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Following the announcement from the President of the Family Division, Sir James Munby, that the CAP orders for private law children proceedings are to be changed, revised versions with tick boxes for ease of use, plus a separate set for use in Wales, have been released. Note that clause B39 has been amended to take into account other differences in Wales in relation to activity directions. See also postscript below.
The Welsh versions will need to be bi-lingual and are to be referred to the Welsh Language Unit at Caernarfon for that purpose.
The orders are divided into three sections:
A: Allocation and Gatekeeping
B: Case Management and Orders; and
In relation to the orders released in January 2016, the title to B22 should read 16.4 Guardians rather than 6.4. The draft clause itself is unaffected.
The tick box revised CAP orders for England may be accessed here:
and the orders for Wales may be accessed here:
The President has indicated that it is important that practitioners use the same orders as judges so that they can draft consistently. A key reason for the changes is to ensure that the orders are as concise as possible and easy to understand for the primary and most important audience, ie the parties themselves, more often than not now unrepresented.
The President's office has not yet confirmed the date when the revised orders will be brought into use.
Postscript—15 February 2016: further versions have been released by the President's office correcting small errors, see below. The intention is that the 'master orders' are for use by the judiciary only, and practitioners will be expected to use the 'tick-box' format.
Master Orders (Wales)
Geraldine Morris is a solicitor and Head of LexisPSL Family.
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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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