads.
- Amendment of the current expiry date of Practice Direction 36J from 31 December 2020 to 31 December 2021 to extend the pilot arrangements allowing ‘legal bloggers’ to attend family proceedings heard in private.
- Amendment of the current expiry date of Practice Direction 36K from 31 January 2021 to 30 September 2021. The Practice Direction makes provision for a pilot scheme for the bulk scanning of section 8 Children Act 1989 applications for child arrangements orders.
- Amendment of the current expiry date of Practice Direction 36M and 36P from 31 April 2021 to 1 August 2021. These Practice Directions enable pilot schemes testing the online submission within certain public law proceedings, emergency proceedings relating to children, and placement proceedings – as part of HMCTS’s Family Public Law Reform Project.
- Amendments to Practice Directions 5B, 36G, 36M, 36N, 36O, 36P, 41A and 41B to clarify the position regarding the timing of receipt of applications or other documents submitted by email, via online schemes or via bulk scanning.
- Amendment to Practice Direction 41B to remove the reference to Maintenance Pending Suit applications from the online system for consent financial remedy applications.
The following Practice Direction amendment comes into force in part today 18th December 2020 and in part on 11th January 2021:
- Amendment to Practice Direction 36N to add provision for legal representatives of respondent to use the online system for contested financial remedy applications and remove references to Maintenance Pending Suit applications. The amendments to paragraph 1.4 and 11.1 come into force on 18th December 2020 and the remainder of amendments come into force on 11th January 2021.
The following new Practice Direction comes into force 1st February 2021:
- The introduction of new Practice Direction 41C to provide for a procedure by which, in specified circumstances, appeal proceedings in Family Division of the High Court may proceed by electronic means using an online case management system.
Practice direction update document (PDF)
October 2020
The following Practice Direction Update Document amends four Practice Directions supplementing the Family Procedure Rules 2010:
a. Amendment to Practice Direction 5A to amend the list of forms to be used alongside the Family Procedure Rules 2010 by removing reference to a form no longer in use.
b. Amendment to Practice Direction 36H to amend the current expiry date of Practice Direction 36H from 30 October 2020 to 31 December 2020;
c. Amendment to Practice Direction 36Q to amend the current expiry date of Practice Direction 36Q from 30 October 2020 to 31 March 2021;
d. Amendment to Practice Direction 36R to amend the current expiry date of Practice Direction 36R from 30 October 2020 to 31 March 2021.
These changes take effect from 29 October 2020.
Annex A – Practice Direction update (PDF)
FPR EU Exit PD update document (PDF)
October 2020
The Family Procedure (Amendment No 2) Rules 2020 replaces the existing Part of the Family Procedure Rules (FPR) relating to contempt of court proceedings with a new streamlined Part mirroring the approach which has been taken for the corresponding Part of the Civil Procedure Rules. This rule comes into force on 1 October 2020.
Alongside the new rule, the Family Procedure Rule Committee has also made some supplementary Practice Direction amendments. These are as follows:
a) Provide the consequential amendments that ensure that references to contempt proceedings are correctly referred to across the FPR 2010. (These will be achieved through amendments to PD5A, PD17A and PD33A)
b) Provide further guidance on points of procedure pertinent to family proceedings, through an accompanying Practice Direction 37A. These will;
I. clarify that witness statements may not be used against the defendant in the contempt application unless, and until, the defendant chooses to use them in support of the defendant’s case;
II. clarify that the court may strike out procedural defects in certain circumstances;
III. clarify the effect of two provisions in new rule 37.8.
These changes take effect from 1 October 2020.
PD making document (PDF)
S.I 2020 No. 758 (L. 18) (PDF)
July 2020
Amendment to pilot Practice Direction 36H (Pilot Scheme: Procedure for service of certain protection orders on the police)
This update extends the expiry date for the pilot project for three months to 30 October 2020.
