VOLUME
1 |
RULES AND PRACTICE
DIRECTIONS |
Practice Direction - Practice Directions relating to Family
Proceedings in force before 6th April 2011 which support the Family Procedure
Rules 2010 |
|
|
PART 1 |
OVERRIDING
OBJECTIVE |
Rule
1.1 |
The overriding
objective |
Rule 1.2 |
Application by the court of the overriding
objective |
Rule 1.3 |
Duty of the parties |
Rule 1.4 |
Court's duty to
manage cases |
|
PART 2 |
APPLICATION AND
INTERPRETATION OF THE RULES |
Rule 2.1 |
Application of
these Rules |
Rule 2.2 |
The glossary |
Rule
2.3 |
Interpretation |
Rule 2.4 |
Modification of
rules in application to serial numbers etc. |
Rule 2.5 |
Power to perform
functions conferred on the court by these rules and practice
directions |
Rule 2.6 |
Powers of the single justice to perform functions under the
1989 Act, the 1996 Act, the 2002 Act and the Childcare Act
2006 |
Rule 2.7 |
Single justice's power to refer to a magistrates'
court |
Rule 2.8 |
Court's discretion as to where it deals with
cases |
Rule 2.9 |
Computation of time |
Rule
2.10 |
Dates for compliance to be calendar
dates and to include time of day |
|
PRACTICE
DIRECTION: |
|
A. FUNCTIONS OF THE COURT IN
THE FAMILY PROCEDURE RULES 2010 AND PRACTICE DIRECTIONS WHICH MAY BE PERFORMED
BY A SINGLE JUSTICE OF THE
PEACE |
|
PART 3 |
ALTERNATIVE DISPUTE
RESOLUTION: THE COURT'S POWERS |
Rule 3.1 |
Scope of this
Part |
Rule 3.2 |
Court's duty to consider alternative dispute
resolution |
Rule 3.3 |
When the court will adjourn proceedings or a hearing in
proceedings |
|
PRACTICE
DIRECTION: |
|
A. PRE-APPLICATION PROTOCOL
FOR MEDIATION INFORMATION AND
ASSESSMENT |
|
PART 4 |
GENERAL CASE
MANAGEMENT POWERS |
Rule
4.1 |
The court's general powers of
management |
Rule 4.2 |
Court officer's power to refer to the
court |
Rule 4.3 |
Court's power to make order of its own
initiative |
Rule 4.4 |
Power to strike out a statement of case |
Rule 4.5 |
Sanctions have
effect unless defaulting party obtains relief |
Rule 4.6 |
Relief from
sanctions |
Rule 4.7 |
General power of the court to rectify matters where there
has been an error of procedure |
Rule
4.8 |
Power of the court to make civil
restraint orders |
|
PRACTICE
DIRECTIONS: |
|
A. STRIKING OUT A STATEMENT
OF CASE |
|
B. CIVIL RESTRAINT
ORDERS |
|
PART 5 |
FORMS AND START OF
PROCEEDINGS |
Rule
5.1 |
Forms |
Rule 5.2 |
Documents to be
attached to a form |
Rule
5.3 |
Proceedings are started by issue of
application form |
|
PRACTICE
DIRECTION: |
|
A.
FORMS |
|
PART 6 |
SERVICE |
|
|
|
I SCOPE OF
THIS PART AND INTERPRETATION |
Rule 6.1 |
Part 6 rules
about service apply generally |
Rule
6.2 |
Interpretation |
|
|
|
II SERVICE OF THE APPLICATION FOR A MATRIMONIAL ORDER OR
CIVIL PARTNERSHIP ORDER IN THE JURISDICTION |
Rule 6.3 |
Interpretation |
Rule
6.4 |
Methods of service |
Rule 6.5 |
Who is to serve
the application |
Rule 6.6 |
Every respondent to be served |
Rule 6.7 |
Personal
service |
Rule 6.8 |
Service of application by the court |
Rule 6.9 |
Service by the
bailiff |
Rule 6.10 |
Where to serve the application – general
provisions |
Rule 6.11 |
Service of the application on a solicitor within the
jurisdiction or in any EEA state |
Rule
6.12 |
Service of the application where the
respondent gives an address at which the respondent may be
served |
Rule 6.13 |
Service of the application where the respondent does not
give an address at which the respondent may be served |
Rule 6.14 |
Service of the
application on children and protected parties |
Rule 6.15 |
Deemed service
– receipt of acknowledgment of service |
Rule 6.16 |
Deemed service
by post or alternative service where no acknowledgment of service
filed |
Rule 6.17 |
Proof of personal service where no acknowledgment of service
filed |
Rule 6.18 |
Proof of service by the court etc. |
Rule 6.19 |
Service of the
application by an alternative method or at an alternative place
|
Rule 6.20 |
Power of the court to dispense with service of the
application |
Rule 6.21 |
Notification of failure of service by the
court |
Rule 6.22 |
Notice of non-service by
bailiff |
|
|
|
III SERVICE OF
DOCUMENTS OTHER THAN AN APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL
PARTNERSHIP ORDER IN THE UNITED KINGDOM |
Rule 6.23 |
Method of
service |
Rule 6.24 |
Who is to serve |
Rule
6.25 |
Personal service |
Rule 6.26 |
Address for
service |
Rule 6.27 |
Change of address for service |
Rule 6.28 |
Service of an
application form commencing proceedings on children and protected
parties |
Rule 6.29 |
Service of other documents on or by children and protected
parties where a litigation friend has been or will be
appointed |
Rule 6.30 |
Service on or by children where a children's guardian has
been or will be appointed under rule 16.4 |
Rule 6.31 |
Service on or
by children where a children's guardian has been appointed under rule 16.3
|
Rule 6.32 |
Supplementary provisions relating to service on children and
protected parties |
Rule
6.33 |
Supplementary provision relating to
service on children |
Rule
6.34 |
Deemed service |
Rule 6.35 |
Service by an
alternative method or at an alternative place |
Rule 6.36 |
Power to
dispense with service |
Rule
6.37 |
Certificate of
service |
Rule 6.38 |
Notification of outcome of service by the
court |
Rule 6.39 |
Notification of non-service by
bailiff |
|
|
|
IV SERVICE OUT
OF THE JURISDICTION |
Rule
6.40 |
Scope and
interpretation |
Rule 6.41 |
Permission to serve not required |
Rule 6.42 |
Period for
acknowledging service or responding to application where application is served
out of the jurisdiction |
Rule
6.43 |
Method of service – general
provisions |
Rule 6.44 |
Service in accordance with the Service
Regulation |
Rule 6.45 |
Service through foreign governments, judicial authorities
and British Consular authorities |
Rule
6.46 |
Procedure where service is to be
through foreign governments, judicial authorities and British Consular
authorities |
Rule 6.47 |
Translation of application form or other
document |
Rule 6.48 |
Undertaking to be responsible for expenses of the Foreign
and Commonwealth Office |
|
PRACTICE
DIRECTIONS: |
|
A. SERVICE WITHIN THE
JURISDICTION |
|
B. SERVICE OUT OF THE
JURISDICTION |
|
C. DISCLOSURE OF ADDRESSES
BY GOVERNMENT DEPARTMENTS |
|
PART 7 |
PROCEDURE FOR APPLICATIONS IN MATRIMONIAL AND CIVIL
PARTNERSHIP PROCEEDINGS |
|
|
|
I APPLICATION
AND INTERPRETATION |
Rule
7.1 |
Application and
interpretation |
Rule 7.2 |
District Registries |
Rule
7.3 |
Principal Registry |
Rule 7.4 |
References to
respondents |
|
|
|
II RULES
ABOUT STARTING AND RESPONDING TO PROCEEDINGS |
Rule 7.5 |
Starting proceedings |
Rule 7.6 |
Statement of
reconciliation |
Rule 7.7 |
Limitation on applications in respect of same marriage or
civil partnership |
Rule
7.8 |
Service of
application |
Rule 7.9 |
Withdrawal of application before
service |
Rule 7.10 |
Who the parties are |
Rule
7.11 |
Nullity: Interim and full gender
recognition certificates |
Rule
7.12 |
What the respondent and co-respondent
should do on receiving the application |
Rule 7.13 |
Amendments to the application
and the answer |
Rule
7.14 |
How the respondent can make an
