Suspended committal order
Other duties (1) — Crown / regulator
- Court must fix hearing date and give 3 days' notice on further suspension application Tribunal / Court
UK Statutory Instrument
2010
United Kingdom
The Family Procedure Rules 2010
At a glance
What's here
1 compliance obligation
Who this Act binds
Plus 1 non-business duty on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Browse 849 other sections — procedural / definitional / commencement
This glossary is a guide to the meaning of certain...
Scope and interpretation of this Part
Service of an order on the officer for the time being in charge of a police station
Proceedings following arrest ...
Enforcement of an order: requirement for a penal notice
Enforcement of an undertaking
Power to adjourn the hearing for consideration of the penalty
Hospital orders or guardianship orders under the Mental Health Act 1983
Transfer directions under section 48 of the Mental Health Act 1983
Recognizances
Applications for an occupation order or a non-molestation order
Service of the application
Transfer of pending proceedings to another court
Privacy
Service of an order
Representations made by a mortgagee or landlord
Applications to vary, extend or discharge an order
Orders containing provisions to which a power of arrest is attached
The overriding objective
Scope and interpretation
Applications to vary, extend or discharge an order
Orders containing provisions to which a power of arrest is attached
Notifying the police
Application for issue of warrant for arrest
Proceedings following arrest
Enforcement of orders and undertakings
Power to adjourn the hearing for consideration of the penalty
Hospital orders or guardianship orders under the Mental Health Act 1983
Transfer directions under section 48 of the Mental Health Act 1983
Recognizances
Applications
Directions about service
Permission to apply
Service of applications on notice
Transfer of proceedings
Parties
Hearings and service of orders
Orders made by the court of its own initiative
Representations in respect of orders
Application by the court of the overriding objective
Application of this Part
Procedure following refusal of magistrates' court to order transfer
Transfer of proceedings from one court to another court
Directions
Setting dates for hearings and setting or confirming the timetable and date for the final hearing
Attendance at hearings
Steps taken by the parties
Applications without notice
Investigation under section 37 of the 1989 Act
Disclosure of a report under section 14A(8) or (9) of the 1989 Act
Additional evidence
Interpretation
Expert evidence-examination of child
Hearings
Timetable for the proceedings
Application of rules 12.24 to 12.26C
Directions
The Case Management Hearing and the Issues Resolution Hearing
Discussion between advocates
Application for extension of the time limit for disposing of the application
Disapplication of rule 4.1(3)(a) court’s power to extend or shorten the time for compliance with a rule
Extension of time limit: reasons for court’s decision
Matters prescribed for the purposes of the Act
Exclusion requirements: interim care orders and emergency protection orders
Notification of consent
Who the parties are
Proceedings for secure accommodation orders: copies of reports
The First Hearing Dispute Resolution Appointment
Answer
Applications for warning notices or applications to amend enforcement orders by reason of change of residence
Service of a risk assessment
Service of enforcement orders or orders amending or revoking enforcement orders
Where to start proceedings
Child as respondent to wardship proceedings
Registration requirements
Notice of child's whereabouts
Notice of proceedings to person with foreign parental responsibility
Enforcement of orders in wardship proceedings
Child ceasing to be ward of court
Adoption of a child who is a ward of court
Application for a writ of habeas corpus for release in relation to a minor
Application to set aside an inherent jurisdiction order
Scope
Interpretation
Where to start proceedings
Evidence in support of application
Without-notice applications
Directions
Answer
What the court will do when the application has been issued
Filing and serving written evidence
Adjournment
Stay of proceedings upon notification of wrongful removal etc.