This change comes into effect from 25 July 2020
Amendment to pilot Practice Direction 36O (Pilot Scheme: Procedure for bulk scanning of certain documents):
This update corrects a reference to a defined term within the FPR 2010. An original reference to the defined term “filed” is amended to refer to “filing”..
This change comes into effect from 25 July 2020
Amendment to pilot Practice Direction 36P (Pilot Scheme: Placement proceedings: Procedure for specified steps to be taken via the online system):
This update corrects a reference to a defined term within the FPR 2010. An original reference to the defined term “filed” is amended to refer to “filing”..
This change takes effect from 25 July 2020
Insertion of new pilot Practice Direction 36U (Pilot Provision: Service and notification of applications and orders under Part 4 of the Family Law Act 1996):
The new pilot Practice Direction introduces a temporary modification to Part 10 FPR (Applications under Part 4 Family Law Act 1996) to expressly provide for courts to direct another method for service of applications and orders for Part 4 Family Law Act orders, other than personal service. The insertion of this pilot Practice Direction takes into effect the impact of coronavirus on limiting the availability of court bailiffs to effect personal service of applications and orders in line with Part 10 FPR.
A minor modification to r10.10 FPR is also made, to make clear that the police should be notified of an order once the respondent has been informed of its terms.
This pilot Practice Direction will cease to have effect on 3 May 2021.
These changes take effect from 3 August 2020
Amendment to pilot Practice Direction 36M (Pilot Scheme: Procedure for using an online system to generate, file and continue applications in certain public law proceedings relating to children):
This pilot Practice Direction originally came into force on 31 January 2019 to allow for certain applications and stages in certain public law proceedings to be completed using an online system. This latest update extends the applications and stages in public law proceedings which can be completed using the online system to potentially include applications for any “public law proceedings” or “emergency proceedings”, as defined in the FPR 2010, and to applications for secure accommodation orders made under section 119 of the Social Services and Wellbeing (Wales) Act 2014.
This update also clarifies which users may access the online system for different purposes, and extends the current pilot expiry date to 30 April 2021.
These changes take effect from 30 August 2020
Amendments to pilot Practice Direction 36N (Pilot Scheme: Procedure for online filing and progression of certain applications for a financial remedy in connection with certain proceedings for a matrimonial order):
The update extends the pilot to cover all applications submitted on or before 30 September 2021, a 12-month extension from the current expiry date..
This change takes effect from 29 September 2020
PD Making document (PDF)
June 2020
Amendment to pilot Practice Direction 36O (Procedure for Bulk Scanning of Certain Documents)
The amended PD36O extends the expiry date for the pilot arrangements to 30 September 2021, and provides for the court to send documents to the specified third-party scanning provider where the court considers it appropriate to do so.
These changes came into effect on 26 June 2020.
Insertion of new pilot Practice Direction 36S (Announcements in Open Court – Suspension of Certain Requirements)
The new pilot PD36S modifies PD10A (Part 4 of the Family Law Act 1996) and PD12K (Children Act: Exclusion Requirement), to temporarily suspend the requirements to announce in open court specified orders, where the person subject to the order was not given notice of the hearing and did not attend. Made primarily in response to coronavirus significantly limiting opportunities for such open court announcements to be made, the impact of this pilot Practice Direction will be reviewed to inform a decision about longer term arrangements following the expiry date of 31 March 2021. To this end, FPRC stakeholders will be consulted for their views in the autumn.
These changes came into effect on 26 June 2020.
Amendment to pilot Practice Direction 36J (Pilot Scheme: Transparency (Attendance at Hearings in Private)
The amended pilot PD36J extends the expiry date for the pilot arrangements allowing legal bloggers to attend family proceedings heard in private. The revised expiry date for pilot Practice Direction is 31 December 2020.
These changes came into effect on 29 June 2020.
Amendments to Practice Direction 41A (Proceeding by Electronic Means: Certain Proceedings for a Matrimonial Order)
The amended PD41A provides for an applicant to continue to use the online divorce application system, in cases where the respondent or co-respondent files a paper acknowledgement of service. In these circumstances, the respondent or co-respondent will continue to receive future notifications and orders on paper.