application |
Rule 7.15 |
Further information about the contents of the application
and the answer |
|
|
|
III HOW
THE COURT DETERMINES MATRIMONIAL AND CIVIL PARTNERSHIP
PROCEEDINGS |
Rule
7.16 |
General rule – hearing to be in
public |
Rule 7.17 |
Exercise of jurisdiction in cases heard at place other than
the court in which the case is proceeding |
Rule 7.18 |
Notice of
hearing |
Rule 7.19 |
Applications for a decree nisi or a conditional
order |
Rule 7.20 |
What the court will do on an application for a decree nisi,
a conditional order, a decree of judicial separation or a separation
order |
Rule 7.21 |
Further provisions about costs |
Rule 7.22 |
What the court
must do for the case management hearing |
Rule 7.23 |
Where
proceedings under this Part may be heard |
Rule 7.24 |
The circumstances in which
proceedings may be transferred between courts |
Rule 7.25 |
The procedure
for complying with section 41 of 1973 Act or section 63 of 2004
Act |
Rule 7.26 |
Medical examinations in proceedings for nullity of
marriage |
Rule 7.27 |
Stay of proceedings |
|
|
|
IV COURT ORDERS |
Rule 7.28 |
The
circumstances in which an order may be set aside (rescission)
|
Rule 7.29 |
Applications under section 10(2) of 1973 Act or section
48(2) of 2004 Act |
Rule
7.30 |
Orders under section 10A(2) of the
1973 Act |
Rule 7.31 |
Applications to prevent decrees nisi being made absolute or
conditional orders being made final |
Rule
7.32 |
Making decrees nisi absolute or
conditional orders final by giving notice |
Rule 7.33 |
Applications to
make decrees nisi absolute or conditional orders final |
Rule 7.34 |
What the court
officer must do when a decree nisi is made absolute |
Rule 7.35 |
What the court
officer must do when a conditional order is made final |
Rule 7.36 |
Records of
decrees absolute and final orders |
|
PRACTICE DIRECTIONS: |
|
A. PROCEDURE FOR APPLICATIONS IN MATRIMONIAL AND CIVIL
PARTNERSHIP PROCEEDINGS |
|
B. MEDICAL
EXAMINATIONS ON APPLICATIONS FOR ANNULMENT OF A MARRIAGE |
|
C. POLYGAMOUS MARRIAGES |
|
D. THE GENDER RECOGNITION ACT
2004 |
|
PART 8 |
PROCEDURE FOR
MISCELLANEOUS APPLICATIONS |
|
|
|
I
PROCEDURE |
Rule
8.1 |
Procedure |
|
|
|
II APPLICATION FOR CORRECTED GENDER
RECOGNITION CERTIFICATE |
Rule 8.2 |
Scope of this
Chapter |
Rule 8.3 |
Where to start proceedings |
Rule 8.4 |
Who the parties
are |
Rule 8.5 |
Delivery of copy certificate to Secretary of
State |
|
|
|
III APPLICATION
FOR ALTERATION OF MAINTENANCE AGREEMENT AFTER DEATH OF ONE
PARTY |
Rule
8.6 |
Scope of this
Chapter |
Rule 8.7 |
Where to start proceedings |
Rule 8.8 |
Who the parties
are |
Rule 8.9 |
Representative parties |
Rule 8.10 |
Acknowledgment
of service |
Rule 8.11 |
Hearings may be in
private |
|
|
|
IV APPLICATION
FOR QUESTION AS TO PROPERTY TO BE DECIDED IN SUMMARY WAY |
Rule 8.12 |
Scope of this Chapter |
Rule 8.13 |
Procedure |
Rule
8.14 |
Where to start
proceedings |
Rule 8.15 |
Mortgagees as parties |
Rule 8.16 |
Injunctions |
Rule
8.17 |
Application of other
rules |
|
|
|
V
DECLARATIONS |
Rule
8.18 |
Scope of this
Chapter |
Rule 8.19 |
Where to start proceedings |
Rule 8.20 |
Who the parties
are |
Rule 8.21 |
The role of the Attorney General |
Rule 8.22 |
Declarations of
parentage |
|
|
|
VI
APPLICATION FOR PERMISSION TO APPLY FOR A FINANCIAL REMEDY AFTER OVERSEAS
PROCEEDINGS |
Rule
8.23 |
Scope of this
Chapter |
Rule 8.24 |
Where and how to start proceedings |
Rule 8.25 |
Application to
be made without notice |
Rule
8.26 |
Notification of hearing
date |
Rule 8.27 |
Hearings to be in private unless the court directs
otherwise |
Rule 8.28 |
Direction that application be dealt with by a district judge
of the principal registry |
|
|
|
VII APPLICATION FOR THE TRANSFER OF A TENANCY UNDER SECTION
53 OF, AND SCHEDULE 7 TO, THE 1996 ACT |
Rule 8.29 |
Scope of this
Chapter |
Rule 8.30 |
Where to start proceedings |
Rule 8.31 |
Service of the
application |
Rule 8.32 |
Who the parties are |
Rule
8.33 |
Orders for
disclosure |
Rule 8.34 |
Injunctions |
|
|
|
VIII APPLICATIONS FOR ORDERS PREVENTING AVOIDANCE UNDER
SECTION 32L OF THE CHILD SUPPORT ACT 1991 |
Rule 8.35 |
Scope of this
Chapter |
Rule 8.36 |
Interpretation |
Rule
8.37 |
Where to start
proceedings |
Rule 8.38 |
Who the parties are |
Rule
8.39 |
Service of the
application |
Rule 8.40 |
Applications without
notice |
|
|
|
IX APPLICATION
FOR CONSENT TO MARRIAGE OF A CHILD OR TO REGISTRATION OF CIVIL PARTNERSHIP OF A
CHILD |
Rule
8.41 |
Scope of this
Chapter |
Rule 8.42 |
Child acting without a children's
guardian |
Rule 8.43 |
Who the respondents
are |
|
PART 9 |
APPLICATIONS FOR A
FINANCIAL REMEDY |
|
|
|
I APPLICATION AND
INTERPRETATION |
Rule
9.1 |
Application |
Rule 9.2 |
Application of
Magistrates' Courts Rules 1981 |
Rule
9.3 |
Interpretation |
|
|
|
II PROCEDURE FOR APPLICATIONS |
Rule 9.4 |
When an Application for a financial order may be
made |
Rule 9.5 |
Where to start proceedings |
Rule 9.6 |
Application for
an order preventing a disposition |
Rule
9.7 |
Application for interim
orders |
Rule 9.8 |
Application for periodical payments order at same rate as an
order for maintenance pending suit |
Rule
9.9 |
Application for periodical payments
order at same rate as an order for maintenance pending outcome of
proceedings |
|
|
|
III
APPLICATIONS FOR FINANCIAL REMEDIES FOR CHILDREN |
Rule 9.10 |
Application by parent, guardian etc for financial remedy in
respect of children |
Rule
9.11 |
Children to be separately represented
on certain applications |
|
|
|
IV PROCEDURE IN THE HIGH COURT AND COUNTY COURT AFTER
FILING AN APPLICATION |
Rule 9.12 |
Duties of the court and the
applicant upon issuing an application |
Rule 9.13 |
Service of
application on mortgagees, trustees etc |
Rule 9.14 |
Procedure before
the first appointment |
Rule
9.15 |
Duties of the court at the first
appointment |
Rule 9.16 |
After the first appointment |
Rule 9.17 |
The FDR
appointment |
|
|
|
V
PROCEDURE IN THE MAGISTRATES' COURT AFTER FILING AN
APPLICATION |
Rule
9.18 |
Duties of the court and the
applicant upon filing an application |
Rule
9.19 |
Procedure before the first
hearing |
Rule 9.20 |
Power of the court to direct filing of evidence and set
dates for further hearings |
Rule
9.21 |
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 |
Rule
9.22 |
Proceedings by or against a person
outside England and Wales for orders under section 20 of the 1978 Act or
paragraphs 30 to 34 of Schedule 6 to the 2004 Act other than proceedings for
variation of orders |
Rule
9.23 |
Duty to make entries in the court's
register |
|
|
|
VI GENERAL
PROCEDURE |
Rule
9.24 |
Power to order delivery up of
possession etc. |
Rule
9.25 |
Where proceedings may be
heard |
Rule 9.26 |
Applications for consent orders for financial
remedy |
|
|
|
VII ESTIMATES
OF COSTS |
Rule
9.27 |
Estimates of
Costs |
Rule 9.28 |
Duty to make open
proposals |
|
|
|
VIII
PENSIONS |
Rule
9.29 |
Application and interpretation of
this Chapter |
Rule 9.30 |
What the party with pension rights must do when the court
fixes a first appointment |
Rule
9.31 |
Applications for pension sharing
orders |
Rule 9.32 |