Application to set aside a return order under the 1980 Hague Convention
Stay of proceedings where application made under s.16 of the 1985 Act (registration of decisions under the European Convention)
Transfer of proceedings
Revocation and variation of registered decisions
The central index of decisions registered under the 1985 Act
Disclosure of information in proceedings under the European Convention
Interpretation
Procedure under Article 11(6) of the Council Regulation where the court makes a non-return order under Article 13 of the 1980 Hague Convention
Children's guardian, solicitor and reports under section 7 of the 1989 Act
Procedure under Article 11(7) of the Council Regulation where the court receives a non-return order made under Article 13 of the 1980 Hague Convention by a court in another Member State
Transfer of proceedings under ... Article 8 of the 1996 Hague Convention
Application by a party for transfer of the proceedings
Application by a court of ... another Contracting State for transfer of the proceedings
Exercise by the court of its own initiative of powers to seek to transfer the proceedings
Application to High Court to make request under ... Article 9 of the 1996 Hague Convention to request transfer of jurisdiction
Procedure where the court receives a request from the authorities of another ... Contracting State to assume jurisdiction in a matter concerning a child
Service of the court's order or request relating to transfer of jurisdiction under ...the 1996 Hague Convention
Questions as to the court's jurisdiction or whether the proceedings should be stayed
Request for consultation as to contemplated placement of child in England and Wales
What a court officer will do
Request made by court in England and Wales for consultation as to contemplated placement of child in another ... Contracting State
Application for a declaration as to the extent, or existence, of parental responsibility in relation to a child under Article 16 of the 1996 Hague Convention
(1) In this rule— “ child concerned ” means the...
Interpretation
Communication of information: general
Communication of information with permission of the court
Instruction of experts
Communication of information for purposes connected with the proceedings
Service
Request for transfer from magistrates' court to county court or to another magistrates' court
Duty of the parties
Interpretation and application
Where the agreement of the other parent or the woman who carried the child is not required
Agreement
Reports of the parental order reporter and disclosure to the parties
Notice of final hearing
The final hearing
Proof of identity of the child
Disclosing information to an adult who was subject to a parental order
Application for recovery orders
Keeping of registers, custody, inspection and disclosure of documents and information
Documents held by the court not to be inspected or copied without the court's permission
Application of Part 12
Orders
Copies of orders
Amendment and revocation of orders
Who the parties are
Notice of proceedings to person with foreign parental responsibility
What the court or a court officer will do when the application has been issued
Service of the application and other documents
Acknowledgement
Date for first directions hearing
The first directions hearing
Court's duty to manage cases
Application of this Part and interpretation
Consent
Reports by the adoption agency or local authority
Health reports
Confidential reports to the court and disclosure to the parties
Communication of information relating to proceedings
Communication of information with permission of the court
Notice of final hearing
The final hearing
Proof of identity of the child
Disclosing information to an adopted adult
Translation of documents
Assignment of a serial number
Application for recovery orders
Notice to fathers without parental responsibility
Timing of applications for section 89 order
Custody of documents
Documents held by the court not to be inspected or copied without the court's permission
Orders
Copies of orders
Amendment and revocation of orders
Keeping registers in the family proceedings court
Who the parties are
Notice of proceedings to person with foreign parental responsibility
Who is to serve
What the court or a court officer will do when the application has been issued
Date for first directions hearing
The first directions hearing
Requesting the court to dispense with the consent of any parent or guardian
The Welsh language
Application of this Part
Requirement for litigation friend in proceedings
Stage of proceedings at which a litigation friend becomes necessary
Who may be a litigation friend for a protected party without a court order
How a person becomes a litigation friend without a court order
How a person becomes a litigation friend by court order
Court's power to change litigation friend and to prevent person acting as litigation friend
Appointment of litigation friend by court order – supplementary
Procedure where appointment of litigation friend comes to an end
Application of this Part
How a person becomes a litigation friend without a court order
Appointment of litigation friend by the court
Court's power to change litigation friend and to prevent person acting as litigation friend
