Royal
Court (Family Division) Amendment Rules 2025
Made 3 April 2025
Coming into
force in accordance with Rule 10
1 Adoption Rules 1962 amended
(1) This
Rule amends the Adoption
Rules 1962.
(2) In
Rule 1(1), after the definition of “adoption order” there is inserted –
“file” means file in the Judicial Greffe (and “filed” and “filing”
are to be read accordingly);
(3) In
Rule 2(1), “in the Judicial Greffe” is deleted.
(4) In
Rule 6A(2)(a), for “lodging with the Judicial Greffe” there is substituted
“filing”.
(5) For
Rule 12, there is substituted –
(1) When the guardian ad litem has made the report to the Court under Rule 11(2),
directions may be given as necessary by a Family Judge or by the Judicial
Greffier.
(2) The Judicial Greffier shall, once the
report has been made to the Court or, if applicable, once directions have been
given under paragraph (1), fix a date for the hearing of the application
by the Court.
(6) In
Rule 25B(1)(d), for “date of the filing of the application” there is
substituted “date the application is made”.
(7) In
Rule 28A(3), “in the Judicial Greffe” is deleted.
2 Legitimacy Rules 1974 amended
(1) This
Rule amends the Legitimacy
Rules 1974.
(2) In
Rule 1, in the opening words, after “these Rules” there is inserted “,
unless the context otherwise requires”.
(3) In
Rule 10(3), “or the Judicial Greffier” in all 3 places is deleted.
(4) After
Rule 10(4), there is inserted –
(5) In
paragraph (3) “the Court” includes a Family Judge or the Judicial
Greffier.
3 Maintenance Orders (Facilities for Enforcement)
Rules 2003 amended
(1) This
Rule amends the Maintenance
Orders (Facilities for Enforcement) Rules 2003.
(2) In
each of Schedules 1, 2, 3, 4, 5, 6 and 7 –
(a) for “[Registrar, Family
Division of the Royal Court of Jersey]” (at the top of the form) there is
substituted “[Family Judge, Royal Court of Jersey]”;
(b) for “[Signature of Greffier/Registrar]” (at the foot of the form) there is substituted “[Signature of Judge/Greffier]”.
4 Children Rules 2005 amended
(1) This
Rule amends the Children
Rules 2005.
(2) In
Rule 1(1), after the definition of “directions appointment” there is
inserted –
“file” means file in the Judicial Greffe (and “filed” and “filing”
are to be read accordingly);
(3) In
Rule 3(2), for “The Greffier” there is substituted “A Family Judge”.
(4) In
Rule 3(3)(c) and Rule 3(4)(a)(i) and (b), for “the Greffier” there is
substituted “a Family Judge”.
(5) In
Rule 5(1), “with the Court” is deleted.
(6) In
Rule 5(2), for “the Greffier” there is substituted “a Family Judge”.
(7) In
Rule 6(2), for “file” there is substituted “lodge”.
(8) In
Rule 6(4)(b), for “filed” there is substituted “lodged”.
(9) In
Rule 6(7), for “the Greffier” there is substituted “a Family Judge”.
(10) In
Rule 7(10) –
(a) for “The Greffier may, if
the Greffier thinks fit” there is substituted “A Family Judge may”;
(b) for “the Greffier does”
there is substituted “the Family Judge does”.
(11) In
Rule 8(1), in the closing words, for “file” there is substituted “lodge”.
(12) In
Rule 14(3), for “the Greffier” there is substituted “a Family Judge”.
(13) In
Rule 15(4), in the opening words and in the closing words, for “Greffier”
there is substituted “Family Judge”.
(14) In
Rule 16(2), in the opening words and in Rule 16(2)(c)(ii) for
“Greffier” there is substituted “Family Judge”.
(15) In
Rule 16(3), for “Greffier” there is substituted “Family Judge”.
(16) In
Rule 17(7)(a)(ii), for “Greffier” there is substituted “Family Judge”.
(17) In
Rule 23, in the heading, for “the Greffier” there is substituted “Family
Judge”.
(18) In
Rule 23(1), for “the Greffier” there is substituted “a Family Judge”.
(19) In
Rule 23(2), for “Greffier”, in both places, there is substituted “Family
Judge”.
(20) In
Rule 23(3)(a), for “Greffier” there is substituted “Family Judge”.
(21) In
Rule 23(5), for “Greffier”, in every place, there is substituted “Family
Judge”.
(22) In
Rule 31(2), after “may,” there is inserted “after consulting Family Judges
and”.
5 Child Custody
(Jurisdiction) Rules 2005 amended
(1) This
Rule amends the Child
Custody (Jurisdiction) Rules 2005.
