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The Family Proceedings (Amendment No. 2) Rules (Northern Ireland) 2005

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Amendment to the 1996 Rules

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32.  In rule 2.37 (Procedure for complying with Article 44 of the Order of 1978)—

(a)in the heading, after “the Order of 1978” insert “or section 186 of the Act of 2004”;

(b)in paragraph (1), after “the Order of 1978” insert “or section 186(1) of the Act of 2004, as the case may be,”;

(c)in paragraph (2)—

(i)for sub-paragraph (a) substitute—

“(a)there are no children of the family to whom—

(i)in a matrimonial cause, Article 44 of the Order of 1978 applies; or

(ii)in a civil partnership cause, section 186 of the Act of 2004 applies, or”; and

(ii)in sub-paragraph (b), for “any directions under Article 44 of the Order of 1978” substitute “a relevant direction”;

(d)in paragraph (3), for “Article 44 of the Order of 1978” substitute “his power to give a relevant direction”;

(e)in paragraph (4), for “direction under Article 44(2) of the Order of 1978” substitute “relevant direction”; and

(f)for paragraph (5) substitute—

“(5) In this rule—

(a)parties means the petitioner, the respondent and any person who appears to the court to have the care of the child; and

(b)“relevant direction” means a direction—

(i)in a matrimonial cause, under Article 44(2) of the Order of 1978, and

(ii)in a civil partnership cause, under section 186(2) of the Act of 2004.”.

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