Appointment of litigation friend by court order – supplementary
Powers and duties of litigation friend
Procedure where appointment of litigation friend comes to an end
Application of this Chapter
Who may be a children's guardian
What the court or a court officer will do once the court has made a decision about appointing a children's guardian
Termination of the appointment of the children's guardian
When the court may make a child a party to proceedings
Powers and duties of the children's guardian
Where the child instructs a solicitor or conducts proceedings on the child's own behalf
Application of this Chapter
Stage of proceedings at which a children's guardian becomes necessary
Appointment of a children's guardian
Court's power to change children's guardian and to prevent person acting as children's guardian
Appointment of children's guardian by court order – supplementary
Powers and duties of children's guardian
Procedure where appointment of children's guardian comes to an end
Solicitor for child
Appointment of a children's guardian in specified proceedings or proceedings to which Part 14 applies
When the court appoints a reporting officer
Appointment of the same reporting officer in respect of two or more parents or guardians
The duties of the reporting officer
Request by court for a welfare report in respect of the child
When the court appoints a parental order reporter
Powers and duties of the parental order reporter
Persons who may not be appointed as children's guardian, reporting officer or children and family reporter
Appointment of the same person as children's guardian, reporting officer and children and family reporter
Officers of the Service, Welsh family proceedings officers and local authority officers acting under certain duties
Application for enforcement orders and financial compensation orders: duties of the person notified
Appointment of a children's guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies
Requirement for a litigation friend
Circumstances in which a child does not need a children's guardian or litigation friend
Application of this Chapter
Stage of proceedings at which a litigation friend becomes necessary
Who may be a litigation friend for a child without a court order
Interpretation
Documents to be verified by a statement of truth
Failure to verify a statement of case
Failure to verify a witness statement
Power of the court to require a document to be verified
False statements
Types of application for which Part 18 procedure may be followed
Service of application notice following court order where application made without notice
Application to set aside or vary order made without notice
Power of the court to proceed in the absence of a party
Dismissal of totally without merit applications
Applications for permission to start proceedings
Respondents to applications under this Part
Application notice to be filed
Notice of an application
Time when an application is made
What an application notice must include
Service of a copy of an application notice
Applications which may be dealt with without a hearing
Types of application for which Part 19 procedure may be followed
Applications for which the Part 19 procedure must be followed
Contents of the application
Issue of application without naming respondents
Acknowledgment of service
Consequence of not filing an acknowledgment of service
Filing and serving written evidence
Evidence – general
Procedure where respondent objects to use of the Part 19 procedure
Scope of this Part
Orders for interim remedies
Time when an order for an interim remedy may be made
How to apply for an interim remedy
Interim injunction to cease if application is stayed
Security for costs
Conditions to be satisfied
Security for costs of an appeal
Application of these Rules
Dates for compliance to be calendar dates and to include time of day
Interpretation
Orders for disclosure against a person not a party
Claim to withhold inspection or disclosure of a document
The glossary
Power of court to control evidence
Consequence of failure to serve witness statement
Cross-examination on a witness statement
Affidavit evidence
Form of affidavit
Affidavit made outside the jurisdiction
Notice to admit facts
Notice to admit or produce documents
Notarial acts and instruments
Scope of this Chapter
Availability of witness statements for inspection during the final hearing
Evidence of witnesses – general rule
Use of witness statements for other purposes
Evidence by video link or other means
Witness statements
Service of witness statements for use at the final hearing
Use at the final hearing of witness statements which have been served
Evidence at hearings other than the final hearing
Order for cross-examination
Witness summaries
Interpretation
Scope and interpretation of this Part
Notice of intention to rely on hearsay evidence
Circumstances in which notice of intention to rely on hearsay evidence is not required
Power to call witness for cross-examination on hearsay evidence
Credibility
Use of plans, photographs and models etc as evidence
Evidence of finding on question of foreign law
Evidence of consent of trustee to act
Note of oral evidence ...
Modification of rules in application to serial numbers etc.