These changes came into effect on 30 June 2020.
Amendments to Practice Direction 36K (Pilot Scheme: Procedure for the Bulk Scanning of Certain Private Law Applications
The amended pilot PD36K extends the scope of the current pilot arrangements, so that all applications for any order in private family law proceedings (as defined in rule 12.2 FPR) may potentially be sent for bulk scanning by the third-party scanning provider. It also clarifies the options for paying application fees where applications are sent to the third-party scanning provider. Pilot PD36K amends the modifications already made under the pilot to PD5B (Communication and Filing of Documents by Email), and PD12B (Child Arrangements Programme). Pilot PD36K will continue to apply only where HMCTS indicates that the application must be filed by sending it to a specified address
These take effect from 1 July 2020.
Insertion of new pilot Practice Direction 36T (Pilot Provision: Proceeding by Electronic Means – Procedure for an Application for a Consent Order for a Financial Remedy in Connection with Divorce Proceedings
The new pilot PD36T makes temporary modifications to PD41B (Proceeding by Electronic Means – Procedure for an Application for a Consent Order for a Financial Remedy in Connection with Divorce Proceedings), the effect of which are to make use of the online system mandatory where the applicant is legally represented. The two month lead in before the new pilot PD36T takes effect is intended to allow legal representatives time to make the transition from paper to the digital system.
These changes take effect from 24 August 2020.
PD Making document (PDF)
May 2020
The PD36R made the following modifications:
- Modification of Practice Direction 2C (Justices’ Legal Advisers) to make it permissible for justices’ legal advisers to fulfil five functions currently reserved to the judiciary. These five functions are the ability to consider the making of certain participation directions to improve the participation of vulnerable parties and/or witnesses; seeking disclosure of addresses from other government departments; making agreed Child Arrangement Orders, subject to certain restrictions; making contact activity directions or conditions; and decisions on party status.
- Modification of Practice Direction 5B (Communication and filing of documents by email) to enable Local Authorities, adoption agencies, Cafcass and Cafcass Cymru, or their legal representatives, to email documents relating to adoption proceedings.
PD Making document (PDF)
April 2020
1. New Pilot Practice Direction 36Q came into force from 23 April 2020. Pilot PD36Q modifies PD12B (Child Arrangements Programme) to provide temporary local flexibility over procedures for progressing applications for Child Arrangements Orders. This modification is made to ensure that Child Arrangements Orders may continue to be applied for, applications progressed and orders made, varied or discharged without endangering public health, and taking account of available resources during the coronavirus pandemic. Pilot PD36Q will expire on 30 October 2020.
2. Amendment of Practice Direction 17A came into force from 23 April 2020. The amendment to PD17A (Statements of Truth) inserts a new provision to ensure that all references within PD17A to a statement of truth being “signed” are read to include an electronic signature, where a standard form or an online application process makes provision for an electronic signature.
3. Amendment of Practice Directions 12G and 14E will come into force on 30 April 2020. The amendments to PD12G (Communication of Information) and PD14E (Communication of Information Relating to Proceedings) will enable disclosure of information from family proceedings held in private to the Welsh Language Commissioner to support the Commissioner in deciding whether to consider exercising their powers, without this disclosure being a potential contempt of court.
