Children (Amendment No. 2) Rules 2013

Made                                                                            16th May 2013

Coming into force                                                        23rd May 2013

THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 67 of the Children (Jersey) Law 2002[1], has made the following Rules –

1        Interpretation

In these Rules, “principal Rules” means the Children Rules 2005[2].

2        Part 1 amended

In Rule 1 of the principal Rules, after paragraph (2) there shall be inserted the following paragraph –

“(3)    Unless the context otherwise requires, references in these Rules to Forms are references to the Forms in Schedule 2.”.

3        Part 2 amended

(1)     In Rule 5(1)(b) of the principal Rules for the words “Rule 7(2)” there shall be substituted the words “Rule 7(3) or (4)”.

(2)     For Rule 7 of the principal Rules there shall be substituted the following Rule –

“7      Commencement of proceedings (private law)

(1)     This Rule applies to applications other than applications to which Rule 6 applies.

(2)     Subject to Rule 8, an applicant must file the application with the Greffier.

(3)     The application must consist of –

(a)     whichever is appropriate of Form C1 or Form C100 or, where an order is sought in existing proceedings, Form C2; and

(b)     in the case of proceedings under Schedule 1 to the Children Law (financial provision for children), the supplemental Forms C3 and C4.

(4)     If there is no appropriate Form, the application must consist of a statement in writing of the order sought.

(5)     Enough copies of the application must be filed to be served on each respondent.

(6)     If the application is made in respect of more than one child, all the children must be included in one application.

(7)     Subject to paragraph (10), upon the filing of the application the Greffier shall give the applicant a date for a preliminary directions hearing (in these Rules abbreviated to “PDH”).

(8)     The applicant must serve on each respondent a copy of the application with the date and place of the PDH endorsed on it giving not less than 2 clear days’ notice of the PDH.

(9)     The notice required by paragraph (8) may be given by sending it to the last known address of a respondent who does not have, or is not deemed to have, an address for service.

(10)    The Greffier may, if the Greffier thinks fit, refer an application to which this Rule applies to the Bailiff and, if the Greffier does so, the application shall, unless the Bailiff orders otherwise, be treated as an application to which Rule 6 applies.”.

(3)     After Rule 8 of the principal Rules there shall be inserted following Rule –

“8A   Disclosure of addresses

(1)     If in relation to an application a party does not wish to reveal the address of his or her private residence (or that of any child) the party must give notice of that address to the Court in Form C14.

(2)     Where notice of an address has been given under paragraph (1), the address shall not be revealed to any person except by order of the Court.”.

(4)     In Rule 10(2)(b) of the principal Rules for the words “Rule 7(3)” there shall be substituted the words “Rule 7(7)”.

4        Schedule 2 amended

(1)     In Schedule 2 to the principal Rules –

(a)     in the list of Forms –

(i)      for the entry in relation to Form C1 there shall be substituted the following entries –

“Form C1:

Application for an order (except a private law application for an Article 10 order, a parental responsibility order, an order for leave to remove a child from the jurisdiction, or an order for the change of a child’s name)

Form C100:

Private law application for an Article 10 order, a parental responsibility order, an order for leave to remove a child from the jurisdiction, or an order for the change of a child’s name”;

(ii)      after the entry relating to Form C13 there shall be inserted the following entry –

Form C14:

Confidential address”;

(b)     at the top of Form C1, after the words “Application for an order” there shall be inserted the words “(except a private law application for an Article 10 order, a parental responsibility order, an order for leave to remove a child from the jurisdiction, or an order for the change of a child’s name)”;

(c)     after Form C1 there shall be inserted Form C100 set out in Schedule 1 to these Rules; and

(d)     after Form C13 there shall be inserted Form C14 set out in Schedule 2 to these Rules.

5        Citation and Commencement

These Rules may be cited as the Children (Amendment No. 2) Rules 2013 and shall come into force 7 days after they are made.