Scope of this Chapter
Use of deposition at a hearing
Restrictions on subsequent use of deposition taken for the purpose of any hearing except the final hearing
Where a person to be examined is out of the jurisdiction – letter of request
Fees and expenses of examiner of the court
Examiners of the court
Interpretation
Where a person to be examined is in another Regulation State
Witness summonses
Issue of a witness summons
Time for serving a witness summons
Who is to serve a witness summons
Right of witness to travelling expenses and compensation for loss of time
Evidence by deposition
Conduct of examination
Enforcing attendance of witness
Power to perform functions conferred on the court by these rules and practice directions
Duty to restrict expert evidence
Written questions to experts
Court’s power to direct that evidence is to be given by a single joint expert
Instructions to a single joint expert
Power of court to direct a party to provide information
Contents of report
Use by one party of expert’s report disclosed by another
Discussions between experts
Expert’s right to ask court for directions
Copies of orders and other documents
Action after final hearing
Interpretation
Assessors
Experts-overriding duty to the court
Control of expert evidence in proceedings other than children proceedings
Further provisions about the court’s power to restrict expert evidence
When to apply for the court’s permission
What an application notice requesting the court’s permission must include
Where permission is granted
General requirement for expert evidence to be given in a written report
Powers of the single justice to perform functions under the 1989 Act, the 1996 Act, the 2002 Act and the Childcare Act 2006
Solicitor acting for a party
Change of solicitor – duty to give notice
Order that a solicitor has ceased to act
Removal of solicitor who has ceased to act on application of another party
Single lay justice: power to refer to the family court
Application of this Part
Hearings in private
Attendance at private hearings
Reasons for a decision : proceedings before a lay justice or justices
Attendance at hearing or directions appointment
Proceedings in the absence of a party
Application to set aside judgment or order following failure to attend
Court bundles and place of filing of documents and bundles
Representation of companies or other corporations
Impounded documents
Recording, transcription and informal notes of proceedings
Court's discretion as to where it deals with cases
Costs
Application of other rules
Costs in financial remedy proceedings
Wasted costs orders in the magistrates' court: appeals
Computation of time
Personal details
Standard requirements
Drawing up and filing of judgments and orders
Access to and inspection of documents retained in court
Service of judgments and orders
Power to require judgment or order to be served on a party as well as the party's solicitor
When judgment or order takes effect
Correction of errors in judgments and orders
Transfer of proceedings
Application for change of area
Allocation of proceedings to another level of judge
Disclosure of information under the 1991 Act
Method of giving notice
Withdrawal of applications in proceedings
The Human Rights Act 1998
Documents in proceedings concerning gender recognition
Stamping or sealing court documents
Applications for relief which is precluded by the 1991 Act
Modification of rule 29.8 where the application is not freestanding
Scope and interpretation
Striking outappeal notices and setting aside or imposing conditions on permission to appeal
Appeal court's powers
Hearing of appeals
Appeal court’s power to order that hearing of appeal be held in public
Assignment of appeals to the Court of Appeal
Reopening of final appeals
Parties to comply with the practice direction
Permission
Appellant's notice
Respondent's notice
Grounds of appeal
Variation of time
Stay
Amendment of appeal notice
In this Part— “allocation” means allocation of proceedings other than...
MIAM exemption not validly claimed or no longer applicable
Scope
Effect of refusal of application for a decision that a judgment should not be recognised
Notification of the court's decision on an application for registration or non-recognition
Effect of registration under rule 31.11
The central index of judgments registered under rule 31.11
Decision on recognition of a judgment only
Appeal against the court's decision under rules 31.10, 31.11 or 31.14
Stay of enforcement where appeal pending in state of origin
Enforcement of judgments registered under rule 31.11
Request for a certificate or a certified copy of a judgment
Certificates issued in England and Wales under Articles 41 and 42 of the Council Regulation
Interpretation
Rectification of certificate issued under Article 41 or 42 of the Council Regulation
Authentic instruments and agreements under Article 46 of the Council Regulation
Application for provisional, including protective measures.