PD Making document (PDF)
- NEW PRACTICE DIRECTION 5C – COMMUNICATIONS WITH THE COURT
After Practice Direction 5B insert the new Practice Direction 5C which makes provision in relation to the requirement to disclose and, if in writing, to copy any communication with the court to the other parties or their representatives. - NEW PRACTICE DIRECTION 25G – TOXICOLOGY TEST EVIDENCE
After Practice Direction 25F insert the new Practice Direction 25G which applies whenever a person seeks to put expert evidence before a court in the form of or based on toxicology testing carried out on a person with a view to establishing whether such testing provides evidence of the abuse of drugs or alcohol. - NEW PRACTICE DIRECTION 41A – PROCEEDING BY ELECTRONIC MEANS: CERTAIN PROCEEDINGS FOR A MATRIMONIAL ORDER AND NEW PRACTICE DIRECTION
- 41B – PROCEEDING BY ELECTRONIC MEANS: PROCEDURE FOR AN APPLICATION FOR A CONSENT ORDER FOR A FINANCIAL REMEDY IN CONNECTION WITH DIVORCE PROCEEDINGS
PD Making document (PDF)
Family Procedure (Amendment) Rules 2020 and accompanying Practice Direction provision
The Family Procedure (Amendment) Rules 2020 make amendments to the Family Procedure Rules 2010. Most of the amendments come into force on 6th April 2020. Those that relate to estimates of costs and settlement offers come into force on 6th July 2020.
There are new/amending Practice Direction provisions which come into force at the same time as the associated rule amendments.
These rules and Practice Direction provisions:
- Implement the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 provisions in the family court (see the new rule 2.5 FPR 2010 and new PD2C, plus various consequential rule and Practice Direction amendments);
- Clarify the requirement that all correspondence sent to the court is copied to all parties (with specified exceptions) (see the new rule 5.7 FPR 2010);
- Insert a new Part 41 into the FPR 2010 to make provision for a practice direction to set out procedures to be followed in relation to cases proceeding by electronic means.
- Make rule amendments that require parties to financial disputes to provide estimates of legal costs to the court at an early stage and at various stages in a case (see the new rule 9.27 FPR 2010 and the amendments to PD9A and PD17A), and to make early open settlement offers (see new rule 9.27A FPR 2010).
- Insert new rules 12.42B and 12.52A into the FPR 2010 to specify a procedure for the High Court to set aside specified types of order where no error of the court is alleged (see also the amendments to PD12D and PD12F);
- Clarify that in the proceedings to which rules 12.4 and 14.4 FPR 2010 apply, a direction can be applied for that notice of proceedings need not be given to a person with foreign parental responsibility; and clarify that directions under rule 14.21 FPR 2010 can be given by the family court as well as the High Court (see also the amendments to the tables in PD12A and the new paragraph 3.3 of PD12A and the amendments to PD12C, PD14A and PD14C);
- Amend rule 25.5 FPR 2010 to insert reference to the fact that a new practice direction may make provision regarding expert evidence in relation to toxicology testing; and
- Set out the rules for recordings and obtaining transcripts of, and sharing of informal notes of, family proceedings (see the new rule 27.9 FPR 2010).
PD Making document (PDF)
Statutory Instrument 2020 No. 135 (L. 7)
March 2020
- amends existing Practice Direction 36M (PD36M) in relation to a current HMCTS pilot of a digital system for submitting and processing public law applications
- provides a new Practice Direction 36P (PD36P) to facilitate a new HMCTS pilot of an online system for placement proceedings.
PD Making document (PDF)
January 2020
- Practice Direction 36G Pilot Scheme: Procedure for using an online system to generate applications in certain private law proceedings relating to children – In paragraph 1.2(d) for “27 January 2020” substitute “31 January 2021
- Practice Direction 36K Pilot Scheme: Procedure for the bulk scanning of certain private law applications – In paragraph 12(e) for “31 January 2020” substitute “31 January 2021
- Practice Direction 36N Pilot Scheme: Procedure for online filing and progression of certain applications for a financial remedy in connection with certain proceedings for a matrimonial order – In paragraph 1 e3(e) for “31 March 2020” substitute “30 September 2020
- Practice Direction 360 – Pilot Scheme: Procedure for bulk scanning of certain documents
PD Making document (PDF)
December 2019
Practice Direction 36L
Practice Direction 36L makes provision for a pilot of an online system for submitting and processing certain divorce applications. The Practice Direction amending document extends the end date of the pilot from 13 January 2020 to 5 April 2020.
