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Practice Direction –
Practice Directions relating to Family Proceedings in
force before 6th April 2011 which support the Family
Procedure Rules 2010

Introduction and the Existing Practice Directions
1.1 The Family Procedure Rules 2010 (“the FPR 2010”) come into force on 6th April 2011.The
purpose of this practice direction is to inform court users of the practice directions relating (only)
to family proceedings which date from before 6th April 2011 (“existing Practice Directions”) but
will continue to apply after that date.
1.2 The table in the Annex to this practice direction lists those existing Practice Directions which
will continue to apply. The listed existing Practice Directions will apply to family proceedings on
and after 6th April 2011 –
       (a)   with the modifications outlined in the Annex (in particular that the numbering of the
             existing Practice Directions will be as set out in column one of the table in the
             Annex) and any other modifications necessary in consequence of the FPR 2010
             coming into force; and
       (b)   subject to the FPR 2010 and any other practice directions supporting those rules.


Application of Practice Direction 23B of the Civil Procedure
Rules 1998
2.1 Paragraphs 1.1, 1.2, 1.4 and 1.5 of CPR Practice Direction 23B apply to applications under
Part III of the Family Law Reform Act 1969 for the use of scientific tests to determine parentage.
These applications will be made using the procedure in Part 18 of the FPR 2010 (Procedure for
Other Applications in Proceedings).


Annex
Number       Title                            Date             Court           Updated rule
                                                                               references
PD6C         Practice Direction               20 July          High Court,
             (Disclosure of Addresses by      1995             county court
             Government Departments)                           and
             (amending Practice Direction                      magistrates’
             of 13th February 1989)                            court
             (NB this practice direction
             does not apply to requests
             for disclosure from HMRC
             and related agencies which
             are covered by “Disclosure
             Orders against the Inland
             Revenue-Guidance from the
             President’s Office
             (November 2003)”




                                               Jordan Publishing
                                              www.familylaw.co.uk
Number   Title                           Date             Court          Updated rule
                                                                         references
PD7D     Gender Recognition Act 2004     5 April          High Court
                                         2005             and county
                                                          court
PD12A    Public Law Proceedings          April 2010       High Court,
         Guide to Case Management:                        county court
         April 2010                                       and
                                                          magistrates’
                                                          court
PD12B    The Revised Private Law         April 2010       High Court,
         Programme                                        county court
                                                          and
                                                          magistrates’
                                                          court
PD12I    Applications for Reporting      18 March         High Court
         Restriction Orders (nb this     2005
         practice direction applies to
         information about children
         and protected parties)
PD12J    Residence and Contact           14 January       High Court,    In paragraph 10, for
         Orders: Domestic Violence       2009             county court   “the Family
         and Harm                                         and            Proceedings Rules
                                                          magistrates’   1991, rule 4.17AA
                                                          court          and by the Family
                                                                         Proceedings Courts
                                                                         (Children Act 1989)
                                                                         Rules 1991, rule
                                                                         17AA”, substitute,
                                                                         “rule 12.34 of the
                                                                         Family Procedure
                                                                         Rules 2010”
PD12K    President’s Direction           17               High Court,
         (Children Act 1989:             December         county court
         Exclusion Requirement)          1997             and
                                                          magistrates’
                                                          court
PD12L    Children Act 1989:Risk          3                High Court,
         Assessments under Section       September        county court
         16A                             2007             and
                                                          magistrates’
                                                          court
PD12M    Family Assistance Orders:       3                High Court,
         Consultation                    September        county court
                                         2007             and
                                                          magistrates’
                                                          court




