EFIS 8, January 2005 : Children Act

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The Family Proceedings (Amendment) Rules 2004 and the Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2004 have both re-prescribed the existing Children Act forms, C1 and C2, to take account of changes made to the legal definition of "harm" to children which has been introduced under section 120 of the Adoption and Children Act 2002.

However, these new Rules also prescribe a new form, C1A which is an application form where children are either at risk or have already suffered domestic abuse, violence, physical or emotional harm. This is used in conjunction with C1 and C2 in certain circumstances.

These new Rules will come into force on 31st January 2005 so practitioners should not use the existing versions of C1 and C2 after 30th January.

In addition, C7 has also changed but in future we understand that the courts will generate this Acknowledgement form from their own computer system, which is why we have decided to discontinue this form. Please see deletion instructions below.

Finally, both sets of Rules have also made minor amendments to C11, C12 and C19 arising out of changes to the Children Act 1989 which were made by paragraph 10 of Schedule to the Nursing and Midwifery Order 2001.

Finally, form A6 has had minor textural amendments and is available for your immediate use.

Forms affected

C7	Acknowledgment	Withdrawn
C1	Application for an Order	New/Amended
C2	Application for Leave to Commence Proceedings or for an Order or Directions in Existing Family Proceedings or to be Joined as or Cease to be, a Party in Existing Family Proceedings	New/Amended
C1A	Supplemental Information Form	New/Amended
C11	Supplement for an Application for an Emergency Protection Order (s 44 Children Act 1989)	New/Amended
C12	Supplement for an Application for a Warrant to Assist a Person Authorised by an Emergency Protection Order (s 48 Children Act 1989)	New/Amended
C19	Application for a Warrant of Assistance (s 102 Children Act 1989, s 33 Adoption Act 1976)	New/Amended
A6	Originating Process for an Adoption Order/Convention Adoption Order/Order Authorising A Proposed Foreign Adoption	New/Amended
C1-Flexi	Application for an Order	New/Amended
C2-Flexi	Application for Leave to Commence Proceedings or for an Order or Directions in Existing Family Proceedings or to be Joined as or Cease to be, a Party in Existing Family Proceedings	New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.