Practice Direction 36M
Practice Direction 36M provides for a pilot of an online system for submitting and processing certain public law applications. The pilot was launched in January 2019 and is scheduled to run until August 2020. This Practice Direction includes amending the title to more accurately reflect the scope of the pilot scheme; the text of the Practice Direction to cover all stages in proceedings; the end date of the Practice Direction to 31 August 2020; and provision to allow for an order to be served through an email attaching a weblink from which the order can be accessed.
These amendments came into force on the 30 December 2019
PD Making document (PDF)
July 2019
PD36K – which updates that the pilot practice direction which provides for service of FGM and Forced Marriage Protection Orders on the police will remain in force until 26th July 2020.
PD36H – which relates to the pilot scheme for the bulk scanning of certain private law applications.
PD Making document (PDF)
29 June 2019
This Practice Direction amending document makes the following provision:
- New PD30B is introduced, to support rule 30.12A FPR 2010. This comes into force on 1 October 2019. The new PD sets out the circumstances in which the court hearing an appeal in the family court or the Family Division of the High Court would ordinarily make an order that the appeal be heard in public, and includes a link to the templates setting out the terms of the order which the court would ordinarily make.
- PD36G is amended to reflect the fact that the pilot online system for C100 applications is now operated by HMCTS. This change comes into force on 1 July 2019.
- PD36I is amended to extend the pilot scheme for certain consent financial remedy applications to be made online, so that it will now end on 31 March 2020. It is also amended to clarify to which cases the pilot scheme applies. The amendments come into force on 1 July 2019.
- PD36J is amended to extend the pilot scheme for legal bloggers to attend hearings held in private to a new end date of 30 June 2020.
- PD36K is amended to enable further roll out of the scheme for bulk scanning of C100 paper applications, and to enable the court to send such applications to the bulk scanning company in cases where, had the applicant followed the PD, applications would have been sent direct to the bulk scanning company in the first instance. These amendments come into force on 1 July 2019.
- New PD36O is introduced, to enable certain documents (not covered by PD36K) to be sent to a bulk scanning company by a party, where HMCTS indicates that this should be done rather than papers being sent to the court. This new PD comes into force on 1 July 2019.
PD making document – 29 June 2019 (PDF)
Update : 27 May 2019
New Practice Direction 36N which facilitates the next stage in the pilot scheme to test digitised stages (for online applications and progression of cases) in financial remedy cases.
The Practice Direction also sets out amendments to an existing Practice Direction 28A to emphasise that a failure to openly negotiate reasonably and responsibly in proceedings relating to financial remedies will likely lead to an order for costs.
PD making document – 27 May 2019 (PDF)
Update : 25 March 2019
Extending the pilot Practice Direction 36K by ten months to include Manchester Family Court.
This pilot Practice Direction permits the use of a third party bulk scanning provider to receive and digitise private law applications made on the court application form C100. These are predominantly applications for a child arrangements order to determine with whom a child lives or spends time following parental separation.
Update : 14 January 2019
New pilot Practice Direction 36L which facilitates the next stage of development of the online divorce system and supersedes the current pilot practice direction PD36E.
The current pilot commenced on 1st May 2018 and allows citizens nationally to submit their divorce application online.
The next stage of the pilot contains four key new ’features’. Existing procedure rules will be modified to:
- Allow a respondent or co-respondent to a divorce application to file their ‘acknowledgment of service’ online
- Enable the applicant to apply for decree nisi online
- Enable the applicant to give notice for the decree nisi to be made absolute online
- Permit service of those orders, and other documents where appropriate, via the online system rather than by hard copy (where users confirm they are willing to accept service in this manner).
PD making document – 14 January 2019 (PDF)
Update: 8 November 2018
- Insertion of new Rule 1.5 – which refers to the Welsh Language (Wales) Measure 2011 and that in any legal proceedings in Wales the Welsh language may be used by any person who desires to use it.