JUDY O’SULLIVAN

Registrar, Family Division

 


SCHEDULE 1

(Rule 4(c))

Private law application for an Article 10 order, a parental responsibility order, an order for leave to remove a child from the jurisdiction, or an order for the change of a child’s name

Form C100

 

 

File number:

 

 

 

In the Royal Court of Jersey

 

(Family Division)

 

 

 

(Before completing this Form please read the Procedural Guide attached.

 

You can get a copy of all the Forms and leaflets from: the Judicial Greffe or

 

online at

 

www.gov.je/ [*********]

 

 

 

The Jersey Family Court Advisory Service (JFCAS) will carry out checks as it considers necessary.

 

 

 

 

 

Summary of application

 

 

 

Some people need permission to apply – please consult the Procedural Guide and chart ‘Who can apply for orders without leave of the Court’

 

 

 

Have you applied to the court for

 

 

 

 

permission to make this application?

 

Yes

 

Permission not required

 

 

 

 

 

 

 

 

 

 

 

 

 

Your name (the applicant(s))

 

 

 

 

 

 

The respondent’s name(s)

 

 

 

 

 

 

 

 

 

Please list the name(s) of the child(ren) and the type(s) of order you are applying for, starting with the oldest.

 

 

Child 1 – Full name of Child

Date of Birth

Gender

Order(s) applied for

 

 

 

 

Male

 

 

      /      /

 

Female

 

Relationship to applicant(s)

Relationship to respondent(s)

 

 

 

 

 

Child 2 – Full name of Child

Date of Birth

Gender

Order(s) applied for

 

 

 

 

Male

 

 

      /      /

 

Female

 

Relationship to applicant(s)

Relationship to respondent(s)

 

 

 

 

 

Child 3 – Full name of Child

Date of Birth

Gender

Order(s) applied for

 

 

 

 

Male

 

 

      /      /

 

Female

 

Relationship to applicant(s)

Relationship to respondent(s)

 

 

 

 

 

If there are more than three children please continue on a separate sheet.

 

 

Please tick if additional sheets are attached.

 

 

1. About you (the applicant(s))

 

 

 

 

 

 

Applicant 1 (You)

Applicant 2 (if applicable)

 

Full Names

 

 

 

 

 

 

 

 

 

Previous names (if any)

 

 

 

 

 

 

 

 

 

Gender

 

Male

 

Female

 

Male

 

Female

 

 

 

 

 

Date of Birth

 

 

 

 

 

 

 

 

 

 

 

Place of Birth

(town/county/country)

 

 

 

 

 

 

 

 

 

 

If you do not wish your address and/or contact details to be made known to the respondent, leave the details you do not wish to be known below blank and complete Confidential contact details Form C14.

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

 

Postcode

 

 

 

Home telephone number

 

 

 

 

 

 

Mobile telephone number

 

 

 

 

 

 

E-mail address

 

 

 

 

 

 

Have you lived at this

 

 

address for more than

 

Yes

 

No

 

Yes

 

No

5 years?

 

 

 

If No, please provide details of all previous addresses you have lived at for the last 5 years.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

* Please note that we require all addresses for the previous 5 years.

Please continue on a separate sheet if necessary.

 

 

 

 

Please tick if additional sheets are attached.

 

 

 

2. The Respondent(s)

 

 

If there are more than 2 respondents please continue on a separate sheet.

 

 

Respondent 1

Respondent 2

Full Names

 

 

 

 

 

 

 

Previous names
(if known)

 

 

 

 

 

 

 

Gender

 

Male

 

Female

 

Male

 

Female

 

 

 

Date of Birth

 

 

 

 

 

 

 

 

 

Place of Birth

(town/county/country)

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

Postcode

 

 

 

 

 

Home telephone number

 

 

 

 

 

 

Mobile telephone number

 

 

 

 

 

 

E-mail address

 

 

 

 

 

 

Have they lived at this

 

 

address for more than

 

Yes

 

No

 

Don’t

 

Yes

 

No

 

Don’t

5 years?

 

know

 

know

 

 

If No, please provide details of all previous addresses for the last 5 years below (if known, including the dates and starting with the most recent).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

* Please note that we require all addresses for the previous 5 years.

Please continue on a separate sheet if necessary.

 

 

 

 

Please tick if additional sheets are attached.