Where to start proceedings
Application for registration, recognition or non-recognition of a judgment
Documents – supplementary
Directions
Recognition and enforcement under the Council Regulation of a judgment given in another Member State relating to rights of access or under Article 11(8) for the return of the child to that State
Registration for enforcement or order for non-recognition of a judgment
Stay of recognition proceedings by reason of an appeal
Scope of this Chapter
Scope and interpretation
Cancellation of registration of Scottish and Northern Irish orders
Payments under a maintenance order registered in the family court
Enforcement
Inspection of register and copies of order
Notices and certificates: section 19(4), 20(1) and 24(5) and (5A) of the 1950 Act
Interpretation
Registration of orders – prescribed period
Application for registration of a maintenance order in the family court – procedure in the High Court
Application for registration of a maintenance order in the family court – procedure in the family court
Registration in the family court of an order registered in the High Court - procedure in the High Court
Registration in the family court of an order registered in the High Court – procedure in the family court
Registration in the High Court of a magistrates' court order
Registration in the High Court of an order registered in a magistrates' court
Variation or discharge of an order registered in the family court – procedure in the High Court
Variation, remission, discharge or cancellation of registration of an order registered in the family court – procedure in the family court
Interpretation
Variation or discharge of an order registered in the High Court
Cancellation of registration – orders registered in the High Court
Cancellation of registration – orders registered in the family court
Notices: payments made through the family court
Method of payment
Variation of method of payment
Notices received from another court or from a person entitled to payments
Interpretation
Prescribed officer and functions of the court
Application for the registration of an order made by the High Court or the family court
Registration of orders made in Scotland, Northern Ireland or a specified dependent territory
Revocation and variation of an order made in the High Court or the family court
Registration of varied, revoked or recalled orders made in Scotland, Northern Ireland or a specified dependent territory
Interim directions
Registration of a High Court order
Staying and dismissal of enforcement proceedings
Particulars of other proceedings
Inspection of register
Court officers and enforcement proceedings
Notice of Variation etc. of a High Court order
Cancellation of registration of a High Court order by the court of registration
Cancellation of registration of a High Court order by the High Court
Application of this Chapter to a family court order
Variation of a family court order: section 22(1) of the 1950 Act
Application to adduce evidence: section 22(5) of the 1950 Act
Registration of Scottish and Northern Irish orders
Application to adduce evidence: sections 21(2) and 22(5) of the 1950 Act
Notice of variation etc. of Scottish and Northern Irish orders
Variation of Scottish and Northern Irish orders by the family court
The court’s duty to consider non-court dispute resolution
Application
Application
Judgment summons
Successive judgment summonses
Order or summons to attend adjourned hearing: requirement for personal service
Committal on application for judgment summons
Expenses
Orders for the benefit of different persons
Hearing of judgment summons
Special provisions as to judgment summonses in the High Court
Special provisions as to judgment summonses in designated county courts
Enforcement by attachment of earnings order
Application of CCR Order 27: enforcement of a maintenance order
Application of the Civil Procedure Rules
Applications to vary existing orders
Section 103 County Courts Act 1984
Application of the CPR
Application of the CPR
Application of the CPR
Application for a charging order, stop order or stop notice
How to apply
Transfer of orders
Enforcement of orders by way of committal
Proceedings in the principal registry treated as pending in a designated county court
Specific modifications of the CCR
Section 118 County Courts Act 1984 and the tipstaff
Interpretation
Timetabling proceedings: encouraging non-court dispute resolution
Scope and interpretation of this Part
Transmission of maintenance orders made in the High Court to a reciprocating country
Inspection of the register in the High Court
Interpretation
Scope
Application for transmission of maintenance order to reciprocating country
Certification of evidence given on provisional orders
Confirmation of a provisional order made in a reciprocating country
Consideration of revocation of a provisional order made by the family court
Notification of variation or revocation of a maintenance order by the High Court or the family court
Notification of confirmation , variation or revocation of a maintenance order by the family court
