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Amendments to the practice directions supplementing the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) come into force on 3 October 2016. The changes relate to mediation information and assessment meetings (MIAMs), applications to set aside a financial remedy order, the communication of information in children proceedings, appeals and other minor amendments. In addition amendments are made in relation to family court forms.
What is changing?
The key changes in relation to MIAMs is that FPR 2010, PD 3A is amended allowing applicants seeking a MIAM exemption to provide evidence of domestic violence within the past 60 months instead of 24 months. In addition a new exemption on the ground of financial abuse is now included. Finally, a definition has been included in the checklist to assist applicants with the criteria that will be applied by the courts to assist them in determining the ground that applies to them.
Application to set aside a financial remedy
FPR 2010, PD 9A is amended to insert (after para 12.2) new provisions to correspond with the changes made by the Family Procedure (Amendment No. 2) Rules 2016, SI 2016/901, which insert a new FPR 2010, SI 2010/2955, 9.9A as to applications to set aside a financial remedy order of the court where no error of the court is alleged, and as to the costs of such an application.
Communication of information
FPR 2010, PD 12G is amended to insert in the table in para 2.1 provision for a legal representative or a professional legal advisor to communicate any information relating to the proceedings to a professional indemnity insurer so as to enable the professional indemnity insurer to be notified of a claim or complaint, or potential claim or complaint, in relation to the legal representative or a professional legal adviser, and the legal representative or professional legal adviser to obtain advice in respect of that claim or complaint. FPR 2010, PD 12G supplements FPR 2010, SI 2010/2955, Pt 12 as to proceedings relating to children except parental order proceedings and proceedings for applications in adoption, placement and related proceedings.
In addition FPR 2010, PD 14E is amended in the same terms as to applications in adoption, placement and related proceedings.
Appointment of a guardian or lit
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Geraldine is Head of LexisPSL Family. She was admitted as a solicitor in 1992 and was in practice for 15 years, most recently as a partner and head of the family team at Hart Brown, a large Surrey firm.
Geraldine writes for Butterworths Family Law Service and is a past editor of the Resolution Review. She has been published in the New Law Journal, the Law Society Gazette and the District Judges’ Bulletin as well as in the national press including the Times and the Telegraph.
When in practice she was a member of the Law Society Family and Children Panels, and an accredited Resolution Specialist with a focus on advanced financial provision and pensions. A past Resolution regional secretary and press officer, Geraldine also contributed chapters to the Resolution publications, International Aspects of Family Law (3rd Edition 2009) and The Modern Family (2012).
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