 

 

 

3. Others who should be given notice

 

 

There may be other people who should be notified of your application, for example, someone who cares for the child but is not a parent.

 

 

 

Person 1

Person 2

Full Names

 

 

 

 

 

 

 

Previous names
(if known)

 

 

 

 

 

 

 

Gender

 

Male

 

Female

 

Male

 

Female

 

 

 

Date of Birth (if known)

 

 

 

 

 

 

 

 

 

Place of Birth (if known)

(town/county/country)

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

Postcode

 

 

 

 

 

Please state their relationship to the children listed in Section 1. If their relationship is not the same to each child please state their relationship to each child.

 

 

 

 

 

 

 

 

 

 

 

 

 

4. Legal representation details

 

 

 

 

 

Do you have an advocate or solicitor acting for you?

 

Yes

 

No

 

 

 

 

 

 

 

 

If Yes, please give the following details:

 

 

Advocate’s/Solicitor’s Name

 

 

 

 

Name of firm

 

 

 

 

Address

 

 

 

 

 

 

Postcode

 

 

 

Telephone number

 

 

 

 

Fax number

 

 

 

 

E-mail address

 

 

 

 

5. The Child(ren)

 

Does the child/Do any of the children

 

Yes

 

No

have any disability or special needs?

 

 

 

 

 

 

If Yes, please give details:

 

 

 

 

 

 

 

 

 

 

 

 

 

Are any of the children

 

Yes

 

No

 

Don’t know

known to the Children’s

 

 

 

 

 

 

Service?

 

 

 

 

 

 

 

 

 

 

 

 

 

If Yes, please state which child(ren) and the name(s) of the social worker(s) (if known)

 

 

 

 

 

 

 

 

 

 

Are the names of any of

 

Yes (state which)

the children on the Child

 

Protection Register?

 

No

 

Don’t know

 

 

 

 

Do all the children share

 

Yes

 

No

the same parents?

 

If Yes, what are the

 

names of the parents?

 

If No, please identify the parents for each child named in this application

 

 

 

 

 

 

 

 

 

 

 

 

 

Please state everyone who has parental responsibility for each child and how they have parental responsibility (e.g. ‘child’s mother’, ‘child’s father and was married to the mother when the child was born’, etc.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Applicant(s)

With whom do each of

 

 

the children currently

 

Respondent(s)

live?

 

 

 

 

Other

 

 

If Other, please give the full address of the child(ren), the names of any adults living with the child(ren) and their relationship to or involvement with the child(ren)

 

 

 

If you do not wish this information to be made known to the Respondent, leave the details blank and complete Confidential contact details form C14

 

 

 

6. Why are you making this application?

 

Please give brief details:

Do not give a full statement, please provide a summary

 

of any relevant grounds and reasons.

·   any previous agreements (formal or informal), and how they have broken down

You may be asked to provide a full statement later.

 

 

·   your reasons for bringing this application to the court

 

 

 

·   what you want the court to do

 

 

 

·   reasons given by the respondent(s) for their actions in relation to this application

 

 

 

7. Agreements about residence and/or contact?

 

 

 

Have you received a copy

 

 

Yes

 

No

If No, you can get a copy

of the ‘Parenting Plan:

 

free of charge from the

 

Putting your children

 

Judicial Greffe

 

first: A guide for

 

 

 

separating parents’

 

 

 

booklet?

 

 

 

 

 

 

 

Have you attended

 

 

Yes

 

No

 

 

mediation?

 

 

 

 

 

 

 

Please give the following

 

 

details:

 

 

·   If you attended mediation information/ assessment meeting, what was the outcome?

 

 

 

 

 

·   If you attended full mediation sessions, what was the outcome?

 

 

 

 

 

·   If you did not attend mediation, please explain why?

 

 

 

 

 

·   Would you be willing to attend?

 

 

 

 

 

 

 

 

 

·   Have you been on the

 

 

 

     ‘Children in Mind’

 

 

Yes

 

 

No

 

     course?