Applications for consent orders for pension
sharing |
Rule 9.33 |
Applications for pension attachment
orders |
Rule 9.34 |
Applications for consent orders for pension
attachment |
Rule 9.35 |
Pension sharing orders or pension attachment
orders |
Rule 9.36 |
Duty of the court upon making a pension sharing order or a
pension attachment order |
Rule
9.37 |
Procedure where Pension Protection
Fund becomes involved with the pension
scheme |
|
|
|
IX PENSION
PROTECTION FUND COMPENSATION |
Rule 9.38 |
Application
and interpretation of this Chapter |
Rule
9.39 |
What the party with compensation
rights must do when the court fixes a first appointment |
Rule 9.40 |
Applications for
pension compensation sharing orders |
Rule
9.41 |
Applications for consent orders for
pension compensation sharing |
Rule
9.42 |
Applications for pension compensation
attachment orders |
Rule
9.43 |
Applications for consent orders for
pension compensation attachment |
Rule
9.44 |
Pension compensation sharing orders
or pension compensation attachment orders |
Rule 9.45 |
Duty of the
court upon making a pension compensation sharing order or a pension
compensation attachment order |
|
PRACTICE
DIRECTION: |
|
A. APPLICATION FOR A FINANCIAL
REMEDY |
|
PART 10 |
APPLICATIONS UNDER
PART 4 OF THE FAMILY LAW ACT 1996 |
Rule 10.1 |
Scope and
interpretation of this Part |
Rule
10.2 |
Applications for an occupation order
or a non-molestation order |
Rule
10.3 |
Service of the
application |
Rule 10.4 |
Transfer of pending proceedings to another
court |
Rule 10.5 |
Privacy |
Rule
10.6 |
Service of an
order |
Rule 10.7 |
Representations made by a mortgagee or
landlord |
Rule 10.8 |
Applications to vary, extend or discharge an
order |
Rule 10.9 |
Orders containing provisions to which a power of arrest is
attached |
Rule 10.10 |
Service of an order on the officer for the time being in
charge of a police station |
Rule
10.11 |
Proceedings following arrest in a
county court or the High Court |
Rule
10.12 |
Enforcement of an order in a county
court |
Rule 10.13 |
Enforcement of an undertaking in a county
court |
Rule 10.14 |
Power to adjourn the hearing for consideration of the
penalty |
Rule 10.15 |
Hospital orders or guardianship orders under the Mental
Health Act 1983 |
Rule
10.16 |
Transfer directions under section 48
of the Mental Health Act 1983 |
Rule
10.17 |
Recognizances |
|
PRACTICE DIRECTION: |
|
A.
PART 4 OF THE FAMILY LAW ACT
1996 |
|
PART 11 |
APPLICATIONS UNDER
PART 4A OF THE FAMILY LAW ACT 1996 |
Rule 11.1 |
Scope and
interpretation |
Rule 11.2 |
Applications |
Rule
11.3 |
Permission to
apply |
Rule 11.4 |
Service of applications on notice |
Rule 11.5 |
Transfer of
proceedings |
Rule 11.6 |
Parties |
Rule
11.7 |
Hearings and service of
orders |
Rule 11.8 |
Orders made by the court of its own
initiative |
Rule 11.9 |
Representations in respect of orders |
Rule 11.10 |
Applications to
vary, extend or discharge an order |
Rule
11.11 |
Orders containing provisions to which
a power of arrest is attached |
Rule
11.12 |
Service where order contains a power
of arrest |
Rule 11.13 |
Application for issue of warrant for
arrest |
Rule 11.14 |
Proceedings following arrest |
Rule 11.15 |
Enforcement of
orders |
Rule 11.16 |
Power to adjourn the hearing for consideration of the
penalty |
Rule 11.17 |
Hospital orders or guardianship orders under the Mental
Health Act 1983 |
Rule 11.18
|
Transfer directions under section 48 of
the Mental Health Act 1983 |
Rule
11.19 |
Recognizances |
|
PART 12 |
PROCEEDINGS RELATING TO CHILDREN EXCEPT PARENTAL ORDER
PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED
PROCEEDINGS |
|
|
|
I INTERPRETATION AND
APPLICATION OF THIS PART |
Rule 12.1 |
Application
of this Part |
Rule 12.2 |
Interpretation |
|
|
|
II GENERAL RULES |
Rule 12.3 |
Who the
parties are |
Rule 12.4 |
Notice of proceedings to person with foreign parental
responsibility |
Rule 12.5 |
What the court will do when the application has been
issued |
Rule 12.6 |
Children's guardian, solicitor and reports under section 7
of the 1989 Act |
Rule
12.7 |
What a court officer will do
|
Rule 12.8 |
Service of the application |
Rule 12.9 |
Request for
transfer from magistrates' court to county court or to another magistrates'
court |
Rule 12.10 |
Procedure following refusal of magistrates' court to order
transfer |
Rule 12.11 |
Transfer of proceedings from one court to another
court |
Rule 12.12 |
Directions |
Rule
12.13 |
Setting dates for hearings and
setting or confirming the timetable and date for the final
hearing |
Rule 12.14 |
Attendance at hearings |
Rule 12.15 |
Steps taken by the
parties |
Rule 12.16 |
Applications without notice |
Rule 12.17 |
Investigation
under section 37 of the 1989 Act |
Rule
12.18 |
Disclosure of a report under section
14A(8) or (9) of the 1989 Act |
Rule
12.19 |
Additional evidence
|
Rule 12.20 |
Expert evidence-examination of child |
Rule 12.21 |
Hearings |
|
|
|
III SPECIAL PROVISIONS ABOUT PUBLIC LAW
PROCEEDINGS |
Rule
12.22 |
Application of rules 12.23 to
12.26 |
Rule 12.23 |
Timetable for the Child |
Rule 12.24 |
Directions |
Rule
12.25 |
First Appointment, Case Management
Conference and Issues Resolution Hearing |
Rule 12.26 |
Discussion between
advocates |
Rule 12.27 |
Matters prescribed for the purposes of the
Act |
Rule 12.28 |
Exclusion requirements: interim care orders and emergency
protection orders |
Rule
12.29 |
Notification of
consent |
Rule 12.30 |
Proceedings for secure accommodation orders: copies of
reports |
|
|
|
IV SPECIAL
PROVISIONS ABOUT PRIVATE LAW PROCEEDINGS |
Rule 12.31 |
The First
Hearing Dispute Resolution Appointment |
Rule 12.32 |
Answer |
Rule
12.33 |
Applications for warning notices or
applications to amend enforcement orders by reason of change of
residence |
Rule 12.34 |
Service of a risk assessment |
Rule 12.35 |
Service of
enforcement orders or orders amending or revoking enforcement
orders |
|
|
|
V SPECIAL
PROVISIONS ABOUT INHERENT JURISDICTION PROCEEDINGS |
Rule 12.36 |
Where to start proceedings |
Rule 12.37 |
Child as
respondent to wardship proceedings |
Rule
12.38 |
Registration
requirements |
Rule 12.39 |
Notice of child's whereabouts |
Rule 12.40 |
Enforcement of
orders in wardship proceedings |
Rule
12.41 |
Child ceasing to be ward of
court |
Rule 12.42 |
Adoption of a child who is a ward of
court |
|
|
|
VI PROCEEDINGS
UNDER THE 1980 HAGUE CONVENTION, THE EUROPEAN CONVENTION, THE COUNCIL
REGULATION, AND THE 1996 HAGUE CONVENTION |
Rule 12.43 |
Scope |
|
|
|
Section 1
Proceedings under the 1980 Hague Convention or the European
Convention |
Rule
12.44 |
Interpretation |
Rule 12.45 |
Where to start
proceedings |
Rule 12.46 |
Evidence in support of application |
Rule 12.47 |
Without-notice
applications |
Rule 12.48 |
Directions |
Rule
12.49 |
Answer |
Rule 12.50 |
Filing and
serving written evidence |
Rule
12.51 |
Adjournment |
Rule 12.52 |
Stay of
proceedings upon notification of wrongful removal etc. |
Rule 12.53 |
Stay of
proceedings where application made under s.16 of the 1985 Act (registration of
decisions under the European Convention) |
Rule 12.54 |
Transfer of
proceedings |
