The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

PART 8 THE 1986 ACT

Interpretation of this Part

72.  In this Part—

“appropriate court” means, in relation to—

(a)

Scotland, the Court of Session;

(b)

Northern Ireland, the High Court in Northern Ireland; and

(c)

a specified dependent territory, the corresponding court in that territory;

“Part 1 Order” means an order under Part 1 of the 1986 Act; and

“specified dependent territory” means a dependent territory specified in column 1 of Schedule 1 to the Family Law Act 1986 (Specified Dependent Territories) Order 1991(1).

Section 5 of the 1986 Act: staying of proceedings

73.—(1) Where under section 5(2) of the 1986 Act(2) a magistrates’ court stays proceedings on an application for a Part 1 order, notice of the stay must be given to the parties to the proceedings.

(2) Where under section 5(3) of the 1986 Act(3) a magistrates’ court removes a stay granted in accordance with section 5(2) of the 1986 Act—

(a) notice of the removal of the stay must be given to the parties to the proceedings; and

(b) the court must proceed to deal with the application accordingly.

Chapter 5 of the 1986 Act: registration and enforcement

74.—(1) The FPR shall apply to an application under section 27 of the 1986 Act(4) for the registration and enforcement of a custody order made in a magistrates’ court, with the modifications in paragraph (2).

(2) The modifications are—

(a) in rule 32.25—

(i) in the heading, omit “made by the High Court or a county court”;

(ii) in paragraph (1), omit “made in the High Court or a county court”;

(iii) in paragraph (5)(b), after “district judge,”, insert “or, in a magistrates’ court, to the court”; and

(iv) after paragraph (5), insert—

“(6) A memorandum of the granting by a magistrates’ court of an application referred to in paragraph (1) must be entered in the register of the court to which the application was made.

(7) Where the court officer for a magistrates’ court which granted an application referred to in paragraph (1) receives notice of the registration of the order in the appropriate court, the court officer must enter particulars of the notice in the register of that court officer’s court.”; and

(b) in rule 32.32, in paragraphs (b) and (c), after “judge” insert “, or in a magistrates’ court, the court”.

(3) The FPR shall apply where an order under Part 1 of the 1986 Act registered in an appropriate court is varied or revoked, with the modifications in paragraph (4).

(4) The modification are that in rule 32.27—

(a) in the heading, omit “in the High Court or a county court”; and

(b) after paragraph (2), insert—

“(3) Where the court officer referred to in paragraph (1) or (2) is a court officer of a magistrates’ court, the court officer will record the fact referred to in paragraph (1) or (2)(a) or (b) by entering a notice in the register.”.

Orders under section 33 or 34 of the 1986 Act

75.  The FPR shall apply to an application in a magistrates’ court for an order—

(a) for the disclosure of information of the whereabouts of a child under section 33 of the 1986 Act(5); and

(b) authorising the taking charge and delivery of a child under section 34 of the 1986 Act(6).

(1)

S.I. 1991/1723; the relevant amending instrument is S.I. 2006/1456.

(2)

Section 5(2) was amended by section 108(5) of and paragraph 62 of Schedule 13 to the Children Act 1989 and by S.I. 2001/310, 2005/265 and 2010/1898.

(3)

Section 5(3) was amended by S.I. 2005/265.

(4)

Section 27 was amended by section 108(5) of and paragraph 62 of Schedule 13 to the Children Act 1989.

(5)

Section 33 was amended by section 108(5) of and paragraph 62 of Schedule 13 to the Children Act 1989, section 105(4) of and paragraph 41(7) of Schedule 4 to the Children (Scotland) Act 1995 (c.36) and section 261(1) of and paragraph 124 of Schedule 27 to the Civil Partnership Act 2004.

(6)

Section 34 was amended by section 108(5) of and paragraphs 62 and 70 of Schedule 13 to the Children Act 1989 and by S.I. 1995/756.