- Insertion of new Rule 5.6 – which provides an update on documents in the Welsh Language
- Amendment of Rule 7 – which clarifies the position on jurisdiction of proceedings
- Insertion of new Rule 30.12A – which provides clarification on the Appeal court’s powers to order that hearing of appeal be heard in public.
Update: 29 October 2018 – PD36K
This Practice Direction is made under rule 36.2 and sets up a Pilot Scheme to allow for the bulk scanning of certain private law applications and supporting documents. The purpose of this Pilot Scheme is to assess the use of new practices and procedures to allow for certain applications and supporting documents to be scanned by a third-party company and sent to court and to Cafcass by email within 24 hours, with the aim of reducing the administrative burden on court staff and improving efficiency.
PD making document – 29 October 2018 (PDF)
Update: 30 July 2018 – PD36E
This Practice Direction will ensure sufficient time is built in to build and thoroughly test the next stages of the online divorce project which includes developing and testing the system to permit applications for the Decree Nisi and Decree Absolute to also be made online.
PD making document – 30 July 2018 (PDF)
Update: 22 January 2018
New Practice Direction 36F implements a pilot scheme in certain private law proceedings relating to children. The purpose of the pilot scheme is to assess the use of structured out of court interventions in resolving child arrangement disputes. The aim of the Pilot Scheme is to help families resolve disputes involving children without the need to attend Court, thus easing the burden of the Family Courts and benefiting the children and families involved.
The Pilot Scheme involves the following key stages:
- An assessment and screening stage, within which applications may be deemed as unsuitable to remain within the Pilot Scheme; and
- The intervention stage, within which parties participate in a tailored package of dispute resolution services before the First Hearing Dispute Resolution Appointment.
Update: 16 January 2018
New Practice Direction 36E extends the next stage of the pilot for the Online Divorce Service, which will allow divorce applications to be completed and submitted online. This supersedes the current pilot Practice Direction (PD36D) which allows for applications to be generated online, then printed and posted to the court.
Update: 8 January 2018
Amended Practice Direction 3A to reflect recent changes to the types of evidence that can be submitted in an application for legal aid where domestic abuse is alleged. Primary legislation requires that an application to the court in certain family proceedings can only be made if the applicant has first attended a MIAM. An exception to this requirement applies where there is evidence of domestic abuse. This Practice Direction amendment incorporates into the MIAM domestic abuse exemptions the changes made to the legal aid evidential requirements.
Update 27 November 2017
New Part 3A Family Procedure Rules 2010 and supporting Practice Direction 3AA which set out set out the court’s duties and powers in relation to assisting parties whose ability to participate in family proceedings may be diminished by reason of their vulnerability, and in relation to assisting parties and witnesses in family proceedings where the quality of their evidence is likely to be diminished by reason of their vulnerability. The supporting Practice Direction provides guidance to the court on matters of practice and procedure under the new Part 3A.
Update: 2 October 2017
New revised Practice Direction 12J setting out practice and procedure for family judges dealing with child arrangements cases where domestic abuse is alleged. Specifically, the revised practice direction:
- replaces the term “domestic violence” with “domestic abuse”. It also expands the definition to include express reference to culturally-specific forms of abusive behaviour such as forced marriage and abandonment.
- includes a definition of “harm”, adopting the language of section 31(9) of the Children Act 1989. This definition makes clear that harm can include “impairment suffered from seeing or hearing the ill treatment of another”.
- provides an updated explanation of the presumption of parental involvement emphasising the need to have regard to harm to the child by domestic abuse.