Rule 12.55 |
Revocation and variation of registered
decisions |
Rule 12.56 |
The central index of decisions registered under the 1985
Act |
Rule 12.57 |
Disclosure of information in proceedings under the European
Convention |
|
|
|
Section 2
Applications relating to the Council Regulation and the 1996 Hague Convention
|
Rule
12.58 |
Interpretation |
Rule 12.59 |
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 |
Rule 12.60 |
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 |
Rule 12.61 |
Transfer of proceedings under Article 15 of the Council
Regulation or under Article 8 of the 1996 Hague Convention |
Rule 12.62 |
Application by
a party for transfer of the proceedings |
Rule 12.63 |
Application by
a court of another Member State or another Contracting State for transfer of
the proceedings |
Rule
12.64 |
Exercise by the court of its own
initiative of powers to seek to transfer the proceedings |
Rule 12.65 |
Application to
High Court to make request under Article 15 of the Council Regulation or
Article 9 of the 1996 Hague Convention to request transfer of
jurisdiction |
Rule 12.66 |
Procedure where the court receives a request from the
authorities of another Member State or Contracting State to assume jurisdiction
in a matter concerning a child |
Rule
12.67 |
Service of the court's order or
request relating to transfer of jurisdiction under the Council Regulation or
the 1996 Hague Convention |
Rule
12.68 |
Questions as to the court's
jurisdiction or whether the proceedings should be stayed |
Rule 12.69 |
Request for
consultation as to contemplated placement of child in England and
Wales |
Rule 12.70 |
Request made by court in England and Wales for consultation
as to contemplated placement of child in another Member State or Contracting
State |
Rule 12.71 |
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 |
|
|
|
VII COMMUNICATION OF INFORMATION: PROCEEDINGS RELATING TO
CHILDREN |
Rule
12.72 |
Interpretation |
Rule 12.73 |
Communication
of information: general |
Rule
12.74 |
Instruction of
experts |
Rule 12.75 |
Communication of information for purposes connected with the
proceedings |
|
PRACTICE
DIRECTIONS: |
|
A. PUBLIC LAW PROCEEDINGS
GUIDE TO CASE MANAGEMENT: APRIL 2010 |
|
B.
THE REVISED PRIVATE LAW PROGRAMME |
|
C.
SERVICE OF APPLICATION IN CERTAIN PROCEEDINGS RELATING TO
CHILDREN |
|
D. INHERENT JURISDICTION
(INCLUDING WARDSHIP) PROCEEDINGS |
|
E.
URGENT BUSINESS |
|
F. INTERNATIONAL CHILD
ABDUCTION |
|
G. COMMUNICATION OF
INFORMATION |
|
H. CONTRIBUTION
ORDERS |
|
I. APPLICATIONS FOR REPORTING
RESTRICTION ORDERS |
|
J. RESIDENCE AND
CONTACT ORDERS: DOMESTIC VIOLENCE AND HARM |
|
K. CHILDREN ACT 1989: EXCLUSION
REQUIREMENT |
|
L. CHILDREN ACT 1989: RISK
ASSESSMENTS UNDER SECTION 16A |
|
M. FAMILY
ASSISTANCE ORDERS: CONSULTATION |
|
N.
ENFORCEMENT OF CHILDREN ACT 1989 CONTACT ORDERS: DISCLOSURE OF INFORMATION TO
OFFICERS OF THE NATIONAL PROBATION SERVICE |
|
O. CHILD: ARRIVAL BY AIR |
|
P. REMOVAL FROM JURISDICTION: ISSUE OF
PASSPORTS |
|
PART 13 |
PROCEEDINGS UNDER
SECTION 54 OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT
2008 |
Rule
13.1 |
Interpretation and application
|
Rule 13.2 |
Application of Part 12 |
Rule 13.3 |
Who the parties
are |
Rule 13.4 |
Notice of proceedings to person with foreign parental
responsibility |
Rule 13.5 |
What the court or a court officer will do when the
application has been issued |
Rule
13.6 |
Service of the application and other
documents |
Rule 13.7 |
Acknowledgement |
Rule
13.8 |
Date for first directions
hearing |
Rule 13.9 |
The first directions hearing |
Rule 13.10 |
Where the
agreement of the other parent or the woman who carried the child is not
required |
Rule 13.11 |
Agreement |
Rule
13.12 |
Reports of the parental order
reporter and disclosure to the parties |
Rule 13.13 |
Notice of final hearing
|
Rule 13.14 |
The final hearing |
Rule
13.15 |
Proof of identity of the
child |
Rule 13.16 |
Disclosing information to an adult who was subject to a
parental order |
Rule
13.17 |
Application for recovery
orders |
Rule 13.18 |
Keeping of registers, custody, inspection and disclosure of
documents and information |
Rule
13.19 |
Documents held by the court not to be
inspected or copied without the court's permission |
Rule 13.20 |
Orders |
Rule
13.21 |
Copies of orders
|
Rule 13.22 |
Amendment and revocation of
orders |
|
PART 14 |
PROCEDURE FOR
APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS |
Rule 14.1 |
Application of this Part and
interpretation |
Rule 14.2 |
Application for a serial number |
Rule 14.3 |
Who the parties
are |
Rule 14.4 |
Notice of proceedings to person with foreign parental
responsibility |
Rule 14.5 |
Who is to serve |
Rule
14.6 |
What the court or a court officer will
do when the application has been issued |
Rule 14.7 |
Date for first
directions hearing |
Rule
14.8 |
The first directions
hearing |
Rule 14.9 |
Requesting the court to dispense with the consent of any
parent or guardian |
Rule
14.10 |
Consent |
Rule 14.11 |
Reports by the
adoption agency or local authority |
Rule
14.12 |
Health reports |
Rule 14.13 |
Confidential
reports to the court and disclosure to the parties |
Rule 14.14 |
Communication
of information relating to proceedings |
Rule
14.15 |
Notice of final
hearing |
Rule 14.16 |
The final hearing |
Rule
14.17 |
Proof of identity of the
child |
Rule 14.18 |
Disclosing information to an adopted
adult |
Rule 14.19 |
Translation of documents |
Rule 14.20 |
Application for
recovery orders |
Rule
14.21 |
Inherent jurisdiction and fathers
without parental responsibility |
Rule
14.22 |
Timing of applications for section 89
order |
Rule 14.23 |
Custody of documents |
Rule 14.24 |
Documents held
by the court not to be inspected or copied without the court's
permission |
Rule 14.25 |
Orders |
Rule
14.26 |
Copies of orders |
Rule 14.27 |
Amendment and
revocation of orders |
Rule
14.28 |
Keeping registers in the family
proceedings court |
|
PRACTICE
DIRECTIONS: |
|
A. WHO RECEIVES A COPY OF THE
APPLICATION FORM FOR ORDERS IN PROCEEDINGS |
|
B. THE FIRST DIRECTIONS HEARING – ADOPTIONS WITH A FOREIGN
ELEMENT |
|
C. REPORTS BY THE ADOPTION AGENCY
OR LOCAL AUTHORITY |
|
D. REPORTS BY A
REGISTERED MEDICAL PRACTITIONER (‘HEALTH REPORTS’) |
|
E. COMMUNICATION OF INFORMATION RELATING TO
PROCEEDINGS |
|
F. DISCLOSING INFORMATION TO
AN ADOPTED ADULT |
|
PART 15 |
REPRESENTATION OF PROTECTED PARTIES |
Rule 15.1 |
Application of this Part |
Rule 15.2 |
Requirement for
litigation friend in proceedings |
Rule
15.3 |
Stage of proceedings at which a
litigation friend becomes necessary |
Rule
15.4 |
Who may be a litigation friend for a
protected party without a court order |
Rule
15.5 |
How a person becomes a litigation
friend without a court order |
Rule
15.6 |
How a person becomes a litigation
friend by court order |
Rule
15.7 |
Court's power to change litigation
friend and to prevent person acting as litigation friend |
Rule 15.8 |
Appointment of
litigation friend by court order – supplementary |
Rule 15.9 |
Procedure where
appointment of litigation friend comes to an end |
|
PRACTICE DIRECTION: |
|
A.
