Superior Courts (Children and Family Relationships Act 2015) 2016.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Rules, which may be cited as the Rules of the Superior Courts (Children and Family Relationships Act 2015) 2016, shall come into operation on the 18th day of January 2016.
(2) These Rules shall be construed together with the Rules of the Superior Courts.
(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2016.
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paragraphs: The Rules of the Superior Courts are amended:
(i) by the insertion in rule 1 of Order 70B immediately following the definition of “cohabitation proceedings” of the following definition:
“ “dependent child” and “dependent child of the civil partners” each has the same meaning as in section 2 of the Act, and”;
(ii) by the substitution for paragraph (e) of sub-rule (2) of rule 4 of Order 70B of the following paragraph:
“(e) full particulars of every dependent child of the civil partners, stating whether and if so what provision has been made for each and any such dependent child;”;
(iii) by the substitution for paragraph (e) of sub-rule (4) of rule 4 of Order 70B of the following paragraph:
“(e) the rights of any person other than the civil partners concerned which may be affected by the relief sought, including a person with whom either civil partner is registered in a new civil partnership or to whom either civil partner is married, or any dependent child of the civil partners.”;
(iv) by the substitution for paragraph (f) of sub-rule (5) of rule 4 of Order 70B of the following paragraph:
“(f) the rights of any person other than the civil partners concerned which may be affected by the relief sought, including a person with whom either civil partner is registered in a new civil partnership or to whom either civil partner is married, or any dependent child of the civil partners.”;
(v) by the substitution for paragraph (c) of sub-rule (7) of rule 4 of Order 70B of the following paragraph:
“(c) the rights of any person other than the civil partners concerned which may be affected by the relief sought, including a person with whom either civil partner is registered in a new civil partnership or to whom either civil partner is married, or any dependent child of the civil partners.”;
(vi) by the insertion immediately following rule 5 of Order 70B of the following rule:
“5A.(1) In any case where there is a dependent child of the civil partners, each party shall file and serve an Affidavit of Welfare, in Form No. 5 in Appendix II, in the proceeding.
(2) The Affidavit of Welfare of the applicant shall be served with the verifying affidavit grounding the proceeding and the Affidavit of Welfare of any respondent or any other party shall be served with the replying affidavit in the proceeding unless otherwise ordered by the Master or the Court.”;
(vii) by the substitution for paragraph (j) of sub-rule (1) of rule 6 of Order 70B of the following paragraph:
“(j) an order under section 116 of the Act requiring a civil partner to make periodical payments or lump sum payments for support of the other civil partner and, where appropriate, to make periodical payments for the benefit of any dependent child of the civil partners that the Court considers proper, pending application for a decree of dissolution.”;
(viii) by the substitution for paragraph (a) of sub-rule (2) of rule 6 of Order 70B of the following paragraph:
“(a) an order under section 117 of the Act requiring a civil partner to make and/or secure periodical payments or lump sum payments for support of the other civil partner and/or for the benefit of any dependent child of the civil partners, and/or an attachment of earnings order in respect of any such payments following the making of a decree of dissolution;”, and
(ix) by the substitution for paragraph (a) of sub-rule (1) of rule 8 of Order 70B of the following paragraph:
“(a) where there is any dependent child of the civil partners who is sui juris and whose welfare or position is or is likely to be affected by the determination of the proceeding or of any issue in the proceedings;”.
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paragraphs: The form numbered as Form No. 5 set out in the Schedule shall be added to Appendix II to the Rules of the Superior Courts immediately following Form No. 4.