Model CAP orders released by the President
Forms drafted to be comprehensible by litigants in person
The President of the Family Division, Sir James Munby, has released a suite of draft private law children orders which replace Forms CAP01 to CAP04.
The orders have been prepared by a working group on the basis that they must be as concise as possible and easy to understand by the parties who are increasingly self-represented. Suggestions by AdviceNow for simpler language have been incorporated.
The new orders are less prescriptive as to recitals, leaving it to the good sense of judges in any particular case what they choose to include or leave out. With the agreement of the Family Procedure Rules Committee amendments to PD12B have been approved removing the requirement for certain information to be included on the face of orders.
Since CPR 81.9 requires that, to be enforceable, penal and warning notices must be prominently displayed on the front of the order, all the warning notices have been collected together on the front page.
It is hoped that as many judges and justices' legal advisers as possible will use the Judicial Template to produce the new orders.
In an attempt to keep these forms to a manageable length they are separated into:
A Allocation and Gatekeeping,
B Case Management Directions and Section 8 and other Orders and
HMCTS staff are being provided with the full text of the orders to which the tick box forms relate so they can draw the appropriate orders using FamilyMan. Whichever method is used to produce orders I am keen that parties should leave court with a copy of the order made at the hearing whenever possible. That will usually be achieved if the Template is used.
The President states that it is important that practitioners have access to the same orders as judges so that they can draft consistently. To that end I am making them available to the Bar and Law Society to circulate to family practitioners.
The forms are here. The President's accompanying announcement is here.