PROTECTED PARTIES |
|
PART 16 |
REPRESENTATION OF CHILDREN AND REPORTS IN PROCEEDINGS
INVOLVING CHILDREN |
|
|
|
I APPLICATION OF
THIS PART |
Rule
16.1 |
Application of this
Part |
|
|
|
II CHILD AS
PARTY IN FAMILY PROCEEDINGS |
Rule 16.2 |
When the
court may make a child a party to proceedings |
|
|
|
III WHEN A CHILDREN'S GUARDIAN OR
LITIGATION FRIEND WILL BE APPOINTED |
Rule 16.3 |
Appointment of a
children's guardian in specified proceedings or proceedings to which Part 14
applies |
Rule 16.4 |
Appointment of a children's guardian in proceedings not
being specified proceedings or proceedings to which Part 14
applies |
Rule 16.5 |
Requirement for a litigation
friend |
|
|
|
IV WHERE A
CHILDREN'S GUARDIAN OR LITIGATION FRIEND IS NOT REQUIRED |
Rule 16.6 |
Circumstances in which a child does not need a children's
guardian or litigation friend |
|
|
|
V LITIGATION FRIEND |
Rule 16.7 |
Application
of this Chapter |
Rule
16.8 |
Stage of proceedings at which a
litigation friend becomes necessary |
Rule
16.9 |
Who may be a litigation friend for a
child without a court order |
Rule
16.10 |
How a person becomes a litigation
friend without a court order |
Rule
16.11 |
Appointment of litigation friend by
the court |
Rule 16.12 |
Court's power to change litigation friend and to prevent
person acting as litigation friend |
Rule
16.13 |
Appointment of litigation friend by
court order – supplementary |
Rule
16.14 |
Powers and duties of litigation
friend |
Rule 16.15 |
Procedure where appointment of litigation friend comes to
an end |
|
|
|
VI CHILDREN'S
GUARDIAN APPOINTED UNDER RULE 16.3 |
Rule 16.16 |
Application
of this Chapter |
Rule
16.17 |
Who may be a children's
guardian |
Rule 16.18 |
What the court or a court officer will do once the court has
made a decision about appointing a children's guardian |
Rule 16.19 |
Termination of
the appointment of the children's guardian |
Rule 16.20 |
Powers and duties of the
children's guardian |
Rule
16.21 |
Where the child instructs a solicitor
or conducts proceedings on the child's own
behalf |
|
|
|
VII CHILDREN'S
GUARDIAN APPOINTED UNDER RULE 16.4 |
Rule 16.22 |
Application
of this Chapter |
Rule
16.23 |
Stage of proceedings at which a
children's guardian becomes necessary |
Rule
16.24 |
Appointment of a children's
guardian |
Rule 16.25 |
Court's power to change children's guardian and to prevent
person acting as children's guardian |
Rule
16.26 |
Appointment of children's guardian
by court order – supplementary |
Rule
16.27 |
Powers and duties of children's
guardian |
Rule 16.28 |
Procedure where appointment of children's guardian comes to
an end |
|
|
|
VIII DUTIES OF
SOLICITOR ACTING FOR THE CHILD |
Rule 16.29 |
Solicitor
for child |
|
|
|
IX
REPORTING OFFICER |
Rule
16.30 |
When the court appoints a reporting
officer |
Rule 16.31 |
Appointment of the same reporting officer in respect of two
or more parents or guardians |
Rule
16.32 |
The duties of the reporting
officer |
|
|
|
X CHILDREN AND
FAMILY REPORTER AND WELFARE OFFICER |
Rule 16.33 |
Request by
court for a welfare report in respect of the child |
|
|
|
XI PARENTAL ORDER
REPORTER |
Rule
16.34 |
When the court appoints a parental
order reporter |
Rule
16.35 |
Powers and duties of the parental
order reporter |
|
|
|
XII
SUPPLEMENTARY APPOINTMENT PROVISIONS |
Rule 16.36 |
Persons who
may not be appointed as children's guardian, reporting officer or children and
family reporter |
Rule
16.37 |
Appointment of the same person as
children's guardian, reporting officer and children and family
reporter |
|
|
|
XIII OFFICERS
OF THE SERVICE, WELSH FAMILY PROCEEDINGS OFFICERS AND LOCAL AUTHORITY OFFICERS:
FURTHER DUTIES |
Rule
16.38 |
Officers of the Service, Welsh
family proceedings officers and local authority officers acting under certain
duties |
|
|
|
XIV
ENFORCEMENT ORDERS AND FINANCIAL COMPENSATION ORDERS: PERSONS
NOTIFIED |
Rule
16.39 |
Application for enforcement orders
and financial compensation orders: duties of the person
notified |
|
PRACTICE
DIRECTION: |
|
A. REPRESENTATION OF
CHILDREN |
|
PART 17 |
STATEMENTS OF
TRUTH |
Rule
17.1 |
Interpretation |
Rule 17.2 |
Documents to
be verified by a statement of truth |
Rule
17.3 |
Failure to verify a statement of
case |
Rule 17.4 |
Failure to verify a witness statement |
Rule 17.5 |
Power of the
court to require a document to be verified |
Rule 17.6 |
False
statements |
|
PRACTICE
DIRECTION: |
|
A. STATEMENTS OF
TRUTH |
|
PART 18 |
PROCEDURE FOR OTHER
APPLICATIONS IN PROCEEDINGS |
Rule 18.1 |
Types of
application for which Part 18 procedure may be followed |
Rule 18.2 |
Applications for
permission to start proceedings |
Rule
18.3 |
Respondents to applications under this
Part |
Rule 18.4 |
Application notice to be filed |
Rule 18.5 |
Notice of an
application |
Rule 18.6 |
Time when an application is made |
Rule 18.7 |
What an
application notice must include |
Rule
18.8 |
Service of a copy of an application
notice |
Rule 18.9 |
Applications which may be dealt with without a
hearing |
Rule 18.10 |
Service of application notice following court order where
application made without notice |
Rule
18.11 |
Application to set aside or vary
order made without notice |
Rule
18.12 |
Power of the court to proceed in the
absence of a party |
Rule
18.13 |
Dismissal of totally without merit
applications |
|
PRACTICE
DIRECTION: |
|