(2) In
Rule 1, in the definition of “Court”, after “includes” there is inserted
“a Family Judge and”.
6 Child Abduction and Custody
Rules 2005 amended
(1) This
Rule amends the Child
Abduction and Custody Rules 2005.
(2) In
Rule 8, for “Court or” there is substituted “Court, a Family Judge or”.
7 Matrimonial Causes Rules 2005 amended
(1) This
Rule amends the Matrimonial
Causes Rules 2005.
(2) In
Rule 1(1) –
(a) in the definition of
“Court”, after “and includes” there is inserted “a Family Judge and”;
(b) for the definition of
“filed”, there is substituted –
“file” means file in the Judicial Greffe (and “filed” and “filing”
are to be read accordingly);
(3) In
Rule 2 –
(a) in the heading, for
“Greffier” there is substituted “Family Judges”;
(b) in the closing words, for
“the Greffier” there is substituted “a Family Judge”.
(4) In
Rule 5(4), for “Greffier” in both places there is substituted “Court”.
(5) For
Rule 5(11), there is substituted –
(11) A certificate of marriage to which the
petition relates must be filed with the petition unless the Court otherwise
directs.
(12) An application for a direction under paragraph (11)
may be made to the Court ex parte.
(6) In
Rule 5B(3), for “Greffier” there is substituted “Court”.
(7) In
Rule 9(8), for “lodging with the Greffier” there is substituted “filing”.
(8) In
Rule 9(9) and Rule 9(10), for “Greffier” there is substituted
“Court”.
(9) In
Rule 9(11), for “Greffier” in both places there is substituted “Court”.
(10) In
Rule 10(4)(a), for “lodge with the Greffier” there is substituted “file”.
(11) In
Rule 13(1), for “giving the Greffier” there is substituted “filing”.
(12) In
Rule 16B(3), for “Greffier” there is substituted “Court”.
(13) In
Rule 25(1) and Rule 25(6), for “Greffier” there is substituted
“Court”.
(14) In
Rule 25(9), for “Greffier” in both places there is substituted “Court”.
(15) In
Rule 26(2), for “Greffier” in both places there is substituted “Court”.
(16) In
Rule 29(10) and Rule 29(11), for “lodge with the Greffier” there is
substituted “file”.
(17) In
Rule 30(4), “to the Greffier” is deleted.
(18) In
Rule 31, in the heading, for “Greffier” there is substituted “Family
Judge”.
(19) In
Rule 31(1), for “The Greffier” there is substituted “A Family Judge”.
(20) In
Rule 31(2), for “Greffier” there is substituted “Family Judge”.
(21) In
Rule 31(3), for “Greffier” in both places there is substituted “Family
Judge”.
(22) In
Rule 31(4), for “Greffier” there is substituted “Family Judge”.
(23) In
Rule 32(1), for “the Greffier” there is substituted “a Family Judge”.
(24) In
Rule 39(5), for “Greffier” there is substituted “Court”.
(25) In
Rule 40(1), for “Greffier” there is substituted “Court”.
(26) In
Rule 41, in the heading, for “lodging” there is substituted “filing”.
(27) In
Rule 41(1), for “lodging with the Greffier” there is substituted “filing”.
(28) In
Rule 41(2), for “Greffier” there is substituted “Court”.
(29) In
Rule 41(3) –
(a) for “lodged” in both
places (in the opening words) there is substituted “filed”;
(b) for “Greffier” in both
places (in the closing words) there is substituted “Court”.
(30) In
Rule 42(1) –
(a) after “An application”
there is inserted “to the Court”;
(b) “to the Greffier” is
deleted.
(31) In
Rule 42(2), for “Greffier” there is substituted “Court”.
(32) In
Rule 44, for “prepared and filed” there is substituted “issued”.
(33) In
Rule 48, for “returned to the Greffier” there is substituted “filed”.
(34) In
Rule 49(6) and Rule 49(7), for “Greffier” there is substituted
“Court”.
(35) In
Rule 52(1) and Rule 52(2), for “lodged” there is substituted “filed”.
(36) In
Rule 52(3), for “lodging” there is substituted “filing”.
(37) In
Rule 53(1), for “Greffier” there is substituted “Court”.
(38) In
Rule 53(4), for “Greffier may, of the Greffier’s” there is substituted
“Court may, of the Court’s”.
(39) In
Rule 54(2), for “Greffier” there is substituted “Court”.
(40) In
Rule 56(2) –
(a) in the opening words, for
“Greffier” there is substituted “Court”;
(b) in sub-paragraph (c)(iii),
“the Greffier shall determine” is deleted.