Meaning of prescribed officer in the family court
Taking of evidence for court in reciprocating country
Request for the taking of evidence by a court in a reciprocating country
Transmission of documents
Method of payment under registered orders
Enforcement of payments under registered orders
Notification of registration and cancellation
Application of Section 1 of this Chapter to the Republic of Ireland
Application of Section 1 of this Chapter to the Hague Convention Countries
Application of Section 1 of this Chapter to the United States of America
Application of this Chapter
Notification of proceedings in a Hague Convention Country or in the United States of America
Interpretation
Dismissal of an application under section 27A of the 1972 Act or application for variation
Application for recovery of maintenance in England and Wales: section 27B of the 1972 Act
Application under section 26(1) or (2) of the 1972 Act and certificate under section 26(3A) of the 1972 Act: registration
Registration of an order: sections 27C(7) and 32(3) and (6) of the 1972 Act
Payments made to the family court
Method of payment
Application under section 34 of the 1972 Act: variation or revocation
Application under section 35 of the 1972 Act: variation or revocation
Request under section 38(1) of the 1972 Act to the family court
Request under section 38(1) of the 1972 Act to the officer of the court
Onward transmission of documents
Interpretation
Application under Article 30 of the Maintenance Regulation or under Article 23 of the 2007 Hague Convention for a declaration of enforceability
Registration of maintenance orders in the family court
Registration of maintenance orders
Appeal from a decision relating to registration
Payment of sums due under a registered order
Enforcement of payments under registered orders
Variation and revocation of registered orders
Registered order: payer residing in an area covered by a different Maintenance Enforcement Business Centre
Cancellation of registered orders
Directions as to stays, documents and translations
International Maintenance Obligations; Communication with the Central Authority for England and Wales
The Maintenance Regulation: applications for enforcement or for refusal or suspension of enforcement
Application in a magistrates' court for a maintenance order, or revocation of a maintenance order, to which the 1982 Act, the Judgments Regulations or the Lugano Convention applies
Admissibility of Documents
Enforcement of orders of the family court
Interpretation
Enforcement of orders of the High Court or the family court
Confirmation of provisional orders made in a reciprocating country
Payment of sums due under registered orders
Collection and enforcement of sums due under registered orders
Prescribed notice for the taking of further evidence
Transmission of maintenance orders made in a reciprocating country to the High Court
Scope of this Chapter
Scope and Interpretation
Relevant disputes: applications for consent orders in respect of financial remedies
Mediation evidence: disclosure and inspection
Mediation evidence: witnesses and depositions
Applications to which the MIAM requirement applies
Transitional provisions
Pilot schemes
Domestic Abuse Act 2021: provision during pilot commencement of Part 3
Temporary modifications for coronavirus or other emergency
Making an application
Scope
Applications to discharge committal orders
Interpretation
How to make a contempt application
Requirements of a contempt application
Service of a contempt application
Cases where no application is made
Directions for hearing of contempt proceedings
Hearings and judgments in contempt proceedings
Powers of the court in contempt proceedings
Circumstances in which the MIAM requirement does not apply (MIAM exemptions ...)
Scope and interpretation
When an application for an Article 14 certificate may be made
The court to which an application for an Article 14 certificate must be made
Application for adjustment under Article 11
Notification of the adjustment under Article 11
Application for refusal of recognition or enforcement under Article 13
Application under Article 14(2)
Application for an Article 5 certificate
The court to which an application for an Article 5 certificate must be made
When a request for a translation of an Article 5 certificate may be made
The court to which a request for translation of an Article 5 certificate must be made
Service requirements under Article 6
Notification of the certificate under Article 8
Rectification of an Article 5 certificate
Withdrawal of an Article 5 certificate
Conduct of MIAMs
Application of this Part
Enforcement under section 23(1) of the 1971 Act
Costs
Contents and service of the order
Application to determine whether particular payments are earnings
Notice that an order has ceased to have effect
Variation and discharge by the court of its own initiative
Change of Designated Family Judge area
Exercise of power to obtain statement of earnings etc.
Offences
Interpretation of this Part
Permission to enforce arrears
Where an application is made to the High Court under...