A. OTHER APPLICATIONS IN
PROCEEDINGS |
|
PART 19 |
ALTERNATIVE
PROCEDURE FOR APPLICATIONS |
Rule 19.1 |
Types of
application for which Part 19 procedure may be followed |
Rule 19.2 |
Applications
for which the Part 19 procedure must be followed |
Rule 19.3 |
Contents of
the application |
Rule
19.4 |
Issue of application without naming
respondents |
Rule 19.5 |
Acknowledgment of service |
Rule 19.6 |
Consequence
of not filing an acknowledgment of service |
Rule 19.7 |
Filing and
serving written evidence |
Rule
19.8 |
Evidence –
general |
Rule 19.9 |
Procedure where respondent objects to use of the Part 19
procedure |
|
PRACTICE
DIRECTION: |
|
A. ALTERNATIVE PROCEDURE FOR
APPLICATIONS |
|
PART 20 |
INTERIM REMEDIES AND
SECURITY FOR COSTS |
|
|
|
I INTERIM
REMEDIES |
Rule
20.1 |
Scope of this
Part |
Rule 20.2 |
Orders for interim remedies |
Rule 20.3 |
Time when an
order for an interim remedy may be made |
Rule 20.4 |
How to apply for an interim
remedy |
Rule 20.5 |
Interim injunction to cease if application is
stayed |
|
|
|
II SECURITY
FOR COSTS |
Rule
20.6 |
Security for
costs |
Rule 20.7 |
Conditions to be satisfied |
Rule 20.8 |
Security for
costs of an appeal |
|
PRACTICE
DIRECTION: |
|
A. INTERIM
REMEDIES |
|
PART 21 |
MISCELLANEOUS RULES
ABOUT DISCLOSURE AND INSPECTION OF DOCUMENTS |
Rule 21.1 |
Interpretation |
Rule
21.2 |
Orders for disclosure against a person
not a party |
Rule 21.3 |
Claim to withhold inspection or disclosure of a
document |
|
PRACTICE
DIRECTION: |
|
A. DISCLOSURE AND
INSPECTION |
|
PART 22 |
EVIDENCE |
|
|
|
I GENERAL
RULES |
Rule
22.1 |
Power of court to control
evidence |
Rule 22.2 |
Evidence of witnesses – general rule |
Rule 22.3 |
Evidence by
video link or other means |
Rule
22.4 |
Witness statements |
Rule 22.5 |
Service of
witness statements for use at the final hearing |
Rule 22.6 |
Use at the
final hearing of witness statements which have been served |
Rule 22.7 |
Evidence at
hearings other than the final hearing |
Rule
22.8 |
Order for
cross-examination |
Rule
22.9 |
Witness
summaries |
Rule 22.10 |
Consequence of failure to serve witness
statement |
Rule 22.11 |
Cross-examination on a witness statement |
Rule 22.12 |
Affidavit
evidence |
Rule 22.13 |
Form of affidavit |
Rule 22.14 |
Affidavit made outside the
jurisdiction |
Rule 22.15 |
Notice to admit facts |
Rule 22.16 |
Notice to admit or produce
documents |
Rule 22.17 |
Notarial acts and
instruments |
|
|
|
II RULES
APPLYING ONLY TO PARTICULAR PROCEEDINGS |
Rule 22.18 |
Scope of
this Chapter |
Rule 22.19 |
Availability of witness statements for inspection during the
final hearing |
Rule 22.20 |
Use of witness statements for other
purposes |
|
PRACTICE
DIRECTION: |
|
A. WRITTEN
EVIDENCE |
|
PART 23 |
MISCELLANEOUS RULES
ABOUT EVIDENCE |
Rule
23.1 |
Scope and interpretation of this
Part |
Rule 23.2 |
Notice of intention to rely on hearsay
evidence |
Rule 23.3 |
Circumstances in which notice of intention to rely on
hearsay evidence is not required |
Rule
23.4 |
Power to call witness for
cross-examination on hearsay evidence |
Rule
23.5 |
Credibility |
Rule 23.6 |
Use of plans,
photographs and models etc as evidence |
Rule 23.7 |
Evidence of finding on question
of foreign law |
Rule 23.8 |
Evidence of consent of trustee to act |
Rule 23.9 |
Note of oral
evidence in magistrates'
courts |
|
PART 24 |
WITNESSES,
DEPOSITIONS GENERALLY AND TAKING OF EVIDENCE IN MEMBER STATES OF THE EUROPEAN
UNION |
|
|
|
I WITNESSES AND
DEPOSITIONS |
Rule
24.1 |
Scope of this
Chapter |
Rule 24.2 |
Witness summonses |
Rule
24.3 |
Issue of a witness
summons |
Rule 24.4 |
Time for serving a witness summons |
Rule 24.5 |
Who is to
serve a witness summons |
Rule
24.6 |
Right of witness to travelling
expenses and compensation for loss of time |
Rule 24.7 |
Evidence by
deposition |
Rule 24.8 |
Conduct of examination |
Rule 24.9 |
Enforcing attendance of
witness |
Rule 24.10 |
Use of deposition at a hearing |
Rule 24.11 |
Restrictions
on subsequent use of deposition taken for the purpose of any hearing except the
final hearing |
Rule 24.12 |
Where a person to be examined is out of the jurisdiction –
letter of request |
Rule
24.13 |
Fees and expenses of examiner of
the court |
Rule 24.14 |
Examiners of the court |
|
|
|
II TAKING OF EVIDENCE – MEMBER STATES OF THE EUROPEAN
UNION |
Rule
24.15 |
Interpretation |
Rule 24.16 |
Where a person
to be examined is in another Regulation State |
|
PRACTICE DIRECTION: |
|
A.
WITNESSES, DEPOSITIONS AND TAKING OF EVIDENCE IN MEMBER STATES OF THE EUROPEAN
UNION |
|
PART 25 |
EXPERTS AND
ASSESSORS |
Rule
25.1 |
Duty to restrict expert
evidence |
Rule 25.2 |
Interpretation |
Rule
25.3 |
Experts – overriding duty to the
court |
Rule 25.4 |
Court's power to restrict expert
evidence |
Rule 25.5 |
General requirement for expert evidence to be given in a
written report |
Rule 25.6 |
Written questions to experts |
Rule 25.7 |
Court's power
to direct that evidence is to be given by a single joint
expert |
Rule 25.8 |
Instructions to a single joint expert |
Rule 25.9 |
Power of court
to direct a party to provide information |
Rule 25.10 |
Contents of
report |
Rule 25.11 |
Use by one party of expert's report disclosed by
another |
Rule 25.12 |
Discussions between experts |
Rule 25.13 |
Expert's
right to ask court for directions |
Rule
25.14 |
Assessors |
|
PRACTICE DIRECTION: |
|
A.