(41) In
Rule 56(3) for “Greffier” there is substituted “Court”.
(42) In
Rule 57(3), for “Greffier” there is substituted “Court”.
(43) In
Rule 59(1) –
(a) for “Greffier” there is
substituted “Court”;
(b) after “further
statements” (at the end) there is inserted “to be filed”.
(44) In
Rule 60(1) and Rule 60(2), for “Greffier” in both places there is
substituted “Court”.
(45) For
Rule 61, there is substituted –
61 Reference of application for ancillary relief to Inferior
Number
A Family Judge hearing an application for ancillary relief may at
any time refer the application, or any question arising on the application, to
the Inferior Number for its decision.
(46) In
Rule 62, in the heading, for “the Greffier” there is substituted “Family
Judge or the Greffier”.
(47) In
Rule 62(1), for “the Greffier” there is substituted “a Family Judge or the
Greffier (hereinafter referred to as “a relevant order or decision”)”.
(48) In
Rule 62(2) –
(a) for “an order or decision
of the Greffier” there is substituted “a relevant order or decision”;
(b) for “apply to the
Greffier” there is substituted “apply to the Family Judge or the Greffier, as
the case may be,”.
(49) In
Rule 62(3), Rule 62(4) and 62(5), for “Greffier” there is substituted
“Family Judge or the Greffier”.
(50) In
Rule 62(7), for “Greffier” in both places there is substituted “Family
Judge or the Greffier”.
(51) In
Rule 62(10), for “, or within 21 days of delivery of the Greffier’s
reasons if no evidence was taken at the hearing before the Greffier” there is
substituted “or, if no evidence was taken at the hearing, within 21 days
of delivery of the reasons for the relevant order or decision”.
(52) In
Rule 62(12) for “lodge with the Greffier” there is substituted “file”.
(53) In
Rule 63(2), Rule 63(3), Rule 63(4) and Rule 63(5), for
“Greffier” there is substituted “Court”.
(54) In
Rule 68(1), “at the Judicial Greffe” is deleted.
(55) In
Rule 71, after “The Greffier may,” there is inserted “after consulting
Family Judges and”.
8 Civil Partners Causes Rules 2012 amended
(1) This
Rule amends the Civil
Partners Causes Rules 2012.
(2) In
Rule 1(1) –
(a) in the definition of
“Court”, after “and includes” there is inserted “a Family Judge and”;
(b) for the definition of
“filed”, there is substituted –
“file” means file in the Judicial Greffe (and “filed” and “filing”
are to be read accordingly);
(3) In
Rule 2 –
(a) in the heading, for
“Greffier” there is substituted “Family Judges”;
(b) in the closing words, for
“the Greffier” there is substituted “a Family Judge”.
(4) In
Rule 5(4), for “Greffier” in both places there is substituted “Court”.
(5) For
Rule 5(11), there is substituted –
(11) A
certificate of marriage to which the petition relates must be filed with the
petition unless the Court otherwise directs.
(12) An
application for a direction under paragraph (11) may be made to the Court ex parte.
(6) In
Rule 7(3), for “Greffier” there is substituted “Court”.
(7) In
Rule 11(8), for “lodging with the Greffier” there is substituted “filing”.
(8) In
Rule 11(9) and Rule 11(10), for “Greffier” there is substituted
“Court”.
(9) In
Rule 11(11), for “Greffier” in both places there is substituted “Court”.
(10) In
Rule 12(4)(a), for “lodge with the Greffier” there is substituted “file”.
(11) In
Rule 16(1), for “giving the Greffier” there is substituted “filing”.
(12) In
Rule 21(3), for “Greffier” there is substituted “Court”.
(13) In
Rule 34(10) and Rule 34(11), for “lodge with the Greffier” there is substituted
“file”.
(14) In
Rule 36, in the heading, for “Greffier” there is substituted “Family
Judge”.
(15) In
Rule 36(1), for “The Greffier” there is substituted “A Family Judge”.
(16) In
Rule 36(2), for “Greffier” there is substituted “Family Judge”.
(17) In
Rule 36(3), for “Greffier” in both places there is substituted “Family
Judge”.
(18) In
Rule 36(4), for “Greffier” there is substituted “Family Judge”.
(19) In
Rule 35(4), “to the Greffier” is deleted.
(20) In
Rule 36, in the heading, for “Greffier” there is substituted “Family
Judge”.
(21) In
Rule 36(1), for “The Greffier” there is substituted “A Family Judge”.
