EDO STATE FAMILY COURT (CIVIL PROCEDURE)  RULES 2017

EDO STATE FAMILY COURT (CIVIL PROCEDURE) RULES 2017

[PURSUANT TO THE EDO STATE CHILD RIGHTS LAW 2007]

EXPLANATORY MEMORANDUM

RULES OF COURT TO REGULATE PROCEEDING RELATING TO THE RIGHTS ADVANCEMENT AND WELFARE OF THE CHILD UNDER THE EDO STATE CHILD RIGHTS LAW 2007 AND FOR OTHER MATTERS INCIDENTAL THERETO.

ARRANGEMENT OF ORDERS

ORDER 1: PREAMBLE

1.  CITATION AND COMMENCEMENT

2.  INTERPRETATISON OF TERMS

ORDER 2: OVERRIDING OBJECTIVE

1.       Overriding Objective of Giving Protection To The Child

2.       Interest and Welfare of Child Paramount

3.       Dealing with Cases Justly

4.       Application By The Court Of The Overriding Objective.

5.       Court’s Duty To Manage Cases

ORDER 3:  APPLICATION OF THE RULES

1.       Application of the Rules in High Court and Magistrate Court Designated as ‘Family Court’

2.       Courts not designated as ‘Family Court’ excluded

ORDER 4: ALTERNATIVE DISPUTE RESOLUTION: POWERS OF COURT

1.       Scope of this order

2.       When the Court will adjourn proceedings or hearing in proceedings

3.       Power of court to give directions

4.       Timing and method of telling Court if issues are resolve     

ORDER 5: GENERAL CASE MANAGEMENT POWERS

1.       The General Powers of the Court

2.       Court may shorten or extend time for compliance with Rules

3.       Power of Court to make orders subject to conditions

4.       Power of Court to vary or vacate order

5.       Extension of directive power of Court

6.       Power of Court to strikeout applications

7.       Sanctions have effect unless defaulting party obtains relief

8.       General Power of Court to rectify procedural error

ORDER 6: COMMENCEMENT

1.       How to start proceedings

2.       Originating Motion to contain relief sought

3.       Accompanying documents to Originating Motion

4.       Originating Motion to be heard by Family Court Judge and Family Court Chief Magistrate.

5.       Procedure in the Family Court After filing Originating Motion

6.       Hearing date fixed for hearing to be adhered to

ORDER 7: STATEMENT OF TRUTH

1.       Documents to be verified by a statement of truth

2.       Amended statement of case or in answer to be verified by statement of truth.

3.       Definition of statement of truth

4.       Definition of Statement of truth in relation to litigation friend

5.       Who to sign statement of truth

6.       Statement of truth not contained in document to identify document

7.       Persons who may make statement of claim

8.       Application not containing statement of facts need to be verified by statement of truth.

9.       Failure to verify statement of claim.

10.     Failure to verify affidavit of facts

11.   Power of Court to require verification of document

12.     False Statements.

ORDER 8: APPLICATIONS

1.       Application for interim Orders

2.       Contents of affidavit in support

3.       Respondent to file statement of means

4.       Application to be made without notice

5.       Application for financial remedy

6.       Service of application of financial remedy

7.       Separate representation of Children of certain applications

8.       Power of Court to direct a party to provide information

ORDER 9: CHILD’S GUARDIAN

1.       Appointment of a Child’s Guardian

2.       Court’s power to change Child’s Guardian

3.       Coming to end of appointment of Child’s Guardian

ORDER 10: WELFARE REPORT

1.       Request for welfare report of a Child  

ORDER 11: EVIDENCE GENERALLY

1.       Power of Court to control evidence

2.       Evidence of witness: General Rule

3.       Evidence by video link or other means

4.       Affidavit of facts.

5.       Service of affidavits of facts for use at the hearing

6.       Use of affidavit of facts at hearing

7.       Order of cross examinations

8.       Consequence of failure to serve affidavit of facts

9.       Cross examination of an affidavit of facts

10.     Affidavit made outside jurisdiction

11.     Notice to admit facts

12.     Notice to admit or produce documents

13.     Notarial Acts and Instruments

14.     Where a person to be examined is in another state

ORDER 12: EXPERTS AND ASSESSORS

1.       Duty to restrict expert evidence

2.       Meaning of an ‘expert’

3.       Overriding duty of Experts to the Court

4.       Court’s power to restrict expert evidence

5.       Expert evidence to be in a written report

6.       Written questions to experts

7.       Court’s power to direct evidence be given by a single joint expert.

8.       Instructions to a single joint expert

9.       Contents of report

10.     Use by one party of another’s expert report

11.     Discussions between Experts

12.     Expert’s right to ask Court for direction

13.     Assessors

ORDER 13: SPECIAL PROCEEDINGS RELATING TO CHILDREN

1.       Nature of proceedings which this Part apply

2.       Meaning of Emergency Proceedings’

3.       Meaning of ‘Private Law Proceedings’

4.       Meaning of Public Law Proceedings’

ORDER 14: PROCEDURE FOR APLICATIONS IN ADOPTION, FOSTERING AND RELATED PROCEEDINGS

1.       Proceedings which this part applies

2.       Service of Process

3.       Power of Court to make adoption orders

4.       General Restrictions on the Power of Court to grant Adoption orders.

5.       Consents to adoption

6.       Duty of Court in the grant of Adoption orders

7.       Interim orders

8.       Adoption where correction order is in place

9.       Adoption order to be in the form in Schedule 5 to the Child Rights Law.

10.     Effect of Adoption Orders

ORDER 15: APPLICATION BY A PERSON NOT A CITIZEN OF NIGERIA

1.       Court’s power for adoption to be made to family Court only

ORDER 16: JURISDICTION OF COURT

1.       Application for adoption to be made to family Court only

ORDER 17: APPEAL

1.  Appeal of adoption application to lie from Magistrate Court To High Court as Family Court

ORDER 18: MISCELLANEOUS PROVISIONS

1.       Appendix to the Rules to form part of the Rules

2.       Recourse to be made to High Court of Edo State (Civil Procedure) Rules where the need arises.

THE CHILD RIGHTS LAW OF EDO STATE 2007

EDO STATE FAMILY COURT (CIVIL PROECEDURE) RULES 2017

In the exercise of the powers conferred on me by section 158 (1) of the Child Rights Law of Edo state 2007 and all other powers enabling me in that behalf, I, HONOURABLE JUSTICE CROMWELL OSAMWONYI IDAHOSA, the Chief Judge of Edo state, hereby make the following Rules for the procedure that shall be applicable in the Family Court of Edo State.

PREAMBLE

1.       The Child Rights Law as passed by the Edo State House of Assembly and assented to by the Governor of Edo State on the 18th day of May, 2007 to provide for a Law to enforce the rights of the Child, and to amend and consolidate all legislations relating to the protection and welfare of the child, in Edo State and for other purposes incidental there to.

2.       Sections 146 and 147 of the Child Rights Law established for Edo state a court to be known and referred to as the Family Court at the level of the High Court of Edo State and at the levels of Magistrate Court of Edo State for the purpose of hearing matters relating to Children.

3.       Section 158 (1) of the Child Rights Law empowers the Chief Judge of Edo State to make Rule for the procedure that shall be applicable in the Family Court.

4.       The Court shall constantly and conscientiously seek to give effect to the overriding objectives of the Rule at every stage of an action to enforce the rights of the Child.

5.       Parties and their legal representatives shall help the court to further the overriding objectives of the Rules.