EXPERTS AND ASSESSORS IN FAMILY
PROCEEDINGS |
|
PART 26 |
CHANGE OF
SOLICITOR |
Rule
26.1 |
Solicitor acting for a
party |
Rule 26.2 |
Change of solicitor – duty to give
notice |
Rule 26.3 |
Order that a solicitor has ceased to act |
Rule 26.4 |
Removal of
solicitor who has ceased to act on application of another
party |
|
PRACTICE
DIRECTION: |
|
A. CHANGE OF
SOLICITOR |
|
PART 27 |
HEARINGS AND
DIRECTIONS APPOINTMENTS |
Rule 27.1 |
Application of this
Part |
Rule 27.2 |
Reasons for a decision of the magistrates'
courts |
Rule 27.3 |
Attendance at hearing or directions
appointment |
Rule 27.4 |
Proceedings in the absence of a party |
Rule 27.5 |
Application
to set aside judgment or order following failure to attend |
Rule 27.6 |
Court bundles
and place of filing of documents and bundles |
Rule 27.7 |
Representation
of companies or other corporations |
Rule
27.8 |
Impounded
documents |
Rule 27.9 |
Official shorthand note etc of
proceedings |
Rule 27.10 |
Hearings in private |
Rule 27.11 |
Attendance at private
hearings |
|
PRACTICE
DIRECTIONS: |
|
A. FAMILY PROCEEDINGS : COURT
BUNDLES (UNIVERSAL PRACTICE TO BE APPLIED IN ALL COURTS OTHER THAN THE FAMILY
PROCEEDINGS COURT) |
|
B. ATTENDANCE OF MEDIA
REPRESENTATIVES AT HEARINGS IN FAMILY PROCEEDINGS |
|
C. ATTENDANCE OF MEDIA REPRESENTATIVES AT HEARINGS IN FAMILY
PROCEEDINGS |
|
PART 28 |
COSTS |
Rule 28.1 |
Costs |
Rule 28.2 |
Application of
other rules |
Rule 28.3 |
Costs in financial remedy proceedings |
Rule 28.4 |
Wasted costs
orders in the magistrates' court: appeals |
|
PRACTICE DIRECTION: |
|
A.
COSTS |
|
PART 29 |
MISCELLANEOUS |
Rule 29.1 |
Personal
details |
Rule 29.2 |
Disclosure of information under the 1991
Act |
Rule 29.3 |
Method of giving notice |
Rule 29.4 |
Withdrawal of applications in
proceedings |
Rule 29.5 |
The Human Rights Act 1998 |
Rule 29.6 |
Documents in
proceedings concerning gender recognition |
Rule 29.7 |
Stamping or sealing court
documents |
Rule 29.8 |
Applications for relief which is precluded by the 1991
Act |
Rule 29.9 |
Modification of rule 29.8 where the application is not
freestanding |
Rule 29.10 |
Standard requirements |
Rule 29.11 |
Drawing up and filing of
judgments and orders |
Rule
29.12 |
Copies of orders made in open
court |
Rule 29.13 |
Service of judgments and orders |
Rule 29.14 |
Power to
require judgment or order to be served on a party as well as the party's
solicitor |
Rule 29.15 |
When judgment or order takes effect |
Rule 29.16 |
Correction of
errors in judgments and orders |
|
PRACTICE
DIRECTIONS: |
|
A. HUMAN RIGHTS, JOINING THE
CROWN |
|
B. HUMAN RIGHTS ACT
1998 |
|
PART 30 |
APPEALS |
Rule 30.1 |
Scope and
interpretation |
Rule
30.2 |
Parties to comply with the practice
direction |
Rule 30.3 |
Permission |
Rule
30.4 |
Appellant's notice |
Rule 30.5 |
Respondent's
notice |
Rule 30.6 |
Grounds of appeal |
Rule
30.7 |
Variation of time |
Rule 30.8 |
Stay |
Rule
30.9 |
Amendment of appeal
notice |
Rule 30.10 |
Striking out appeal notices and setting aside or imposing
conditions on permission to appeal |
Rule
30.11 |
Appeal court's
powers |
Rule 30.12 |
Hearing of appeals |
Rule
30.13 |
Assignment of appeals to the Court
of Appeal |
Rule 30.14 |
Reopening of final appeals |
|
PRACTICE DIRECTION: |
|
A.
APPEALS |
|
PART 31 |
REGISTRATION OF
ORDERS UNDER THE COUNCIL REGULATION, THE CIVIL PARTNERSHIP (JURISDICTION AND
RECOGNITION OF JUDGMENTS) REGULATIONS 2005 AND UNDER THE HAGUE CONVENTION
1996 |
Rule
31.1 |
Scope |
Rule 31.2 |
Interpretation |
Rule
31.3 |
Where to start
proceedings |
Rule 31.4 |
Application for registration, recognition or non-recognition
of a judgment |
Rule 31.5 |
Documents – supplementary |
Rule 31.6 |
Directions |
Rule
31.7 |
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 |
Rule 31.8 |
Registration for enforcement or order for non-recognition of
a judgment |
Rule 31.9 |
Stay of recognition proceedings by reason of an
appeal |
Rule 31.10 |
Effect of refusal of application for a decision that a
judgment should not be recognised |
Rule
31.11 |
Notification of the court's decision
on an application for registration or non-recognition |
Rule 31.12 |
Effect of
registration under rule 31.11 |
Rule
31.13 |
The central index of judgments
registered under rule 31.11 |
Rule
31.14 |
Decision on recognition of a judgment
only |
Rule 31.15 |
Appeal against the court's decision under rules 31.10, 31.11
or 31.14 |
Rule 31.16 |
Stay of enforcement where appeal pending in state of
origin |
Rule 31.17 |
Enforcement of judgments registered under rule
31.11 |
Rule 31.18 |
Request for a certificate or a certified copy of a
judgment |
Rule 31.19 |
Certificates issued in England and Wales under Articles 41
and 42 of the Council Regulation |
Rule
31.20 |
Rectification of certificate issued
under Article 41 or 42 of the Council Regulation |
Rule 31.21 |
Authentic
instruments and agreements under Article 46 of the Council
Regulation |
Rule 31.22 |
Application for provisional, including protective
measures |
|
PRACTICE
DIRECTION: |
|
A. REGISTRATION OF ORDERS
UNDER THE COUNCIL REGULATION, THE CIVIL PARTNERSHIP (JURISDICTION AND
RECOGNITION OF JUDGMENTS) REGULATIONS 2005 AND UNDER THE 1996 HAGUE
CONVENTION |
|
PART 32 |
REGISTRATION AND
ENFORCEMENT OF ORDERS |
|
|
|
I SCOPE AND
INTERPRETATION OF THIS PART |
Rule 32.1 |
Scope and
interpretation |
|
|
|
II
REGISTRATION ETC. OF ORDERS UNDER THE 1950 ACT |
|
|
|
Section 1 Interpretation of this Chapter
|
Rule
32.2 |
Interpretation |
|
|
|
Section 2 Registration etc of High Court
and county court orders |
Rule 32.3 |
Registration of a High Court
order |
Rule 32.4 |
Notice of Variation etc. of a High Court
order |
Rule 32.5 |
Cancellation of registration of a High Court
order |
Rule 32.6 |
Application of this Chapter to a county court
order |
|
|
|
Section 3
Registration etc. of Scottish and Northern Irish orders |
Rule 32.7 |
Registration of Scottish and Northern Irish
orders |
Rule 32.8 |
Application to adduce evidence before High
Court |
Rule 32.9 |
Notice of variation etc. of Scottish and Northern Irish
orders |
Rule 32.10 |
Cancellation of registration of Scottish and Northern Irish
orders |
Rule 32.11 |
Enforcement |
Rule
32.12 |
Inspection of register and copies of
order |
|
|
|
III REGISTRATION
OF MAINTENANCE ORDERS UNDER THE 1958 ACT |
Rule 32.13 |
Interpretation |
Rule
32.14 |
Registration of orders – prescribed
period |
Rule 32.15 |
Application for registration of a maintenance order in a
magistrates' court |
Rule
32.16 |
Registration in a magistrates' court
of an order registered in the High Court |
Rule 32.17 |
Registration in the High Court
of a magistrates' court order |
Rule
32.18 |
Registration in the High Court of an
order registered in a magistrates' court |
Rule 32.19 |
Variation or discharge of an
order registered in a magistrates' court |
Rule 32.20 |
Variation or discharge of an
order registered in the High Court |
Rule
32.21 |