                                          Jordan Publishing
                                         www.familylaw.co.uk
Number   Title                            Date             Court           Updated rule
                                                                           references
PD12N    Enforcement of Children Act      6                High Court
         1989 Contact Orders:             November         and county
         Disclosure of Information to     2008             court (The
         Officers of the National                          Lord Chief
         Probation Service (High                           Justice
         Court and county court)                           issued a
                                                           Practice
                                                           Direction on
                                                           this subject
                                                           for the
                                                           magistrates’
                                                           courts
                                                           mirroring the
                                                           one for the
                                                           High Court
                                                           and county
                                                           courts)
PD12O    Practice Direction (Arrival of   18 January       High Court
         Child in England by Air)         1980             and county
                                                           court
PD12P    Registrar’s Direction            15 May           High Court
         (Removal from jurisdiction:      1987             and county
         issue of Passports)                               court
PD14A    Who Receives a Copy of the                        High Court,     In the heading, for
         Application Form for Orders                       county court    “Part 5,rule
         in Proceedings                                    and             24(1)(b)(ii) of the
                                                           magistrates’    Family Procedure
                                                           court           (Adoption) Rules
                                                                           2005”, substitute
                                                                           “Part 14, rule
                                                                           14.6(1)(b)(ii) of the
                                                                           Family Procedure
                                                                           Rules 2010”
PD14B    The First Directions Hearing-                     High Court,     In the heading, for
         Adoptions with a Foreign                          county court    “Part 5,rule 26(3) of
         Element                                           and             the Family
                                                           magistrates’    Procedure
                                                           court           (Adoption) Rules
                                                                           2005”, substitute
                                                                           “Part 14, rule
                                                                           14.8(3) of the Family
                                                                           Procedure Rules
                                                                           2010”; and in
                                                                           paragraph 2, for
                                                                           “rule 26(1)”,
                                                                           substitute “rule
                                                                           14.8(1)”




                                           Jordan Publishing
                                          www.familylaw.co.uk
Number   Title                         Date             Court          Updated rule
                                                                       references
PD14C    Reports by the Adoption                        High Court,    In the heading for
         Agency or Local Authority                      county court   “Part 5,rule 29(3) of
                                                        and            the Family
                                                        magistrates’   Procedure
                                                        court          (Adoption) Rules
                                                                       2005”, substitute
                                                                       “Part 14, rule
                                                                       14.11(3) of the
                                                                       Family Procedure
                                                                       Rules 2010”
PD14D    Reports by a Registered                        High Court,    In the heading for
         Medical Practitioner                           county court   “Part 5,rule 30(2) of
         (“Health Reports”)                             and            the Family
                                                        magistrates’   Procedure(Adoption)
                                                        court          Rules
                                                                       2005”,substitute
                                                                       “Part 14, rule
                                                                       14.12(2) of the
                                                                       Family Procedure
                                                                       Rules 2010”; and in
                                                                       paragraph 1.1, for
                                                                       “rule 30(1)”,
                                                                       substitute “rule
                                                                       14.12(1)”
PD14E    Communication of                               High Court,    In the heading for
         Information Relating to the                    county court   “Part 8,rule 78(1)(b)
         Proceedings                                    and            of the Family
                                                        magistrates’   Procedure
                                                        court          (Adoption) Rules
                                                                       2005”, substitute
                                                                       “Part 14, rule
                                                                       14.14(b) of the
                                                                       Family Procedure
                                                                       Rules 2010”; and in
                                                                       paragraph 1.1, for
                                                                       “rule 78”, substitute
                                                                       “rule 14.14”




                                        Jordan Publishing
                                       www.familylaw.co.uk
Number   Title                          Date             Court          Updated rule
                                                                        references
PD14F    Disclosing Information to an                    High Court,    In the heading for
         Adopted Adult                                   county court   “Part 8,rule 84(1)(d)
                                                         and            of the Family
                                                         magistrates’   Procedure
                                                         court          (Adoption) Rules
                                                                        2005”, substitute
                                                                        “Part 14, rule
                                                                        14.18(1)(d) of the
                                                                        Family Procedure
                                                                        Rules 2010”; in
                                                                        paragraphs 1,1 and
                                                                        1.2, for “rule 84”,
                                                                        substitute “rule
                                                                        14.18”; and in
                                                                        paragraph 1.2, for
                                                                        “rule 17”, substitute
                                                                        “rule 5”
PD27A    Family Proceedings: Court      27 July          High Court
         Bundles (Universal Practice    2006             and county
         to be applied in All Courts                     court
         other than the Family
         Proceedings Court)




