All the amendments in this Update come into force on 18 June 2011.
The 1st Update to the Family Procedure Rules introduces changes to support the operation of the Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations (the Maintenance Regulation).
Part 2 Application and Interpretation of the Rules
Amendments include the insertion of a definition of the Maintenance Regulation.
Part 5 Forms and Start of Proceedings
An amendment is made to disapply the provision permitting a variation of a form in relation to forms annexed to the Maintenance Regulation.
Part 6 Service
A provision is added where a document is being served in accordance with the Service Regulation to allow an applicant to file a photograph of the person to be served if the applicant considers it would assist in ensuring effective service.
Part 9 Applications for a financial remedy
Amendments are made to enable an applicant for maintenance from another Member State to apply using forms annexed to the Maintenance Regulation rather than the usual domestic forms. Rules in this Part relating to service of documents are amended to provide that the court serve where the applicant does not already know the address of the respondent so as to reduce the potential risk of familial violence to the respondent resulting from the applicant discovering the respondent's whereabouts as a result of the service process.
Provision is also made to prescribe the procedure where a respondent fails to attend a hearing to establish maintenance in cross border cases and in cases where questions as to the court's jurisdiction to make a maintenance decision arises or a stay of proceedings is sought.
Part 17 Statements of Truth
Amendment is made to the meaning of a statement of case for the purposes of Part 17.
Part 20 Interim Remedies and Security for Costs
A consequential amendment is made to the rule relating to the conditions for making an order for security of costs.
Part 32 Registration and Enforcement of Orders
The definition of the Maintenance Orders Act 1958 is moved from Part 32 to Part 2.
Part 34 Reciprocal Enforcement of Maintenance Orders
Amendments are made to the rules governing the procedures for the reciprocal enforcement of maintenance orders so as to cover proceedings under the Maintenance Regulation. Provision is also made regarding stays, documents and translations required by the court in relation to the enforcement of certain international maintenance decisions.
Chapter 2, Section 2, sub-section 1 of this Part is removed to reflect the fact that the Maintenance Regulation replaces the previous reciprocal enforcement regime between the U.K. and the Republic of Ireland.