Cancellation of registration –
orders registered in the High Court |
Rule
32.22 |
Cancellation of registration –
orders registered in a magistrates' court |
|
|
|
IV REGISTRATION AND ENFORCEMENT OF CUSTODY ORDERS UNDER THE
1986 ACT |
Rule
32.23 |
Interpretation |
Rule 32.24 |
Prescribed
officer and functions of the court |
Rule
32.25 |
Application for the registration of
an order made by the High Court or a county court |
Rule 32.26 |
Registration
of orders made in Scotland, Northern Ireland or a specified dependent
territory |
Rule 32.27 |
Revocation and variation of an order made in the High Court
or a county court |
Rule
32.28 |
Registration of varied, revoked or
recalled orders made in Scotland, Northern Ireland or a specified dependent
territory |
Rule 32.29 |
Interim directions |
Rule
32.30 |
Staying and dismissal of enforcement
proceedings |
Rule 32.31 |
Particulars of other proceedings |
Rule 32.32 |
Inspection of
register |
|
PART 33 |
ENFORCEMENT |
|
|
|
I GENERAL
RULES |
Rule
33.1 |
Application |
|
|
|
Section 1 Enforcement of orders for the
payment of money |
Rule
33.2 |
Application of the Civil Procedure
Rules |
Rule 33.3 |
How to apply |
Rule
33.4 |
Transfer of
orders |
|
|
|
Section 2
Committal and injunction |
Rule 33.5 |
General rule
– committal hearings to be in public |
Rule 33.6 |
Proceedings in the principal
registry treated as pending in a designated county court |
Rule 33.7 |
Specific
modifications of the CCR |
Rule
33.8 |
Section 118 County Courts Act 1984 and
the tipstaff |
|
|
|
II
COMMITTAL BY WAY OF JUDGMENT SUMMONS |
Rule 33.9 |
Interpretation |
Rule
33.10 |
Application |
Rule 33.11 |
Judgment
summons |
Rule 33.12 |
Successive judgment summonses |
Rule 33.13 |
Requirement
for personal service |
Rule
33.14 |
Committal on application for
judgment summons |
Rule
33.15 |
Orders for the benefit of different
persons |
Rule 33.16 |
Hearing of judgment summons |
Rule 33.17 |
Special
provisions as to judgment summonses in the High Court |
Rule 33.18 |
Special
provisions as to judgment summonses in designated county
courts |
|
|
|
III ATTACHMENT
OF EARNINGS |
Rule
33.19 |
Proceedings in the Principal
Registry |
|
|
|
IV WARRANT
OF EXECUTION |
Rule
33.20 |
Applications to vary existing
orders |
Rule 33.21 |
Section 103 County Courts Act
1984 |
|
|
|
V COURT'S POWER
TO APPOINT A RECEIVER |
Rule 33.22 |
Application of the
CPR |
|
|
|
VI ORDERS TO
OBTAIN INFORMATION FROM JUDGMENT DEBTORS |
Rule 33.23 |
Application
of the CPR |
|
|
|
VII THIRD
PARTY DEBT ORDERS |
Rule
33.24 |
Application of the
CPR |
|
|
|
VIII CHARGING
ORDER, STOP ORDER, STOP NOTICE |
Rule 33.25 |
Application
of the CPR |
|
PRACTICE
DIRECTION: |
|
A. ENFORCEMENT OF
UNDERTAKINGS |
|
PART 34 |
RECIPROCAL
ENFORCEMENT OF MAINTENANCE ORDERS |
Rule 34.1 |
Scope and
interpretation of this Part |
Rule
34.2 |
Meaning of prescribed officer in a
magistrates' court |
Rule
34.3 |
Registration of maintenance orders in
magistrates' courts in England and Wales |
|
|
|
I ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE MAINTENANCE
ORDERS (FACILITIES FOR ENFORCEMENT) ACT 1920 |
Rule 34.4 |
Interpretation |
Rule
34.5 |
Confirmation of provisional orders
made in a reciprocating country |
Rule
34.6 |
Payment of sums due under registered
orders |
Rule 34.7 |
Enforcement of sums due under registered
orders |
Rule 34.8 |
Prescribed notice for the taking of further
evidence |
Rule 34.9 |
Transmission of maintenance orders made in a reciprocating
country to the High Court |
Rule
34.10 |
Transmission of maintenance orders
made in the High Court to a reciprocating country |
Rule 34.11 |
Inspection of
the register in the High Court |
|
|
|
II ENFORCEMENT OF MAINTENANCE ORDERS UNDER PART 1 OF THE
1972 ACT |
Rule
34.12 |
Interpretation |
Rule 34.13 |
Scope |
|
|
|
Section 1 Reciprocal enforcement of maintenance orders
under Part 1 of the 1972 Act |
Rule 34.14 |
Application
for transmission of maintenance order to reciprocating
country |
Rule 34.15 |
Certification of evidence given on provisional
orders |
Rule 34.16 |
Confirmation of a provisional order made in a reciprocating
country |
Rule 34.17 |
Consideration of revocation of a provisional order made by a
magistrates' court |
Rule
34.18 |
Notification of variation or
revocation of a maintenance order by the High Court or a county
court |
Rule 34.19 |
Notification of confirmation or revocation of a maintenance
order by a magistrates' court |
Rule
34.20 |
Taking of evidence for court in
reciprocating country |
Rule
34.21 |
Request for the taking of evidence by
a court in a reciprocating country |
Rule
34.22 |
Transmission of
documents |
Rule 34.23 |
Method of payment under registered
orders |
Rule 34.24 |
Enforcement of payments under registered
orders |
Rule 34.25 |
Notification of registration and
cancellation |
|
|
|
Section 2
Modification of rules in Section 1 of this Chapter |
Rule 34.26 |
Application of Section 1 of this Chapter to the Republic of
Ireland |
Rule 34.27 |
Application of Section 1 of this Chapter to the Hague
Convention Countries |
Rule
34.28 |
Application of Section 1 of this
Chapter to the United States of America |
|
|
|
III ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE CIVIL
JURISDICTION AND JUDGMENTS ACT 1982,THE JUDGMENTS REGULATION AND THE LUGANO
CONVENTION |
|
|
|
Section 1 Registration and
Enforcement in a Magistrates' Court of Maintenance Orders made in a Contracting
State to the 1968 Convention, a Contracting State to the 1988 Convention, a
Regulation State or a State bound by the Lugano Convention |
Rule 34.29 |
Interpretation |
Rule
34.30 |
Registration of maintenance
orders |
Rule 34.31 |
Appeal from a decision relating to
registration |
Rule 34.32 |
Payment of sums due under a registered
order |
Rule 34.33 |
Enforcement of payments under registered
orders |
Rule 34.34 |
Variation and revocation of registered
orders |
Rule 34.35 |
Transfer of registered order |
Rule 34.36 |
Cancellation
of registered orders |
|
|
|
Section 2 Reciprocal enforcement in a Contracting State or
Regulation State of Orders of a court in England and Wales |
Rule 34.37 |
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 |
Rule 34.38 |
Admissibility
of Documents |
Rule 34.39 |
Enforcement of orders of a magistrates'
court |
|
PRACTICE
DIRECTION: |
|
A. RECIPROCAL ENFORCEMENT OF
MAINTENANCE ORDERS |
|
B. TRACING PAYERS
OVERSEAS |
|
PART 35 |
MEDIATION
DIRECTIVE |
Rule
35.1 |
Scope and
Interpretation |
Rule
35.2 |
Relevant disputes: applications for
consent orders in respect of financial remedies |
Rule 35.3 |
Mediation
evidence: disclosure and inspection |
Rule
35.4 |
Mediation evidence: witnesses and
depositions |
|
PRACTICE
DIRECTION: |
|
A. MEDIATION
DIRECTIVE |
|
PART 36 |
TRANSITIONAL
ARRANGEMENTS AND PILOT SCHEMES |
Rule 36.1 |
Transitional
provisions |
Rule 36.2 |
Pilot schemes |
|
PRACTICE
DIRECTION: |
|
A. TRANSITIONAL
ARRANGEMENTS |
|
|
VOLUME
2 |
|
Glossary |
|
|
Index |
|
|
|