                                         Jordan Publishing
                                        www.familylaw.co.uk
Number   Title                         Date             Court        Updated rule
                                                                     references
PD27B    Attendance of Media           20 April         High Court   For references to
         Representatives at Hearings   2009             and county   “rule 10.28 of the
         in Family Proceedings (High                    courts       Family Proceedings
         Court and county courts)                                    Rules 1991”,
         (This practice direction                                    substitute “rule
         should be read as if                                        27.11 of the Family
         amended by Re X (a child)                                   Procedure Rules
         (residence and contact:                                     2010”; in paragraph
         rights of media attendance)                                 2.2 for “paragraphs
         (2009) EWHC 1728 (Fam)                                      (4) to (6)”,
         [87])                                                       substitute
                                                                     “paragraphs (3) to
                                                                     (5)”; in paragraph
                                                                     2.3, for “Part 11 of
                                                                     the Family
                                                                     Proceedings Rules
                                                                     1991”, substitute
                                                                     “Part 12,Chapter 7
                                                                     of the Family
                                                                     Procedure Rules
                                                                     2010 and Practice
                                                                     Direction 12G”; in
                                                                     paragraph 4.2, for
                                                                     “paragraph
                                                                     (8)”,substitute
                                                                     “paragraph (7)”; in
                                                                     paragraph 4.3, for
                                                                     “paragraph (3)(f)”,
                                                                     substitute
                                                                     “paragraph 2(f)” and
                                                                     for “paragraph
                                                                     3(g)”, substitute
                                                                     “paragraph (2)(g)”;
                                                                     in paragraph 5.1,for
                                                                     paragraph(4),
                                                                     substitute paragraph
                                                                     (3); in paragraph
                                                                     5.2, for “paragraph
                                                                     (4)”,substitute
                                                                     “paragraph (3)” and
                                                                     for “paragraph
                                                                     (4)(a)”, substitute
                                                                     “paragraph 3(a)”; in
                                                                     paragraph 5.3, for
                                                                     “paragraph
                                                                     4(a)(iii)”, substitute
                                                                     “paragraph
                                                                     3(a)(iii)”; in
                                                                     paragraph 5.4, for
                                                                     “paragraph 4(b)”,
                                                                     substitute
                                                                     “paragraph 3(b)”;
                                                                     and in paragraph
                                                                     6.1, for “paragraph
                                                                     (6)” substitute
                                                                     “paragraph (5)”



                                        Jordan Publishing
                                       www.familylaw.co.uk
Number   Title                          Date             Court          Updated rule
                                                                        references
PD27C    Attendance of Media            20 April         Magistrates’   In paragraph 1.1, for
         Representatives at Hearings    2009             courts         “rule 16A of the
         in Family Proceedings                                          Family Proceedings
         (Family Proceedings Court)                                     Courts (Children Act
         (This practice direction                                       1989) Rules 1991
         should be read as if                                           (“the Rules”)”,
         amended by Re X (a child)                                      substitute “rule
         (residence and contact:                                        27.11 of the Family
         rights of media attendance)                                    Procedure Rules
         (2009) EWHC 1728 (Fam) at                                      2010 (“the Rules”)”;
         [87]                                                           in paragraph 2.1, for
                                                                        references to “rule
                                                                        16A(2)” where it
                                                                        occurs, substitute
                                                                        “rule 27.11(1)” and
                                                                        for “paragraphs (3)
                                                                        to (5) of rule 16A”,
                                                                        substitute;
                                                                        “paragraphs (3) to(5)
                                                                        of rule 27.11”; in
                                                                        paragraph 2.2, for
                                                                        “rule 16A(2)”,
                                                                        substitute “rule
                                                                        27.11(1)”; in
                                                                        paragraph 2.3 for
                                                                        “Part 11C (rules
                                                                        relating to disclosure
                                                                        to third parties)”,
                                                                        substitute “Part 12,
                                                                        Chapter 7 of the
                                                                        Family Procedure
                                                                        Rules 2010 and
                                                                        Practice Direction
                                                                        12G”; in paragraph
                                                                        2.4, for “rule 16A”,
                                                                        substitute “rule
                                                                        27.11”;and in
                                                                        paragraph 4.3, for
                                                                        “paragraph (1)(f)”,
                                                                        substitute
                                                                        “paragraph 2(f)” and
                                                                        for “paragraph
                                                                        (1)(g)” substitute “
                                                                        paragraph 2(g)”
PD29B    Human Rights Act 1998          24 July          High Court,
                                        2000             county court
                                                         and
                                                         magistrates’
                                                         court
PD34B    Practice Note Tracing Payers   10               High Court
         Overseas                       February         and county
                                        1976             court




