Methods of enforcement

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 offer two routes to enforcement:

  1. an application may be made to the court for a specific method of enforcement, or

  2. an application may be made for such method of enforcement as the court considers appropriate

See Practice Note: Enforcement of financial orders.

In most cases, the provisions of the Civil Procedure Rules 1998, SI 1998/3132 (CPR), as modified by FPR 2010, SI 2010/2955, Pt 33, apply to enforcement in family proceedings. FPR 2010, SI 2010/2955, Pt 37 applies in relation to applications and proceedings in relation to contempt of court and FPR 2010, SI 2010/2955, Pts 39 and 40, together with FPR 2010, PD 40A, apply in relation to attachment of earnings, charging orders, stop orders and stop notices.

Standard orders in relation to enforcement have been issued as part of the standard orders project initiated by the President of the Family Division, see Practice Notes: Standard orders—enforcement and Standard orders—committal.

Attachment of earnings

An attachment of earnings order is only of use where the debtor is employed. On an application

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Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.

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