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The Family Proceedings Rules (Northern Ireland) 1996

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Application for leave to commence proceedings

4.4.—(1) Where the leave of the court is required to bring any proceedings to which this Part applies, the person seeking leave shall file—

(a)a written request for leave in Form C2 setting out the reasons for the application; and

(b)a draft of the application (being the documents referred to in rule 4.5(2)) for the making of which leave is sought together with sufficient copies for one to be served on each respondent.

(2) The documents referred to in paragraph (1) shall—

(a)in relation to an application to the High Court be filed in the Office of Care and Protection or, where rule 2.38 applies, in the Matrimonial Office;

(b)in relation to an application to a county court be filed in the county court office.

(3) On considering a request for leave filed under paragraph (1), the court shall—

(a)grant the request, whereupon the proper officer or chief clerk shall inform the person making the request of the decision, or

(b)direct that a date be fixed for the hearing of the request, whereupon the proper officer or chief clerk shall fix such a date and give such notice as the court directs to the person making the request and to such other persons as the court requires to be notified of the date so fixed.

(4) Where leave is granted to bring proceedings to which this Part applies the application shall proceed in accordance with rule 4.5 but paragraph (1)(a) of that rule shall not apply.

(5) In the case of a request for leave to bring proceedings under Schedule 1, the draft application under paragraph (1) shall be accompanied by a statement in Form C7A setting out the financial details which the person seeking leave believes to be relevant to the request and containing a declaration that it is true to the maker’s best knowledge and belief, together with sufficient copies for one to be served on each respondent.

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