Guidance

Family Procedure Rules 2010 Practice Directions - December 2020 update

Changes to Practice Directions 5B, 36G, 36H, 36J, 36K, 36M, 36N, 36O, 36P, 41A, and 41B come into force in December 2020 and January 2021, and new Practice Direction 41C comes into force in February 2021.

Applies to England and Wales

Documents

Practice Direction update document - December 2020

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FPR EU Exit document

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Details

The following amendments or replacements have been made.

Practice Direction Details
European Union Exit Practice Direction Update Amendment to ensure that the transitional provisions in relation to the EU Protection Measures Regulation align with the Withdrawal Agreement
36G Amendment of the current expiry date from 31 January 2021 to 30 September 2021. The PD makes provision for a pilot scheme which enables applications for child arrangement orders (under section 8 Children Act 1989) to be generated online
36H Amendment of the current expiry date from 31 December 2020 to 31 June 2021 to extend the current interim provision in place for communicating Forced Marriage and Female Genital Mutilation Protection Orders (FMPOs and FGMPOs) to relevant police forces and regional policing leads
36J Amendment of the current expiry date from 31 December 2020 to 31 December 2021 to extend the pilot arrangements allowing ‘legal bloggers’ to attend family proceedings heard in private
36K Amendment of the current expiry date from 31 January 2021 to 30 September 2021. The Practice Direction makes provision for a pilot scheme for the bulk scanning of section 8 Children Act 1989 applications for child arrangements orders
36M and 36P Amendment of the current expiry date from 31 April 2021 to 1 August 2021. These Practice Directions enable pilot schemes testing the online submission within certain public law proceedings, emergency proceedings relating to children, and placement proceedings – as part of HMCTS’s Family Public Law Reform Project
5B, 36G, 36M, 36N, 36O, 36P, 41A and 41B Amendments to clarify the position regarding the timing of receipt of applications or other documents submitted by email, via online schemes or via bulk scanning
41B Amendment to remove the reference to Maintenance Pending Suit applications from the online system for consent financial remedy applications

These changes take effect from 18 December 2020.

Practice Direction Details
36N Amendment to add provision for legal representatives of respondent to use the online system for contested financial remedy applications and remove references to Maintenance Pending Suit applications

The amendments to paragraph 1.4 and 11.1 come into force on 18 December 2020 and the remainder of amendments come into force on 11 January 2021.

Practice Direction Details
41C The introduction of new Practice Direction 41C provides for a procedure by which, in specified circumstances, appeal proceedings in Family Division of the High Court may proceed by electronic means using an online case management system

This new Practice Direction comes into force on 1 February 2021.

Updates to this page

Published 18 December 2020

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