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Rule 27 Amendments to the Family Procedure Rules 2010

Original text. Later amendments are not shown.

After rule 12.26, insert—

“Application for extension of the time limit for disposing of the application

12.26A.
(1)

An application requesting the court to grant an extension must state—

(a)

the reasons for the request;

(b)

the period of extension being requested; and

(c)

a short explanation of—

(i)

why it is necessary for the request to be granted to enable the court to resolve the proceedings justly;

(ii)

the impact which any ensuing timetable revision would have on the welfare of the child to whom the application relates;

(iii)

the impact which any ensuing timetable revision would have on the duration and conduct of the proceedings; and

(iv)

the reasons for the grant or refusal of any previous request for extension.

(2)

Part 18 applies to an application requesting the grant of an extension.

(3)

In this rule

  • “ensuing timetable revision” has the meaning given to it by section 32(6) of the 1989 Act;

  • “extension” means an extension of the period for the time being allowed under section 32(1)(a)(ii) of the 1989 Act which is to end no more than 8 weeks after the later of the times referred to in section 32(8) of that Act.

Disapplication of rule 4.1(3)(a) court’s power to extend or shorten the time for compliance with a rule

12.26B.

Rule 4.1(3)(a) does not apply to any period that is for the time being allowed under section 32(1)(a)(ii) of the 1989 Act.

Extension of time limit: reasons for court’s decision

12.26C.
(1)

When refusing or granting an extension of the period that is for the time being allowed under section 32(1)(a)(ii) in the case of the application, the court will announce its decision and—

(a)

the reasons for that decision; and

(b)

where an extension is granted or refused, a short explanation of the impact which the decision would have on the welfare of the child.

(2)

The court office will supply a copy of the order granting or refusing the extension including the reasons for the court’s decision and the period of any extension and short explanation given under paragraph (1)(b) to—

(a)

the parties; and

(b)

any person who has actual care of the child who is the subject of the proceedings.”.