Practice Directions
District Judge's Direction: Children-conciliation (12 March 2004)
12 March 2004
1 The conciliation scheme which is in operation in the Principal Registry of the Family Division is to be extended as from 22nd March 2004. As from that date the scheme will be as follows:
2.1 All applications for orders under section 8 of the Children Act 1989 (residence, contact, specific issue or prohibited steps orders) or to vary or discharge such orders will, upon issue, be listed in the conciliation list;
2.2 All applications for an order under section 13 of the Children Act 1989 (leave to cause a child to be known by a new surname or to remove the child from the United Kingdom) or to vary or discharge such an order will, upon issue, be listed in the conciliation list;
2.3 When the District Judge gives a direction under rule 2.39(3)(c) of the Family Proceedings Rules 1991 (compliance with s 41 of the Matrimonial Causes Act 1973), the case will, unless otherwise directed, be listed in the conciliation list.
2.4 The District Judge may refer a summons for wardship to an appointment in
the conciliation list, where orders under section 8 of the Children Act 1989 are sought. This would normally be done at the first appointment.
3 Cases may be excluded or removed from the conciliation list and listed otherwise if a District Judge so directs. Applications for such a direction will usually be made to the District Judge of the Day but opposed applications will be listed in the normal way.
4.1 Subject to operational requirements, there will be 5 conciliation lists each week, 2 on Monday and Tuesday and one on Wednesday. The District Judge will be attended by an Officer of the Children and Family Court Advisory and Support Service ("CAFCASS").
4.2 It is essential that both parties and any legal advisers having conduct of the case attend the appointment. The nature of the application and matters in dispute will be outlined to the District Judge and the CAFCASS Officer. The conciliation appointment will be conducted with a view to the parties reaching an agreement and, if appropriate, discussion away from the courtroom will be facilitated. Conciliation is a legally privileged occasion. All the discussions will be privileged and will not be disclosed on any subsequent hearing (other than at a further conciliation appointment) or upon any later application.
4.3 The party who has living with him or her any child aged 9 or over to whom the
conciliation appointment relates, must (unless excused by the direction of a District Judge) bring that child to the appointment to be seen by the CAFCASS officer. When a child of 9 or over attends, any younger child to whom the application relates may also attend.
4.4 Any application to adjourn a conciliation appointment must be made to a District Judge.
4.5 If agreement is reached the District Judge will make such orders, if any, as may be appropriate but if no agreement can be reached disposing of the application, then the District Judge will give directions (including timetabling) with a view to the early hearing and disposal of the application.
4.6 The District Judge and the CAFCASS Officer will not be further involved in any further application or proceedings between the parties, other than further conciliation appointments or similar privileged hearings.
4.7 Where there has been a referral as described in paragraph 2.3 and the conciliation appointment has been concluded, the District Judge will give an appropriate direction in relation to section 41 of the Matrimonial Causes Act 1973.
5 Urgent applications. Urgent applications made without notice will continue to be heard by the District Judge of the Day. The District Judge of the Day will determine whether the application or any subsequent hearing requires to be listed in the conciliation list.
6 The Practice Direction of the 18th October 1991 shall cease to apply as from the 22nd March 2004 save in respect of proceedings pending on that day.
7 Issued with the approval of the President.
Philip Waller
Senior District Judge