The Family Procedure (Amendment) Rules 2025
- Department: Ministry of Justice
- Made under: Courts Act 2003
The Family Procedure Rule Committee amended the Family Procedure Rules 2010, revised rules on guardian appointments, restricted personal detail disclosure only to the court, and mandated that appeals against lay justice decisions go directly to the appeal court, with rules commenced between January and June 2026.
The Family Procedure (Amendment) Rules 2025, made by the Family Procedure Rule Committee under the Courts Act 2003, amend the existing Family Procedure Rules 2010 with changes taking effect across three dates in 2026; key amendments include removing an outdated cross-reference related to children’s guardians, clarifying the scope of confidentiality for personal details to the court, broadening who can have their details protected, and establishing a requirement that permission to appeal decisions made by lay justices or specified types of decisions must be sought directly from the appeal court.
Arguments For
Streamlining obsolete references by removing a withdrawn rule cross-reference in Rule 16.4.
Enhancing clarity and protection regarding personal details confidentiality by ensuring details are only withheld from parties other than the court, and allowing parties to request confidentiality for others' details.
Standardizing the appeals process for decisions made by lay justices by requiring permission to be sought directly from the appeal court, increasing procedural consistency in appellate jurisdiction.
Arguments Against
The staggered commencement dates (January, March, and June 2026) for different rules could cause temporary confusion regarding which procedural rules are active at any given time.
Introducing new procedural requirements for appeals against lay justice decisions might add an extra administrative step for litigants in those specific cases.
Modifying rules regarding personal details confidentiality could introduce complexities if interpreted incorrectly regarding consent or necessity for disclosure within the judicial process.
The Family Procedure Rule Committee makes these Rules in exercise of the powers conferred by sections 75 and 76(8) of the Courts Act 2003 , having fulfilled the requirements of section 79(1) of that Act.
The Family Procedure Rule Committee formally created these Rules using the legal authority granted by sections 75 and 76(8) of the Courts Act 2003.
The Committee confirms that it met the prerequisite procedural obligations outlined in section 79(1) of that same Act.
Citation, extent and commencement 1. (1) These Rules may be cited as the Family Procedure (Amendment) Rules 2025.
Rule 1 establishes the official name under which these Rules are known, citing them as the Family Procedure (Amendment) Rules 2025.
(2) These Rules extend to England and Wales.
The territorial scope of these procedural Rules covers both England and Wales.
(3) These Rules come into force as follows— (a) this rule and rules 2 and 3 come into force on 5th January 2026; (b) rule 5 comes into force on 2nd March 2026; and (c) rule 4 comes into force on 1st June 2026.
This sub-rule specifies the staggered dates when different parts of the Rules become legally effective. Rule 1 (citation), Rule 2 (amendment scope), and Rule 3 (amendment to rule 16.4) begin on January 5, 2026.
Rule 5 (amendment to rule 30.3) begins later on March 2, 2026, while Rule 4 (amendment to rule 29.1) comes into effect last on June 1, 2026.
Amendment of the Family Procedure Rules 2010 2. The Family Procedure Rules 2010 are amended in accordance with rules 3 to 5 of these Rules.
Rule 2 confirms that the Family Procedure Rules 2010 are subsequently modified by the specific changes detailed in Rules 3, 4, and 5 of the current instrument.
Amendment of rule 16.4 3. In rule 16.4 (appointment of a children’s guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies), in paragraph (1) omit “8.42 or”.
Rule 3 amends Rule 16.4 of the existing rules, which deals with appointing a children’s guardian in non-specified proceedings.
The amendment removes the specific reference to "8.42 or" from paragraph (1) because that specific sub-rule has previously been omitted from the main rules.
Amendment of rule 29.1 4. In rule 29.1 (personal details), in paragraph (1)— (a) after “reveal” insert “to anyone other than the court”; and (b) in sub-paragraph (a) for “the party’s” substitute “their own, or another party’s”.
Rule 4 modifies Rule 29.1 concerning the handling of personal details.
Sub-paragraph (a) clarifies that confidential details must only be withheld "to anyone other than the court." Sub-paragraph (b) changes the wording so that a party can indicate confidentiality for either 'their own' contact details or 'another party’s' contact details.
Amendment of rule 30.3 5. In rule 30.3 (permission)— (a) in paragraph (1B)(a) for “or costs judge” substitute “, costs judge, a lay justice or a bench of lay justices”; and (b) in paragraph (3) for “An” substitute “Subject to paragraph (3A), an”; and (c) after paragraph (3) insert— “(3A) Where an application for permission to appeal is against a decision— (a) made by a lay justice or a bench of lay justices; or (b) of a type specified for the purposes of this rule in Practice Direction 30A, the application for permission to appeal must be made to the appeal court in an appeal notice.”.
Rule 5 amends Rule 30.3 regarding permission requirements for appeals.
Sub-paragraph (a) expands the list of individuals whose decisions require permission, adding 'a lay justice or a bench of lay justices' alongside a costs judge.
Sub-paragraph (b) introduces a qualification to the general statement in paragraph (3) by referencing the new paragraph (3A).
Sub-paragraph (c) inserts new paragraph (3A), which mandates that applications for permission against decisions made by a lay justice, a bench of lay justices, or specific decision types listed in Practice Direction 30A, must be directed to the appeal court using an appeal notice, rather than the originating court.
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