 

 

 

 

 

 

 

 

 

 

·   If you have not, what

 

 

     was the reason?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8. Risk

 

Do you believe that any

any form of domestic abuse/

 

of the children listed

violence

 

Yes

 

 

No

in Section 1 have

 

 

experienced or are at risk

child abduction

 

Yes

 

 

No

of experiencing harm

 

 

from any of the following

child abuse

 

Yes

 

 

No

by any person who has

 

 

had or may have contact

drugs, alcohol or substance abuse

 

Yes

 

 

No

with the child(ren) or who

 

 

is or has been involved in

other safety or welfare concerns

 

Yes

 

 

No

caring for the child(ren)?

 

 

 

Has there been Police, Children’s Service, Mental Health, Medical

 

Yes

 

No

or any other support services involvement with any of these risks?

 

Don’t know

 

If you answered Yes to any of the above, you will be asked to provide further details in due course.

 

 

9. Other court cases which concern the child(ren) listed in Section 1

 

Are you aware of any other court cases

 

Yes

If Yes, please give details below

now, or at any time in the past, which

 

 

(and provide copies of any

concern any of the child(ren) listed in

 

 

orders in your possession):

Section 1?

 

 

 

 

 

No

If No, please go to Section 10

Details

Name of child(ren)

 

 

 

 

 

 

 

Details of Case(s)

 

 

 

 

 

 

 

 

 

 

Date/year (if known)

 

 

 

 

 

If the above details are different for each child, please

 

provide details on additional sheets.

 

 

 

Please tick if additional sheets are attached.

 

 

 

10. Attending the court

 

If you require an interpreter, you must tell the court

 

Do you or any of the parties need

 

Yes

 

No

an interpreter at court?

 

 

 

 

 

If yes, please specify the language:

 

 

 

 

 

 

If attending court, do you or any of the

 

Yes

 

No

parties involved have a disability for

 

which you require special assistance or

 

special facilities?

If Yes, please say what the needs are:

 

 

 

 

 

 

 

 

 

 

 

 

11. Statement

 

 

* I, the applicant, honestly believe that the facts stated in

 

this application are true.

 

 

* Delete as appropriate

* I am duly authorised by the applicant to sign this statement.

 

 

Print full name

 

 

 

 

 

 

 

Signed

 

Dated

 

 

 

 

 

 

 

 

 

 

 

 

 

Applicant

 

 

Name of applicant

 

 

lawyer’s firm

 

 

 

 

 

Position or office held

 

 

(If signing on behalf

 

 

of firm or company)

 

 

 

 

 

 

Signed

 

Dated

 

 

 

 

 

 

 

 

 

 

 

 

 

Applicant’s lawyer

 

 

 

 

 

 

What to do now

 

 

Check you have attached copies of any relevant orders (as per Section 9)

 

 

 

Has Form C14 been attached (if applicable – relating to confidential contact

 

details)?

 

 

 

Check you have completed and signed Section 11.

 

 

 

You must provide a copy of the application and attached documents for each

 

of the respondents and one for JFCAS.

 

 

 

Check you have included dates of birth for all parties (if known) and children.

 

 

 

Are there any additional sheets attached?

 

 

 

If you have included additional sheets, you must add the names of the parties and

 

children at the top of the page, and details of the questions and page number that

 

the additional sheets relate to.

 

 

 

Check you have attached the correct stamp fee. For details of the fee and how to

 

purchase the stamp, either attend at Reception of the Royal Court building or

 

contact the Judicial Greffe by telephone on 441300.

 

 

 

 

 

Now take or send your application with the correct stamp fee and correct number of copies to the court.

 

 


SCHEDULE 2

(Rule 4(d))

 

Form C14

Confidential address

 

 

File number:

 

In the Royal Court of Jersey

(Family Division)

 

 

The full name(s) of the child(ren)

 

 

 

 

 

 

Your full name

 

 

 

 

The omitted address

 

This Form is to be used by any party in children law proceedings who does not wish to reveal the address of their private residence or that of any child. This address will not be revealed to any person except by order of the Court. State that address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 



[1]                                    chapter 12.200

[2]                                    chapter 12.200.70


Page Last Updated: 04 Jun 2015