                                         Jordan Publishing
                                        www.familylaw.co.uk

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P ractice directions 2010

  • 1. Practice Direction – Practice Directions relating to Family Proceedings in force before 6th April 2011 which support the Family Procedure Rules 2010 Introduction and the Existing Practice Directions 1.1 The Family Procedure Rules 2010 (“the FPR 2010”) come into force on 6th April 2011.The purpose of this practice direction is to inform court users of the practice directions relating (only) to family proceedings which date from before 6th April 2011 (“existing Practice Directions”) but will continue to apply after that date. 1.2 The table in the Annex to this practice direction lists those existing Practice Directions which will continue to apply. The listed existing Practice Directions will apply to family proceedings on and after 6th April 2011 – (a) with the modifications outlined in the Annex (in particular that the numbering of the existing Practice Directions will be as set out in column one of the table in the Annex) and any other modifications necessary in consequence of the FPR 2010 coming into force; and (b) subject to the FPR 2010 and any other practice directions supporting those rules. Application of Practice Direction 23B of the Civil Procedure Rules 1998 2.1 Paragraphs 1.1, 1.2, 1.4 and 1.5 of CPR Practice Direction 23B apply to applications under Part III of the Family Law Reform Act 1969 for the use of scientific tests to determine parentage. These applications will be made using the procedure in Part 18 of the FPR 2010 (Procedure for Other Applications in Proceedings). Annex Number Title Date Court Updated rule references PD6C Practice Direction 20 July High Court, (Disclosure of Addresses by 1995 county court Government Departments) and (amending Practice Direction magistrates’ of 13th February 1989) court (NB this practice direction does not apply to requests for disclosure from HMRC and related agencies which are covered by “Disclosure Orders against the Inland Revenue-Guidance from the President’s Office (November 2003)” Jordan Publishing www.familylaw.co.uk
  • 2. Number Title Date Court Updated rule references PD7D Gender Recognition Act 2004 5 April High Court 2005 and county court PD12A Public Law Proceedings April 2010 High Court, Guide to Case Management: county court April 2010 and magistrates’ court PD12B The Revised Private Law April 2010 High Court, Programme county court and magistrates’ court PD12I Applications for Reporting 18 March High Court Restriction Orders (nb this 2005 practice direction applies to information about children and protected parties) PD12J Residence and Contact 14 January High Court, In paragraph 10, for Orders: Domestic Violence 2009 county court “the Family and Harm and Proceedings Rules magistrates’ 1991, rule 4.17AA court and by the Family Proceedings Courts (Children Act 1989) Rules 1991, rule 17AA”, substitute, “rule 12.34 of the Family Procedure Rules 2010” PD12K President’s Direction 17 High Court, (Children Act 1989: December county court Exclusion Requirement) 1997 and magistrates’ court PD12L Children Act 1989:Risk 3 High Court, Assessments under Section September county court 16A 2007 and magistrates’ court PD12M Family Assistance Orders: 3 High Court, Consultation September county court 2007 and magistrates’ court Jordan Publishing www.familylaw.co.uk
  • 3. Number Title Date Court Updated rule references PD12N Enforcement of Children Act 6 High Court 1989 Contact Orders: November and county Disclosure of Information to 2008 court (The Officers of the National Lord Chief Probation Service (High Justice Court and county court) issued a Practice Direction on this subject for the magistrates’ courts mirroring the one for the High Court and county courts) PD12O Practice Direction (Arrival of 18 January High Court Child in England by Air) 1980 and county court PD12P Registrar’s Direction 15 May High Court (Removal from jurisdiction: 1987 and county issue of Passports) court PD14A Who Receives a Copy of the High Court, In the heading, for Application Form for Orders county court “Part 5,rule in Proceedings and 24(1)(b)(ii) of the magistrates’ Family Procedure court (Adoption) Rules 2005”, substitute “Part 14, rule 14.6(1)(b)(ii) of the Family Procedure Rules 2010” PD14B The First Directions Hearing- High Court, In the heading, for Adoptions with a Foreign county court “Part 5,rule 26(3) of Element and the Family magistrates’ Procedure court (Adoption) Rules 2005”, substitute “Part 14, rule 14.8(3) of the Family Procedure Rules 2010”; and in paragraph 2, for “rule 26(1)”, substitute “rule 14.8(1)” Jordan Publishing www.familylaw.co.uk
