
| 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 | Application in a magistrates' court 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 |
| 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 |
| Rule 9.26A | Questions as to the court's jurisdiction or whether the proceedings should be stayed |
| Rule 9.26B | Adding or removing parties |
| 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 | Access to and inspection of documents retained in 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 | Omitted |
| 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, THE MAINTENANCE REGULATION AND THE LUGANO CONVENTION | |
| Rule 34.28A | Application of this Chapter |
| 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 34.29A | Application under Article 30 of the Maintenance Regulation for a declaration of enforceability |
| 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 |
| Rule 34.36A | Directions as to stays, documents and translations |
| Section 2 Reciprocal enforcement in a Contracting State or Regulation State of Orders of a court in England and Wales | |
| Rule 34.37 | Omitted |
| Rule 34.38 | Admissibility of Documents |
| Rule 34.39 | Enforcement of orders of a magistrates' court |
| Rule 34.40 | Enforcement of orders of the High Court or a county court |
| PRACTICE DIRECTION: | |
| A. RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS | |
| B. TRACING PAYERS OVERSEAS | |
| C. APPLICATIONS FOR RECOGNITION AND ENFORCEMENT TO OR FROM EUROPEAN UNION MEMBER STATES | |
| 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 | |
| Forms | |
| Glossary | |
| Index | |