Jurisdiction including the deprivation of liberty.

Message from Mr Justice Mostyn: Standard orders

18 February 2022 |Family Court|Financial Remedies Court|Standard Family Orders

Standard Orders

I make this announcement with the authority of the President.

The working party under the leadership of HHJ Moradifar considering the Standard Family Orders Volume 2 (Children and Other Orders) has at my request undertaken a preliminary review of all Volume 2 orders to identify those orders which require urgent, immediate, update and amendment which cannot await the outcome of the overall review.

They have identified the following:

  1. Those orders where the question of jurisdiction is addressed. The amendments require a case to specify whether it is governed by pre- or post-Brexit jurisdictional rules.

    The orders which have been updated are:
    Order 7.2: Private Law Case Management Directions and Orders Precedent Library
    Order 7.3: Private Law Directions at FHDRA (No Allegations of Domestic Abuse)
    Order 7.4: Private Law Directions at FHDRA (Allegations of Domestic Abuse)
    Order 8.3: Public Law Directions and Orders at the First Case Management Hearing

  2. Order 23.2 has been renamed to make it clear that it should be used for all hearings except the final hearing, and not merely for the First Hearing. It is now called “Child DoL Orders – Directions at any hearing other than the final hearing”. The substance and terminology of the order has also been amended to reflect recent relevant guidance and case law.

These revised orders, together with the zip file containing Volume 2 in its up-to-date form, are attached to this announcement.

The consultation process which began earlier this year is continuing and any comments about these, or indeed any, orders will be very welcome. Comments should be sent to pfd.office@judiciary.uk. The consultation will close on 28 February 2022.