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GLOSSARY

Standard orders definition

Published by a LexisNexis Family expert

What does Standard orders mean?

Standard orders are template court orders issued by the President of the Family Division, the use of which has been strongly encouraged. The rationale behind the project is to avoid time and money that is wasted in the process of drafting orders that could, and therefore should, be standardised.

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Procedural guide—attachment of earnings

Procedural guide—attachment of earnings This Procedural Guide sets out the steps to be taken on an application for an attachment of earnings order under the Attachment of Earnings Act 1971 (AtEA 1971) and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 39 to enforce a maintenance order by the deduction of money directly from the debtor’s earnings. It includes guidance on who may apply, arrears that are more than 12 months old and the duties of the employer and the debtor. If a judgment debtor is an individual and is employed, the judgment creditor may apply for an order to enforce the judgment against the debtor's wages or salary. This will require the employer to deduct periodic amounts from the debtor's salary and pay them to the court. This is known as an attachment of earnings order (AEO). See also Practice Note: Attachment of earnings order. FPR 2010, SI 2010/2955, Pt 39 applies to any proceedings commenced, but not disposed of, before 6 April 2016 (when amendments to...

Procedural guide—judgment summons

Procedural guide—judgment summons This Procedural Guide sets out the steps to be taken under the Debtors Act 1869 (DA 1869), the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 33 and the Administration of Justice Act 1970 (AJA 1970) on an application for a judgment summons requiring a debtor to attend court where the debtor either has, or has had since the date of the order or judgment, the means to pay the defaulted sum, and refuses or neglects to pay the same. It includes guidance on who may apply, the criminal standard of proof and evidence and the committal of the debtor. A judgment summons is a summons requiring a debtor to attend court. If it is proved to the satisfaction of the court that the debtor either has, or has had since the date of the order or judgment, the means to pay the sum in respect of which they have defaulted, and has refused or neglected or refuses or neglects to pay the same, they may...

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Standard orders—general principles

Standard orders—general principles This Practice Note provides information about and access to the standard orders produced by the standard orders group with the authority of the President of the Family Division and endorsed by the President. It contains links to the latest versions of the standard orders and sets out the history of the standard orders project. On 17 May 2023, Mr Justice Peel, the judge in charge of standard orders, announced that, with the authority of the President of the Family Division and following the review process and consultation period, the standard orders have been updated to reflect changes in law, practice and procedure and to achieve consistency. See: LNB News 17/05/2023 88. On 21 May 2024, Mr Justice Peel, judge in charge of standard orders announced, with the authority of the President of the Family Division, that some standard orders have been updated to reflect developments in law and practice since May 2023. The house rules remain unchanged. See: LNB News 21/05/2024 83. See Practice Note: Index of...

Standard orders—private children

Standard orders—private children This Practice Note provides information about, and access to, private children standard orders issued by the standard orders group with the authority of the President of the Family Division, including directions on issue and allocation and at the first hearing dispute resolution appointment (FHDRA) and dispute resolution appointment (DRA), case management and final orders. The orders cover amongst other things proceedings for child arrangements orders, specific issue and prohibited steps orders, parental responsibility, guardianship and special guardianship, enforcement of orders and temporary leave to remove. On 17 May 2023, Mr Justice Peel, the judge in charge of standard orders, announced that, with the authority of the President of the Family Division and following the review process and consultation period, the standard orders were updated to reflect changes in law, practice and procedure and to achieve consistency. See: LNB News 17/05/2023 88. Updated house rules were also published by Peel J on 17 May 2023 to be read alongside the standard orders. The house rules...

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Standard order 3.2—search order—family proceedings

Standard order 3.2—search order—family proceedings In the Family Court sitting at [Court name] No: [case number] [ The Matrimonial Causes Act 1973 OR The Civil Partnership Act 2004 OR The Matrimonial and Family Proceedings Act 1984 and Schedule 7 to the Civil Partnership Act 2004 OR The Senior Courts Act 1981 ] [DELETE AS APPROPRIATE] The [Marriage OR Civil Partnership OR Relationship] of [applicant name] and [respondent name] After hearing [name the advocate(s) who appeared] After reading the statements and hearing the witnesses specified in the recitals below Search order made by [name of judge] on [date] sitting in private To [RESPONDENT NAME] of [RESPONDENT ADDRESS] Warning: if you [RESPONDENT NAME] disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized Any other person who knows of this order and does anything which helps or permits [RESPONDENT NAME] to breach the terms of this order may be held to be in contempt...

