This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 31 March 2014, amend new Part 5A of the Family Courts Rules 2002 (the principal rules), which is about proceedings under the Care of Children Act 2004. The new Part 5A is inserted by the Family Courts Amendment Rules (No 2) 2014 and also comes into force on 31 March 2014.
Rule 4 makes a minor amendment to rule 416H, which sets out when an application without notice can be made. Since an applicant cannot know whether the court is satisfied of a matter before the application is made, the words
“the court is satisfied that” are deleted.
Rule 5 inserts a new rule requiring a lawyer's certificate to accompany applications made without notice. The new rule is modelled on rule 308 of the principal rules, which relates to proceedings under the Domestic Violence Act 1995. It requires a lawyer to certify various things relating to affidavits, and also to certify that the lawyer is satisfied on reasonable grounds that the order or orders sought fall within the grounds on which an order can be made.
Date of notification in Gazette: 27 March 2014.
These rules are administered by the Ministry of Justice.