Search of court records
Where to apply
Application for an attachment of earnings order
Service and reply
Notice to the debtor’s employer
Attachment of earnings order
Failure by debtor
Interpretation
Application for directions under this Part
Procedure where the court makes directions of its own initiative
Functions of officers of the Service and Welsh family proceedings officers
Prohibition of cross-examination in person under Part 4B of the 1984 Act
Application of provisions in this Part
Court’s duty to consider making participation directions: victims of domestic abuse
Court’s duty to consider vulnerability of other parties or witnesses
Court’s duty to consider how a party can participate in the proceedings
Court’s duty to consider how a party or a witness can give evidence
Protected parties
What the court must have regard to
Measures
When the duties of the court apply and recording reasons for decisions made under this Part
Application of this Part
Interpretation
Application for a stop order
Stop order relating to securities
Variation or discharge of order
General
Request for a stop notice
Effect of a stop notice
Amendment of a stop notice
Withdrawal of a stop notice
Discharge or variation of a stop notice
Interpretation of this Part
Practice Direction
Scope of this Chapter
Application for a charging order
Interim charging order
Service of an interim charging order
Effect of interim charging order in relation to securities
Further consideration of the application
Discharge or variation of order
The court's general powers of management
Provision for proceeding by electronic means
Court officer's power to refer to the court
Court's power to make order of its own initiative
Power to strike out a statement of case
Sanctions have effect unless defaulting party obtains relief
Relief from sanctions
General power of the court to rectify matters where there has been an error of procedure
Power of the court to make civil restraint orders
Forms
Documents to be attached to a form
Proceedings are started by issue of application form
Where to start proceedings
Filing documents with and sending documents to the court by e-mail
Documents in the Welsh language
Communications with the court
Provision in relation to bulk scanning of documents
Application
Part 6 rules about service apply generally
Where to serve the application – general provisions
Service of the application on a solicitor within the jurisdiction ...
Service of the application where the respondent gives an address at which the respondent may be served
Service of the application where the respondent does not give an address at which the respondent may be served
Service of the application on children and protected parties
Deemed service – receipt of acknowledgment of service
Deemed service by post or alternative service where no acknowledgment of service filed
Proof of personal service where no acknowledgment of service filed
Proof of service by the court etc.
Service of the application by an alternative method or at an alternative place
Interpretation
Power of the court to dispense with service of the application
Notification of failure of postal service by the court
Notification of failure of email service by the court
Notice of non-service by bailiff
Method of service
Service on a person where there are reasonable grounds to believe that person is residing in a refuge
Who is to serve
Personal service
Address for service
Change of address for service
Service of an application form commencing proceedings on children and protected parties
Service of other documents on or by children and protected parties where a litigation friend has been or will be appointed
Interpretation
Service on or by children where a children's guardian has been or will be appointed under rule 16.4
Service on or by children where a children's guardian has been appointed under rule 16.3
Supplementary provisions relating to service on children and protected parties
Supplementary provision relating to service on children
Deemed service
Service by an alternative method or at an alternative place
Power to dispense with service
Certificate of service
Notification of outcome of service by the court
Notification of non-service by bailiff
Methods of service
Scope and interpretation
Permission to serve not required
Time for serving an application for a matrimonial or civil partnership order out of the jurisdiction
Extension of time for serving the application for a matrimonial or civil partnership order
Period for acknowledging service or responding to application where application is served out of the jurisdiction
Method of service – general provisions
Service in accordance with the Service Regulation
Service through foreign governments, judicial authorities and British Consular authorities
Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
Translation of application form or other document
Undertaking to be responsible for expenses of the Foreign and Commonwealth Office
Who is to serve the application
Time for serving an application by the applicant
Extension of time for serving the application
Personal service
Email service
Service of application by the court
Service by the bailiff
Application and interpretation
What the court will do on an application for a conditional order, a judicial separation or a separation order
What the court must do for the case management hearing
How the respondent can make an application
References to respondents
Case management hearing
Amendment of application and answer
Further information about the contents of the application and the answer
What the court must do for the case management hearing
Applications to prevent conditional orders being made final
