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New CAP Orders released by the President

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New orders needed as "existing orders were not doing what was required"

  • The President has released a set of overhauled orders to be used under the Child Arrangements Programme.

    They have been in preparation since November 2014 when he asked a team of district judges to review the original orders and approach the task with 

    "a clean sheet and not encumbered by the requirements of PD12B regarding the content of orders."

    The team set out to make the new orders meet 5 purposes. In summary, the changes aim to 

    1. make the orders concise and easy to understand as the primary audience is the parties themselves, who are often unrepresented
    2. reduce the length of the recitals required. This has required an amendment to PD12B
    3. ensure all penal and warning notices are on the front page as per CPR 81.9
    4. encourage greater use of the 'Judicial Template' or if preferred the accompanying tick box forms also being circulated
    5. make sure that practitioners have access to the same orders as the judiciary

    The forms are divided into 3 sections as follows

    • A: Allocation and Gatekeeping
    • B: Case Management Directions and Section 8 and other Orders
    • C;Enforcement

    HMCTS staff are being provided with the full text of the orders to which the tick box forms relate so they can draw the appropriate orders using FamilyMan.  Whichever method is used to produce orders, The President hopes that parties should leave court with a copy of the order made at the hearing whenever possible.  

    You can download the full text of the announcement from the right of his page.

    The Text of the order themselves is available to download here.

Published: 22/01/2016

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