Adoption Rules usher in new era for family proceedings
The publication of the Family Procedure (Adoption) Rules last month heralded the beginning of a complete overhaul of the family proceedings rules. The Adoption rules are the first to be released that mirror the model of the Civil Procedure Rules with a central set of rules supplemented by a set of Practice Directions. The projected target is that by 2007 the current FPR will be entirely replaced by new rules introducing novel concepts to family proceedings such as an over-riding objective, which is defined as
'The overriding objective
1. —
(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly, having regard to the welfare issues involved.
(2) Dealing with a case justly includes, so far as is practicable—
- (a) ensuring that it is dealt with expeditiously and fairly;
- (b) dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues;
- (c) ensuring that the parties are on an equal footing;
- (d) saving expense; and
- (e) allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases.'
The DCA hopes to have a complete set of the Rules, Practice Directions and Forms available on their site in time for implementation on 30 December but in the meantime the Practice Directions supplementing the Family Procedure (Adoption) Rules, which have just been published, will be available on the Family Law Week site later this week.