  • 4. Number Title Date Court Updated rule references PD14C Reports by the Adoption High Court, In the heading for Agency or Local Authority county court “Part 5,rule 29(3) of and the Family magistrates’ Procedure court (Adoption) Rules 2005”, substitute “Part 14, rule 14.11(3) of the Family Procedure Rules 2010” PD14D Reports by a Registered High Court, In the heading for Medical Practitioner county court “Part 5,rule 30(2) of (“Health Reports”) and the Family magistrates’ Procedure(Adoption) court Rules 2005”,substitute “Part 14, rule 14.12(2) of the Family Procedure Rules 2010”; and in paragraph 1.1, for “rule 30(1)”, substitute “rule 14.12(1)” PD14E Communication of High Court, In the heading for Information Relating to the county court “Part 8,rule 78(1)(b) Proceedings and of the Family magistrates’ Procedure court (Adoption) Rules 2005”, substitute “Part 14, rule 14.14(b) of the Family Procedure Rules 2010”; and in paragraph 1.1, for “rule 78”, substitute “rule 14.14” Jordan Publishing www.familylaw.co.uk
  • 5. Number Title Date Court Updated rule references PD14F Disclosing Information to an High Court, In the heading for Adopted Adult county court “Part 8,rule 84(1)(d) and of the Family magistrates’ Procedure court (Adoption) Rules 2005”, substitute “Part 14, rule 14.18(1)(d) of the Family Procedure Rules 2010”; in paragraphs 1,1 and 1.2, for “rule 84”, substitute “rule 14.18”; and in paragraph 1.2, for “rule 17”, substitute “rule 5” PD27A Family Proceedings: Court 27 July High Court Bundles (Universal Practice 2006 and county to be applied in All Courts court other than the Family Proceedings Court) Jordan Publishing www.familylaw.co.uk
  • 6. Number Title Date Court Updated rule references PD27B Attendance of Media 20 April High Court For references to Representatives at Hearings 2009 and county “rule 10.28 of the in Family Proceedings (High courts Family Proceedings Court and county courts) Rules 1991”, (This practice direction substitute “rule should be read as if 27.11 of the Family amended by Re X (a child) Procedure Rules (residence and contact: 2010”; in paragraph rights of media attendance) 2.2 for “paragraphs (2009) EWHC 1728 (Fam) (4) to (6)”, [87]) substitute “paragraphs (3) to (5)”; in paragraph 2.3, for “Part 11 of the Family Proceedings Rules 1991”, substitute “Part 12,Chapter 7 of the Family Procedure Rules 2010 and Practice Direction 12G”; in paragraph 4.2, for “paragraph (8)”,substitute “paragraph (7)”; in paragraph 4.3, for “paragraph (3)(f)”, substitute “paragraph 2(f)” and for “paragraph 3(g)”, substitute “paragraph (2)(g)”; in paragraph 5.1,for paragraph(4), substitute paragraph (3); in paragraph 5.2, for “paragraph (4)”,substitute “paragraph (3)” and for “paragraph (4)(a)”, substitute “paragraph 3(a)”; in paragraph 5.3, for “paragraph 4(a)(iii)”, substitute “paragraph 3(a)(iii)”; in paragraph 5.4, for “paragraph 4(b)”, substitute “paragraph 3(b)”; and in paragraph 6.1, for “paragraph (6)” substitute “paragraph (5)” Jordan Publishing www.familylaw.co.uk
  • 7. Number Title Date Court Updated rule references PD27C Attendance of Media 20 April Magistrates’ In paragraph 1.1, for Representatives at Hearings 2009 courts “rule 16A of the in Family Proceedings Family Proceedings (Family Proceedings Court) Courts (Children Act (This practice direction 1989) Rules 1991 should be read as if (“the Rules”)”, amended by Re X (a child) substitute “rule (residence and contact: 27.11 of the Family rights of media attendance) Procedure Rules (2009) EWHC 1728 (Fam) at 2010 (“the Rules”)”; [87] in paragraph 2.1, for references to “rule 16A(2)” where it occurs, substitute “rule 27.11(1)” and for “paragraphs (3) to (5) of rule 16A”, substitute; “paragraphs (3) to(5) of rule 27.11”; in paragraph 2.2, for “rule 16A(2)”, substitute “rule 27.11(1)”; in paragraph 2.3 for “Part 11C (rules relating to disclosure to third parties)”, substitute “Part 12, Chapter 7 of the Family Procedure Rules 2010 and Practice Direction 12G”; in paragraph 2.4, for “rule 16A”, substitute “rule 27.11”;and in paragraph 4.3, for “paragraph (1)(f)”, substitute “paragraph 2(f)” and for “paragraph (1)(g)” substitute “ paragraph 2(g)” PD29B Human Rights Act 1998 24 July High Court, 2000 county court and magistrates’ court PD34B Practice Note Tracing Payers 10 High Court Overseas February and county 1976 court Jordan Publishing www.familylaw.co.uk