Making conditional orders final by giving notice
Who the parties are
Applications to make conditional orders final
What the court officer must do when a conditional order is made final
Applications under section 10(2) of 1973 Act or section 48(2) of 2004 Act
Orders under section 10A(2) of the 1973 Act
Respondent to nullity application
Supplemental applications
Nullity: interim and full gender recognition certificates
Nullity: filing an answer
Nullity – inspection of certificate of entitlement
Medical examinations in proceedings for nullity of a marriage of an opposite sex couple
Statement of reconciliation
General rule – hearing to be in public
Notice of hearing
Further provisions about costs
Stay of proceedings
The circumstances in which an order may be set aside (rescission)
Records of decrees absolute and final orders
Limitation on applications in respect of same marriage or civil partnership
Service of application
Withdrawal of application before service
What the respondent must do on receiving the application
Amending an application
Applications for conditional order
Procedure
Acknowledgment of service
Hearings may be in private
Scope of this Chapter
Procedure
Where to start proceedings
Mortgagees as parties
Injunctions
Application of other rules
Scope of this Chapter
Where to start proceedings
Scope of this Chapter
Who the parties are
The role of the Attorney General
Declarations of parentage
Scope of this Chapter
How to start proceedings
Application without notice
Notification of hearing date
Hearings to be in private unless the court directs otherwise
Direction that application be dealt with by a district judge of the principal registry
Scope of this Chapter
Where to start proceedings
Where to start proceedings
Service of the application
Who the parties are
Orders for disclosure
Injunctions
Scope of this Chapter
Interpretation
Where to start proceedings
Who the parties are
Service of the application
Who the parties are
Applications without notice
Scope of this Chapter
Child acting without a children's guardian
Who the respondents are
Delivery of copy certificate to Secretary of State
Scope of this Chapter
Where to start proceedings
Who the parties are
Representative parties
Application
Application by parent, guardian etc for financial remedy in respect of children
Children to be separately represented on certain applications
Duties of the court and the applicant upon issuing an application
Service of application on mortgagees, trustees etc
Procedure before the first appointment
Duties of the court at the first appointment
After the first appointment
The FDR appointment
Duties of the court and the applicant upon filing an application
Request for change of procedure
Procedure before the first hearing
Application of Magistrates' Courts Rules 1981
Consideration of the application at the first hearing
Who the respondent is on an application under section 20 or section 20A of the 1978 Act or Part 6 of Schedule 6 to the 2004 Act
Duty to make entries in the court’s register
Application for a maintenance order, or revocation of a maintenance order to which the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies
Duty to make entries in the court's register
Power to order delivery up of possession etc.
Where proceedings may be heard
Applications for consent orders for financial remedy
Questions as to the court’s jurisdiction or whether the proceedings should be stayed
International Maintenance Obligations: Communication with the Central Authority for England and Wales
Adding or removing parties
Method of making periodical payments
Court officer to notify subsequent marriage or formation of civil partnership of a person entitled to payments under a maintenance order
Enforcement and apportionment where periodical payments are made under more than one order
Estimates of Costs
Duty to make open proposals after a FDR appointment or where there has been no FDR appointment
Duty to make open proposals before a final hearing
Application and interpretation of this Chapter
Interpretation
What the party with pension rights must do when the court fixes a first appointment
Applications for pension sharing orders
Applications for consent orders for pension sharing
Applications for pension attachment orders
Applications for consent orders for pension attachment
Pension sharing orders or pension attachment orders
Duty of the court upon making a pension sharing order or a pension attachment order
Procedure where Pension Protection Fund becomes involved with the pension scheme
Application and interpretation of this Chapter
What the party with compensation rights must do when the court fixes a first appointment
When an Application for a financial order may be made
Applications for pension compensation sharing orders
Applications for consent orders for pension compensation sharing
Applications for pension compensation attachment orders
Applications for consent orders for pension compensation attachment
Pension compensation sharing orders or pension compensation attachment orders
Duty of the court upon making a pension compensation sharing order or a pension compensation attachment order
Communication of information: Practice Direction 9B
Where to start proceedings
Application for an order preventing a disposition
Application for interim orders
Application for periodical payments order at same rate as an order for maintenance pending suit
Application for periodical payments order at same rate as an order for maintenance pending outcome of proceedings
Application to set aside a financial remedy order
Standard and fast-track procedures for financial remedy proceedings
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