No. 2) Rules 2013
Made 16th May 2013
Coming into force 23rd
THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 67
of the Children (Jersey) Law 2002, has made the following Rules –
In these Rules, “principal Rules”
means the Children Rules 2005.
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
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)”.
Rule 7 of the principal Rules there shall be substituted the following
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;
(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
(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.”.
Rule 8 of the principal Rules there shall be inserted following Rule –
(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
(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.”.
Rule 10(2)(b) of the principal Rules for the words “Rule 7(3)”
there shall be substituted the words “Rule 7(7)”.
Schedule 2 to the principal Rules –
the list of Forms –
(i) for the entry in
relation to Form C1 there shall be substituted the following entries –
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)
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 –
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)”;
Form C1 there shall be inserted Form C100 set out in Schedule 1
to these Rules; and
Form C13 there shall be inserted Form C14 set out in Schedule 2
to these Rules.
These Rules may be cited as the Children (Amendment No. 2)
Rules 2013 and shall come into force 7 days after they are made.
Registrar, Family Division