(22) In
Rule 36(2), for “Greffier” there is substituted “Family Judge”.
(23) In
Rule 36(3), for “Greffier” in both places there is substituted “Family
Judge”.
(24) In
Rule 36(4), for “Greffier” there is substituted “Family Judge”.
(25) In
Rule 37(1), for “the Greffier” there is substituted “a Family Judge”.
(26) In
Rule 44(5), for “Greffier” there is substituted “Court”.
(27) In
Rule 45(1), for “Greffier” there is substituted “Court”.
(28) In
Rule 46, in the heading, for “lodging” there is substituted “filing”.
(29) In
Rule 46(1), for “lodging with the Greffier” there is substituted “filing”.
(30) In
Rule 46(2), for “Greffier” there is substituted “Court”.
(31) In
Rule 46(3) –
(a) for “lodged” in both
places (in the opening words) there is substituted “filed”;
(b) for “Greffier” in both
places (in the closing words) there is substituted “Court”.
(32) In
Rule 47(1), “to the Greffier” is deleted.
(33) In
Rule 47(2), for “Greffier” there is substituted “Court”.
(34) In
Rule 49, for “prepared and filed” there is substituted “issued”.
(35) In
Rule 54, for “returned to the Greffier” there is substituted “filed”.
(36) In
Rule 49(6) and Rule 49(7), for “Greffier” there is substituted
“Court”.
(37) In
Rule 58(1) and Rule 52(2), for “lodged” there is substituted “filed”.
(38) In
Rule 58(3), for “lodging” there is substituted “filing”.
(39) In
Rule 59(1), for “Greffier” there is substituted “Court”.
(40) In
Rule 59(4), for “Greffier may, of the Greffier’s” there is substituted
“Court may, of the Court’s”.
(41) In
Rule 60(2), for “Greffier” there is substituted “Court”.
(42) In
Rule 62(2) –
(a) in the opening words, for
“Greffier” there is substituted “Court”;
(b) in sub-paragraph (c)(iii),
“the Greffier shall determine” is deleted.
(43) In
Rule 62(3) for “Greffier” there is substituted “Court”.
(44) In
Rule 63(3), for “Greffier” there is substituted “Court”.
(45) In
Rule 65(1) –
(a) for “Greffier” there is
substituted “Court”;
(b) after “further
statements” (at the end) there is inserted “to be filed”.
(46) In
Rule 66(1) and Rule 66(2), for “Greffier” in both places there is
substituted “Court”.
(47) For
Rule 67, there is substituted –
67 Reference of claim for ancillary relief to
Inferior Number
A Family Judge hearing a claim for ancillary relief may at any time
refer the claim, or any question arising on the claim, to the Inferior Number
for its decision.
(48) In
Rule 68, in the heading, for “the Greffier” there is substituted “Family
Judge or the Greffier”.
(49) In
Rule 68(1), for “the Greffier” there is substituted “a Family Judge or the
Greffier (hereinafter referred to as “a relevant order or decision”)”.
(50) In
Rule 68(2) –
(a) for “an order or decision
of the Greffier” there is substituted “a relevant order or decision”;
(b) for “apply to the
Greffier” there is substituted “apply to the Family Judge or the Greffier, as
the case may be,”.
(51) In
Rule 68(3), Rule 62(4) and 62(5), for “Greffier” there is substituted
“Family Judge or the Greffier”.
(52) In
Rule 68(7), for “Greffier” in both places there is substituted “Family
Judge or the Greffier”.
(53) In
Rule 68(10), for “, or within 21 days of delivery of the Greffier’s
reasons if no evidence was taken at the hearing before the Greffier” there is
substituted “or, if no evidence was taken at the hearing, within 21 days
of delivery of the reasons for the relevant order or decision”.
(54) In
Rule 68(12) for “lodge with the Greffier” there is substituted “file”.
(55) In
Rule 69(2), Rule 69(3), Rule 69(5) and Rule 69(6), for
“Greffier” there is substituted “Court”.
(56) In
Rule 74(1), “at the Judicial Greffe” is deleted.
(57) In
Rule 77, after “The Greffier may,” there is inserted “after consulting Family
Judges and”.
9 Saving provision
The amendments to Rules
of Court made by Rules 1 to 8 do not affect proceedings that have
commenced but have not been concluded when these Rules come into force, and do
not affect anything done before that time in respect of any proceeding.
10 Citation and commencement
These Rules may be cited as the Royal Court (Family Division)
Amendment Rules 2025 and come into force on the same day as the Family Division
Registrar (Change of Status and Title) (Jersey) Law 2025.
R. Morley-Kirk
Judicial Greffier