Standard order 1.3—consent order under the accelerated first appointment procedure

Standard order 1.3—consent order under the accelerated first appointment procedure In the Family Court sitting at [Court name] Case No: [Case number] [ The Matrimonial Causes Act 1973 OR The Civil Partnership Act 2004 OR Schedule 1 to the Children Act 1989 OR The Matrimonial and Family Proceedings Act 1984 and Schedule 7 to the Civil Partnership Act 2004 ] The [Marriage OR Civil Partnership OR Relationship] of [applicant name] and [respondent name] ORDER MADE BY DISTRICT JUDGE [NAME OF JUDGE] ON [DATE] SITTING IN [OPEN COURT OR PRIVATE] AT A FIRST APPOINTMENT HEARING HEARD AS A PAPER EXERCISE IN THE ABSENCE OF THE PARTIES UNDER THE ACCELERATED FIRST APPOINTMENT PROCEDURE The parties and their representation 1 The applicant is [applicant name], who [acts in person OR is represented by [solicitor OR counsel], [solicitors’ firm or counsel’s name]]. The [first ]respondent is [respondent name], who [acts in person OR is represented by [solicitor OR counsel], [solicitors’ firm or counsel’s name]]. [The second...

Dive into our 4 Precedents related to Standard orders

Can an application be made within proceedings under Schedule 1 to the Children Act 1989 for an order to be made by consent? If so, what should be sent to the court, and is there an equivalent to the Form D81 statement of information for use in Schedule 1 proceedings?

Can an application be made within proceedings under Schedule 1 to the Children Act 1989 for an order to be made by consent? If so, what should be sent to the court, and is there an equivalent to the Form D81 statement of information for use in Schedule 1 proceedings? Applications under Schedule 1 to the Children Act 1989 (ChA 1989) are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. FPR 2010, SI 2010/2955, 2.3 defines ‘financial remedy’ as including an application under ChA 1989, Sch 1. FPR 2010, SI 2010/2955, 9.26 sets out the procedure on an application for a consent order in relation to a ‘financial remedy’. It does not explicitly exclude an application under ChA 1989, Sch 1, but nor does it make specific reference to it. In summary, the procedure specified by FPR 2010, SI 2010/2955, 9.26 is: • the applicant must file two copies of a draft of the order in the terms sought, one of which must...

Can a financial remedy order include both an undertaking and an order requiring a party to make mortgage payments to maximise the options for enforcement?

Can a financial remedy order include both an undertaking and an order requiring a party to make mortgage payments to maximise the options for enforcement? Undertakings are the bespoke way of including enforceable obligations in the preamble to a financial remedy order which the court would otherwise have no power to order. For example, in L v L, a party was held to their undertaking to pay maintenance beyond the remarriage of the recipient, notwithstanding a standard periodical payments order would have effluxed in that event. However, where the court has the power to make an order in the terms sought, there is little obvious benefit in including an undertaking to the like effect, as Family Procedure Rules 2010, PD 33A, para 2.1 provides that: ‘Any undertaking for the payment of money that has effect as if it is an order made under Part II of the Matrimonial Causes Act 1973 may be enforced as if it was an order and Part 33 and Part...

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SCTS updates guidance on expense claims in undefended Simple Procedure Actions

The Scottish Courts and Tribunals Service (SCTS) has published updated guidance on claiming expenses in undefended Simple Procedure actions, following the recent Sheriff Appeal Court opinion in Cabot v Walls. Claimants are now required to submit a detailed account of any expenses to the court before a decision can be made. A pro forma is available for claimants without legal representation.

Family monthly highlights—June 2021

This month’s edition of Family highlights includes details of the commencement date for the Divorce, Dissolution and Separation Act 2020 and the launch of a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the Court of Protection. Whether a step-nephew is an ‘associated person’ under the Family Law Act 1996 is considered, together with adoption after a relationship has ended and the correct test in step-parent adoption. In addition to links to analysis of other key decisions, recently updated and new content is also detailed, including the new 2020–2021 edition of At a Glance and new Practice Notes on choice of court agreements, recognition and enforcement of protection measures post IP completion day and the Public Law Working Group report templates and checklists.

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