The Magistrates' Courts (Family Law Reform Act 1987) (Miscellaneous Amendments) Rules 1989

These Rules may be cited as the Magistrates' Courts (Family Law Reform Act 1987) (Miscellaneous Amendments) Rules 1989 and shall come into force on 1st April 1989.

Subject to rule 3 of these Rules, the following Rules–

• The Maintenance Orders (Facilities for Enforcement) Rules 1922^f1

• The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959^f2

• The Magistrates' Courts (Blood Tests) Rules 1971^f3

• The Magistrates' Courts (Guardianship of Minors) Rules 1974^f4

• The Magistrates' Courts (Forms) Rules 1981^f5

• The Magistrates' Courts Rules 1981^f6

• The Magistrates' Courts (Adoption) Rules 1984^f7

• The Magistrates' Courts (Children and Young Persons) Rules 1988^f8

shall have effect subject to the amendments set out in the Schedule to these Rules.

These Rules shall not apply in relation to any application to a magistrates' court, any affiliation order or any order made under a provision of the Guardianship of Minors Acts 1971 and 1973^f1 in relation to which the Family Law Reform Act 1987^f2 does not have effect.

In rule 6 of the Maintenance Orders (Facilities for Enforcement) Rules 1922, for the words “an Affiliation Order” there shall be substituted the words “a magistrates' court maintenance order”.

In rule 9 of the Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959, and in Forms 18 and 19 in the Schedule to those Rules, for the words “affiliation Order” or “an affiliation order” in each place where they occur there shall be substituted the words “magistrates' court maintenance order” or “a magistrates' court maintenance order”, as the case may be.

In rule 3 of the Magistrates' Courts (Blood Tests) Rules 1971, the words “under the Affiliation Proceedings Act 1957 or any other complaint” shall be omitted.

In the Magistrates' Courts (Guardianship of Minors) Rules 1974, for the words “minor” and “minors” in every place where they occur (except in the title of those Rules or the citation of the Guardianship of Minors Act 1971) there shall be substituted the words “child” and “children” respectively.

In rule 2 of these Rules, in the definition of “court”, after the words “magistrates' court” there shall be inserted the words “, except as provided by rule 9(9)”.

In rule 7 of those Rules, for the word “maintenance” there shall be substituted the word “access”.

In rule 8(2)(a) of those Rules, for the words from “legal custody” to the words “Act of 1971” there shall be substituted the words “actual custody of the child and, if different, the person who has legal custody of the child”.

Rule 9(3) of those Rules shall be omitted.

For rule 9(4)(a) and (b) of those Rules there shall be substituted the following sub-paragraphs–

“(a)

the person specified in sub-paragraphs (a), (b) and (d) of paragraph (2);

(b)

the probation officer or local authority under whose supervision the child is; and

(c)

if the application is for the variation of the order, any probation officer or local authority whom it is sought to substitute for the officer or local authority under whose supervision the child is.”.

In rule 9(5)(a) of those Rules, for the words “sub-paragraph (a) of paragraph (3)” there shall be substituted the words “sub-paragraphs (a) and (d) of paragraph (2)”.

Rule 9(6) of those Rules shall be omitted.

In rule 9(7) of those Rules, for the words “sub-paragraph (a) of paragraph (3)” there shall be substituted the words “sub-paragraphs (a) and (d) of paragraph (2)”, and the proviso shall be omitted.

After rule 9(7) of those Rules there shall be inserted the following paragraphs–

“(8)

For the purposes of paragraphs (4)(a), (5)(a) and (7)(a) above, a father who was not married to the mother of a child at the time of his birth shall not be treated as a parent of that child unless he has been adjudged by a court to be the father of that child or unless he was a party to the proceedings in which the order was made.

(9)

in this rule, “court” means the High Court, a county court or a magistrates' court.”.

In Form 114 in the Schedule to the Magistrates' Courts (Forms) Rules 1981, for the reference to sections 9, 10, 11 and 12C(5) of the Guardianship of Minors Act 1971 there shall be substituted a reference to sections 11B and 11C of that Act, and the reference to section 60 of the Magistrates' Courts Act 1980 shall be omitted.

Rules 35 and 35A of the Magistrates' Courts Rules 1981 shall be omitted.

In paragraph (4)(b)(i) of rule 36 of those Rules, the reference to section 11 of the Guardianship of Minors Act 1971 shall be omitted.

In rules 41(1), 43, 44(1), 59(1), 61, 62, 63(1) and 69 of those Rules, for the words “affiliation order” in each place where they appear there shall be substituted the words “magistrates' court maintenance order”.

In rule 51 of those Rules, after the words “the Children Act 1975” there shall be inserted the word “or” and the words “or section 6A(5) of the Affiliation Proceedings Act 1957” shall be deleted.

In rule 105 of those Rules, after the words “section 35 of the Matrimonial Causes Act 1973” there shall be inserted the words “or under section 15 of the Family Law Reform Act 1987” and at the end of the heading to that rule there shall be inserted the words “or under s. 15 of the Family Law Reform Act 1987”.

In rule 106(1) of those Rules, for the words “section 60 of the Act of 1980 or section 9, 10, 11 or 12C(5)” there shall be substituted the words “sections 11B or 11C”.

In rule 5(4)(e) of the Magistrates' Courts (Adoption) Rules 1984, for the words “an illegitimate child” there shall be substituted the words “a child whose mother and father were not married at the time of his birth”.

In Schedule 1 to those Rules, in Form 1–

In Form 6 in that Schedule–

In Form 7 in that Schedule, in the fifth paragraph of the Notes, for the words from the beginning of that paragraph to the words “court order;” there shall be substituted the folowing words:

“A father who was not married to the mother of a child at the time of his birth is not a parent for this purpose, but is a guardian if a court has made an order giving him all the parental rights and duties with respect to the child or if he has legal custody of the child by virtue of a court order;”.

In Schedule 2 to those Rules, in paragraph 1–

For the heading to paragraph 2 of the said Schedule, there shall be substituted the following:

“2

Each Natural Parent, including where appropriate the father who was not married to the child’s mother at the time of his birth.”.

In sub-paragraph (b) of paragraph 6 of the said Schedule, for the words “claiming to be the father of an illegitimate child” there shall be substituted the words “who was not married to the mother of the child at the time of his birth and who claims to be the father of the child”.

In the Magistrates' Courts (Children and Young Persons) Rules 1988, in rule 2(1), after the definition of the word “court”, there shall be inserted the following definition:

““parent”, in the case of a child or young person whose father and mother were not married to each other at the time of his birth, has the same meaning as it has in section 70(1A) and (1B) of the Children and Young Persons Act 1969^f1;”.

In rule 14(3) of those Rules, after sub-paragraph (d), there shall be inserted the following sub-paragraph:

“(dd)

where the father and mother of the relevant infant were not married to each other at the time of his birth, any person who is known to the applicant to have made an application for an order under section 4 of the Family Law Reform Act 1987 (parental rights and duties of father) which has not yet been determined;”.

In rule 29(2) of those Rules–

In rule 30(1) of those Rules–

(This note is not part of the Rules)