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Hayley Trim's Analysis: Rules are made to be… amended
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Jun 8, 2011, 08:20 AM
Article ID :94907
Just when you thought you'd come to terms with the FPR 2010 (or perhaps got round to reading the really essential bits), the Family Procedure (Amendment) Rules 2011 arrive. They are due in force on 18 June 2011 to coincide with and take account of the Maintenance Regulation (Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations).
Also due in force on 18 June are the snappily titled Magistrates' Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011. The purpose is to fill the gap left by the FPRs which do not apply to enforcement and variation proceedings in the magistrates' courts since they are not family proceedings. The rules consolidate existing provisions and apply the FPRs to other magistrates' courts procedures such as variation of certain maintenance orders, enforcement of contact orders and (with modifications) enforcement of occupation and non-molestation orders. These rules also take account of the Maintenance Regulation.
Consequently, numerous SIs which were not revoked by the FPRs are now revoked including the Family Proceedings Courts (Children Act 1989) Rules 1991 and Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 and reciprocal enforcement of maintenance rules.
Hayley Trim is a Family Law PSL at Jordan Publishing and was formerly a family solicitor practising in London.