Family Procedure rules: changes in England & Wales 2026
New Family Procedure rules are on the way for England and Wales. If you’re a parent, carer, litigant in person, magistrate or practitioner, here’s what actually changes between January and June 2026 and why it matters to day‑to‑day court work.
First, the facts. The Family Procedure (Amendment) Rules 2025 were made on 20 November 2025 and laid before Parliament on 27 November 2025. They take effect in three steps: rules 1 to 3 from 5 January 2026; rule 5 from 2 March 2026; and rule 4 from 1 June 2026. In plain terms, the instrument removes an outdated cross‑reference in rule 16.4, clarifies privacy around parties’ contact details in rule 29.1, and brings decisions by lay justices within the permission‑to‑appeal regime in rule 30.3, adding a requirement to seek permission in the appeal court via the appeal notice. The Explanatory Note says no full impact assessment was produced. Source: legislation.gov.uk.
On privacy, think of rule 29.1 as the rule that protects where you live and how you can be contacted. The rule already lets a party keep a home address and certain contact details off other parties’ papers unless the court says otherwise. The update clarifies that these details are kept confidential to the court and allows you to ask the court to protect your own or another party’s details where that is necessary for safety or fairness. The current rule text is on legislation.gov.uk.
What this means in practice is simple: if revealing an address or phone number could put someone at risk, you can tell the court and provide those details privately. The court holds them and will only reveal them if it specifically directs. Make sure the court has a safe address for service and keep it current so you don’t miss important orders or deadlines.
The appeals change is more than a formality. Right now, permission to appeal generally applies to appeals from district judges and costs judges, and routes of appeal are set out in Practice Direction 30A on justice.gov.uk. From March 2026, if your decision was made by a lay justice (magistrate) or a bench of lay justices, you will need permission to appeal, and you must apply to the appeal court within your appeal notice. Types of decision covered will also be specified in PD30A.
For benches and legal advisers, the key operational tweak is where permission is sought. Parties should not ask the magistrates who made the decision for permission in these cases. They apply straight to the appeal court using the appeal notice. It’s worth updating end‑of‑hearing scripts and written reasons templates so everyone leaves court knowing the correct route.
If you’re acting without a lawyer and want to challenge a magistrates’ decision after March 2026, build in two steps: permission and the appeal itself. You ask the appeal court for permission inside the appeal notice and you must meet the rule 30.4 time limits. PD30A explains which court hears which appeal; checking that first will save time and postage.
One small fix is worth noting if you work with children’s guardians. Rule 16.4 currently refers to rule 8.42, but Chapter 9 of Part 8 (which included rule 8.42) was removed in 2023. The 2025 instrument deletes that outdated cross‑reference. This does not change when a children’s guardian is appointed; it just removes a stray signpost from the rule book. Sources: legislation.gov.uk rule 16.4 and the 2023 amendment.