Family Procedure Rules (FPR)

 
The Red Book

The Red Book

 
 

Family Procedure rules (fpr)

The family court is obliged to follow that Family Procedure Rules (FPR). These rules are designed to inform you and the court as to ‘what’ to do when you have a case at the family court. The rules are supplemented by Practice Directions (PDs). The PDs will inform you ‘how’ to do something at court.    The number of each PD coincides with the Part of the Rules to which it relates e.g. Part 12 of the Rules deals with proceedings relating to children (excluding adoption) and practice directions 12A to 12P are the accompanying practice directions for that Rule. There is also an extensive suit of forms which accompany the Rules. 

These rules are all available as a web version. The rules are also available as a hard copy in a book format, as per the picture above. The book is (informally) called the red book.

We have summarised the main areas of navigation, and we hope that our summary will help you access and use the FPRs to support you in your journey at court.

 

Overriding objective

As set out in Part 1, the overriding objective of the Rules is to enable the court to deal with cases justly, having regard to the welfare issues involved; this means:

  • ensuring that the case is dealt with expeditiously and fairly;

  • dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues;

  • ensuring that the parties are on an equal footing;

  • saving expense; and

  • allotting an appropriate share of the court's resources to the case, while taking into account the need to allot resources to other cases.

The court must give effect to the overriding objective when it exercises any of its powers and the parties are also required to help the court to further the overriding objective.

Part 3 – alternative dispute resolution

It is recognised that an adversarial court process is not always best-suited to the resolution of family disputes, especially disputes relating to children. 

Therefore, at every stage of the proceedings the court must consider whether alternative dispute resolution (“ADR”) is appropriate and the court can adjourn the proceedings at any stage in order to enable the parties to engage in ADR.

Part 4 – case management powers

·Part 4 deals with general case management powers including the court’s general powers of management, the court officer’s power to refer to the court, the court’s power to make an order of its own initiative and powers in relation to sanctions and reliefs.

 

Part 5 – forms and start of proceedings

Part 5 deals with the commencement of proceedings and Practice direction 5A lists the individual forms required for each type of application.

Generally the forms referred to in a practice direction should be used in the cases to which they apply.

Subject to any rule or practice direction, unless the court directs otherwise, a form must have attached to it any documents which the form refers to or states as being required. 

Proceedings are started when a court officer issues an application at the request of the applicant and the application will be issued on the date entered in the application form by the court officer.

Part 6 – requirements for service

The requirements for service are addressed in part 6 and by practice directions 6A, 6B and 6C.

The methods of service are outlined at Rule 6.23 which includes service by electronic mail if this is agreed.

 

Rules applicable to children applications

Part 12 – certain proceedings which relate to children and their welfare

Part 12 deals with proceedings relating to children except parental order proceedings and proceedings for applications in adoption, placement and related proceedings.

  • In  particular part 12 applies to:

  • emergency proceedings;

  • private law proceedings;

  • public law proceedings;

  • proceedings relating to the exercise of the court’s inherent jurisdiction (other than applications for the court’s permission to start such proceedings);

  • proceedings relating to child abduction and the recognition and enforcement of decisions relating to custody under the European Convention; and

  • proceedings relating to the Council Regulation or the Hague Convention in respect of children.

Part 14 – adoption, placement and related proceedings

Part 14 outlines the procedures in relation to applications in adoption, placement and related proceedings. 

Details of what needs to be covered in reports on placement and adoption applications are set out in practice direction 14C.

Part 15 – representation of protected parties

Part 15 contains the Rules for dealing with parties who lack capacity, known as protected parties.

In particular, the Rules state that a protected party must have a litigation friend to conduct proceedings on that party’s behalf .

Part 16 – representation of children and reports in proceedings involving children

Part 16, along with practice direction 16A, covers the representation of children in both private and public law proceedings.

Under Rule 16.2, in non-specified proceedings (e.g. most private law cases or cases involving the exercise of the court’s inherent jurisdiction) a child can be made a party to proceedings  if the court considers it is in the best interests of the child to do so.

Practice direction 16A sets out the matters which the court will take into consideration before making a child a party under Rule 16.2.

Rule 16.3 provides for the appointment of a children’s guardian in specified proceedings unless there is a reason not to do so as outlined in Rule 16.6(3).

 

Procedure and conduct

Part 17 – statements of truth

Part 17 lists certain documents that must be verified by a statement of truth.

All statements of case, witness statements and applications to the court must contain a statement by the parties that they believe the facts they have set out to be true. 

The consequence of not including a statement of truth in a statement of case is that a party who adduces it cannot rely upon its content  and the court may strike it out.

The consequence of not including a statement of truth in a witness statement is that the court may direct that it shall not be admissible as evidence. 

The form or wording of a statement of truth is set out in practice directive 17A.

Part 22 – evidence

·    Part 22 sets out the powers of the court to control the way in which evidence is given.

·    Rule 22.1 expressly states that the court may control the evidence by giving directions as to:

  • the issues on which it requires evidence;

  • the nature of the evidence which it requires to decide those issues; and

  • the way in which the evidence is to be placed before the court.

part 27 - bundles

This section details the content, format and timetable of the bundle, including who has responsibility in preparing the bundle.

Part 30 – appeals 

Part 30, along with practice direction 30A, deals with appeals.

The general time limit for serving notice of appeal is 21 days after the date of the decision which is being appealed.

If the appeal is against a case management decision or an interim care order under section 38(1) of the Children Act, then notice of appeal must be filed within 7 days starting on the date of the decision which is being appealed.