Wooden block saying Revision

Mr Justice Peel delivers Standard Orders update

A Standard Orders update has been delivered by Mr Justice Peel this week, actioning the work of the Standard Orders Group which continues to monitor legal and procedural development in family law and ensure the documentation remains up to date. 

Following the last update in May 2024, the latest Standard Orders to be updated relate to both Volume 1 (Financial Remedies Orders) and Volume 2 (Children and Other orders).

For Financial Remedies Orders, Orders 1.1 (Financial Directions Order (longer version)) and 1.2 (Financial Directions order (shorter version)) have been amended to reflect:

  • A new “General” Section gives instructions on the filing of documents by uploading onto the contested portal.
  • References to First Appointment documents are revised to align with the new PD27A and the Financial Remedies Guide.
  • References to Non-Court Dispute Resolution are revised to update provisions on attendance at MIAMs and use of forms FM1 and FM5.
  • Revised wording for statements referable to conduct so as to align with the Financial Remedies Guide.
  • Simplified wording referable to updating financial disclosure.
  • Amended wording referable to listing a Private FDR appointment, so as to align with the Financial Remedies guide.
  • A new provision in respect of staying proceedings for arbitration, so as to require the court to be informed when an arbitral award has been made for the purposes of listing a directions/mention hearing.
  • Revised wording in the “Evidence” sections so as to align with the Financial Remedies Guide.

Orders 2.1 (Financial Remedy Order) and 2.2 (Order under Children Act 1989, Schedule 1) are amended as follows:

  • Revised wording to clarify that (unless otherwise agreed/ordered) child maintenance shall be suspended during a pre-tertiary education gap year and then automatically revived on commencement of tertiary education.
  • Revised wording where one or both parties to a consent order are unrepresented.
  • Revised wording for Order for Sale to clarify previous ambiguities.

Series 5 Orders (Committal Related Orders) are supplemented by new Orders 5.10, 5.11 and 5.12 which relate specifically to Judgment Summons

Children and Other Orders

Private Law

Orders 7.0, 7.1, 7.3 and 7.4 of Series 5 (Private Law Children Orders) are amended as follows:

  • Revised wording for the appointment of a Children’s guardian under FPR 2010 rule 16.4 to reflect the Cafcass 2024 model.
  • References to Non-Court Dispute Resolution are revised to update provisions on attendance at MIAMs and use of Forms FM1 and FM5.
  • Participation directions are retitled and amended to remove duplication.
  • Revised orders in respect of paternity testing, including DNA testing via Cafcass.
  • New wording to reflect the requirement to send s7 orders to Cafcass/the Local Authority.
  • Revised wording for s91(14) orders.
  • Deletion of the section on special measures which are provided for under Participation Directions.

A new Order 7.12 providing for DNA testing through Cafcass.

Public law

Orders 8.0, 8.1, 8.3, 8.4 and 8.5 of Series 8 (Public Law Children Orders) are revised as follows:

  • New provisions where an expert falls outside the LAA rates and hours.
  • Revised case management orders to reflect recent Court of Appeal authority as to the court making threshold findings in the absence of parents filing evidence in response to the threshold document. Under the previous wording, if parents failed to file such evidence, they were “deemed” to accept threshold. Under the new wording, if parents fail to respond. the court may proceed to consider whether the section 31(2) Children Act 1989 threshold criteria are established by reference to the written evidence filed by the local authority.
  • Deletion of the section on special measures which are provided for under Participation Directions.
  • Revised wording for s91(14) orders.
  • New provisions for a schedule of threshold findings to align with the practice in Private Law cases, and to reflect recent Court of Appeal authority to this effect.

A new Order 8.8 for the recovery of a child in Public Law proceedings under s50 of the Children Act 1989.

Part IV Family Law Act 1996 Orders

  • A new short form Non-Molestation Order 10.2 as promulgated by the President on 17 December 2025. Order 10.1, which contains the full suite of all provisions which might apply in a given case, remains unchanged.
  • Previous Orders 10.2 (Occupation Order) and 10.3 (Police Disclosure Order) have been renumbered respectively 10.3 and 10.4.

Child Abduction Orders

  • Order 13.10 has been amended in respect of Cafcass Reports and related provisions.
  • Orders 13.20, 13.21, 13.22 and 13.23 are amended so that “requests” are made to the courts and authorities of other states to “consider” providing assistance, in place of previous wording which referred to orders and obligations on the other state.

Transparency Orders

  • Order 14.2 (Transparency Order) is updated to reflect PD12R which came into force on 27 January 2025, and the work of the Transparency Implementation Group.

Part III, Family Law act 1986 Orders

  • Revised wording in Orders 18.2 and 18.3 to provide that requirements for re-registration by the Registrar General do not apply to children born outside the jurisdiction.

The revised and updated Standard Orders are available to download on the Courts and Judiciary website.

 

This article was originally published on the judiciary.uk website and contains public sector information licensed under the Open Government Licence v3.0.

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