Update 7 August 2017
These Rules:
- amend the provisions in Part 8 of the FPR 2010 relating to applications to a court in England and Wales for permission to apply for a financial remedy order following an overseas divorce or civil partnership dissolution, to require such applications be made without notice;
- insert a signpost in the FPR 2010 to the rules dealing with the allocation of such proceedings in the family court, and remove existing rules about the allocation of such proceedings in the High Court;
- amend the provisions in Part 9 of the FPR 2010 relating to the Financial Dispute Resolution Appointment to require all cases to be referred for a Financial Dispute Resolution Appointment save in specified circumstances;
- amend the provisions in Part 17 of the FPR 2010 relating to statements of truth to require a statement of truth to be included in an application for a matrimonial or civil partnership order or an answer to such an application
14 November 2016
Rule 14.2 of the FPR has been amended to provide for the automatic assignment of serial numbers in applications for adoptions and certain other related proceedings in order to keep the identity of the applicants confidential from persons in the proceedings who are unaware of their identity.
Update 03 October 2016
Amendments to the Family Procedure Rules 2010 and associated Practice Directions came into effect on 3 October 2016.
The effect of the Rule amendments are:
- to remove the automatic party status of a child (other than a child applicant) in an application for a declaration of parentage, leaving the court discretion over whether to make such a child a party or not;
- to make new provision about when a child who is made a party to an application for a declaration of parentage should have a children’s guardian, or should have a litigation friend, or may proceed without either;
- to insert new Rules for applications to set aside a financial remedy order of the court where no error of the court is alleged.
The Practice Direction amendments include:
- alterations to the provisions for exemptions from attendance at a statutory Mediation Information and Assessment Meeting (“MIAM”) to provide for various forms of evidence in relation to domestic violence to now relate to a past sixty month period and a new exemption on the ground of financial abuse;
- make further provisions relating to the operation of new setting aside rules in rule 9.9A of the 2010 Rules;
- allow for disclosure of information from certain family proceedings by a party’s legal representative to a professional indemnity insurer without that amounting to a potential contempt of court;
- amend Practice Direction 30A in relation to appeals to:
- reflect changes to the routes of certain appeals from the family court as a result of The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016 which comes into effect 3 October 2016
- make provision for smaller court bundles in appeals to the High Court;
- clarify the circumstances in which applications should be made to appeal, rather than set aside, a financial remedy order of the court.
Update 17 July 2015
The Family Procedure Rules and Practice Directions have been updated to include amendments made to prescribe the practice and procedure to be followed in relation to applications for female genital mutilation protection orders under Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003, as inserted by section 73 of the Serious Crime Act 2015.
This update also reflects minor amendments made to Practice Directions 3A (Family Mediation Information and Assessment Meetings – MIAMs), 4A (Striking Out A Statement Of Case), 5A (Forms), 12E (Urgent Business), 12F (International Child Abduction), 12G (Communication of Information) and 30A (Appeals).
Update 1 July 2015
The Family Procedure Rules have been updated to include amendments (i) to support section 9(6) of the Marriage (Same Sex Couples) Act 2013 (conversion of civil partnership into marriage) and (ii) as a consequence of section 63CA of the Family Law Act 1996 making breach of a forced marriage protection order an offence.
This update reflects those amendments made by the Family Procedure (Amendment|) Rules 2015 that came into force on 1 July 2015
Update 11 January 2015
The Family Procedure Rules and Practice Direction have been updated to include amendments made to support the Regulation (EU) No 606/2013 on mutual recognition of protection measures in civil matters.
This update reflects those amendments made by the Family Procedure (Amendment No.4) Rules 2014 and Practice Direction Amendments that came into force on 11 January 2015. The remaining provisions will come into force on 6 April 2015.
Update 22 April 2014
The Family Procedure Rules and Practice Directions have been updated to include amendments made to support the single family court, the family justice provisions of the Children and Families Act 2014 and the Marriage (Same Sex Couples) Act 2013.
The update reflects amendments made by the Family Procedure (Amendment No.3) Rules 2013 [SI 2013 No.3204(L.26)], the Family Procedure (Amendment) Rules 2014 [SI 2014 No.524(L.5)], the Family Procedure (Amendment No.2) Rules 2014 [SI 2014 No.667(L.11)] and the Family Procedure (Amendment No.3) Rules 2014 [SI 2014 No.843(L.15)], in addition to amendments made to the supplementary Practice Directions.
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