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The Family Proceedings Rules 1991

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APPENDIX I—Forms

  1. M1 Statement of Information for a Consent Order

  2. M2 General Heading of Proceedings

  3. M3 Certificate with Regard to Reconciliation

  4. M4 Statement of Arrangements for Children

  5. M5 Notice of Proceedings

  6. M6 Acknowledgment of Service

  7. M7 Affidavit by Petitioner in Support of Petition

  8. M8 Notice of Application for Decree Nisi to be made Absolute

  9. M9 Certificate of Making Decree Nisi Absolute (Divorce)

  10. M10 Certificate of Making Decree Nisi Absolute (Nullity)

  11. M11 Notice of Application for Ancillary Relief

  12. M12 Notice of Application under Rule 2.45

  13. M13 Notice of Intention to Proceed with Application for Ancillary Relief Made in Petitioner Answer

  14. M14 Notice of Allegation in Proceedings for Ancillary Relief

  15. M15 Notice of Request for Periodical Payments Order at Same Rate as Order for Maintenance Pending Suit

  16. M16 Request for Issue of Judgment Summons

  17. M17 Judgment Summons

  18. M18 Notice of Appointment to Hear Representations Before Child is Committed to Care of Local Authority

  19. M19 Originating Application on Ground of Failure to Provide Reasonable Maintenance

  20. M20 Notice of Application Under Rule 3.1 or 3.2

  21. M21 Originating Application for Alteration of Maintenance Agreement during Parties' Lifetime

  22. M22 Originating Application for Alteration of Maintenance Agreement after Death of One of the Parties

  23. M23 Originating Summons Under Section 17 of the Married Women’s Property Act 1882 or Section I of the Matrimonial Homes Act 1967

  24. M24 Notice to be Indorsed on Document Served in Accordance with Rule 9.3

  25. M25 Ex Parte Originating Summons Under Section 13 of the Matrimonial and Family Proceedings Act 1984

  26. M26 Originating Summons Under Section 12 of the Matrimonial and Family Proceedings Act 1984

  27. M27 Originating Summons Under Section 24 of the Matrimonial and Family Proceedings Act 1984

  28. M28 Notice of Proceedings and Acknowledgment of Service

  29. M29 Declaration as to Marital Status Under Section 56(1)(a) of the Family Law Act 1986

  30. M30 Declaration as to Parentage Under Section 56(1)(a) of the Family Law Act 1986

  31. M31 Declaration as to Legitimacy or Legitimation Under Section 56(1)(b) and (2) of the Family Law Act 1986

  32. CHA1 Application for a Parental Responsibility Order

  33. CHA2 Parental Responsibility Order

  34. CHA3 Application for the appointment of a guardian

  35. CHA4 Order for the appointment of a guardian

  36. CHA5 Application for the termination of an appointment of a guardian

  37. CHA6 Order terminating the appointment of a guardian

  38. CHA7 Contact/Residence Order

  39. CHA8 Prohibited Steps Order

  40. CHA9 Specific Issue Order

  41. CHA10 Application for a Contact Order, Prohibited Steps Order, Residence Order or Specific Issue Order

  42. CHA10A Respondent’s Answer to Section 10 Application

  43. CHA10D Section 10 Application made by Petitioner or Respondent in divorce proceedings

  44. CHA11 Application to change child’s surname

  45. CHA11A Application to remove child from the jurisdiction of the UK

  46. CHA12 Order authorising change of child’s surname/removal of child from the jurisdiction of the UK

  47. CHA13 Application for Financial Provision

  48. CHA13A Respondent’s Answer to Application for Financial Provision

  49. CHA14 Statement of Means

  50. CHA15 Application for variation/discharge of an order for financial provision

  51. CHA16 Family Assistance Order

  52. CHA17 Application for authority to hold a child in secure accommodation

  53. CHA18 Order authorising child to be held in secure accommodation

  54. CHA19 Application for a care/supervision Order

  55. CHA20 Order for the care/supervision of a child

  56. CHA21 Application for contact with a child in care

  57. CHA22 Order allowing contact with a child in care

  58. CHA23 Application for permission to refuse contact with a child in care

  59. CHA24 Order refusing contact with a child in care

  60. CHA25 Application for an Education Supervision Order

  61. CHA26 Education Supervision Order

  62. CHA27 Interim Care/Supervision Order

  63. CHA28 Application to discharge Care/Supervision Order, vary Supervision Order or substitute Supervision Order for a Care Order

  64. CHA29 Order discharging Care/Supervision Order, varying Supervision Order or substituting Supervision Order for a Care Order

  65. CHA30 Order making or refusing the appointment of a guardian ad litem

  66. CHA31 Order making or refusing the appointment of a solicitor

  67. CHA32 Application for a Child Assessment Order

  68. CHA33 Child Assessment Order

  69. CHA34 Application for an Emergency Protection Order

  70. CHA35 Emergency Protection Order

  71. CHA36 Application to vary Emergency Protection Order directions

  72. CHA37 Order varying Emergency Protection Order directions

  73. CHA38 Application to extend Emergency Protection Order

  74. CHA39 Order extending an Emergency Protection Order

  75. CHA40 Application to discharge an Emergency Protection Order

  76. CHA41 Order discharging an Emergency Protection Order

  77. CHA42 Order authorising search for another child

  78. CHA43 Application for a Warrant under Section 48

  79. CHA44 Warrant under Section 48

  80. CHA45 Application for Recovery Order

  81. CHA46 Recovery Order

  82. CHA47 Order that a child attend proceedings

  83. CHA47A Order to a person to bring a child to court

  84. CHA48 Order to a person to disclose whereabouts of a child

  85. CHA49 Application to further extend a Supervision Order

  86. CHA50 Order further extending a Supervision Order

  87. CHA51 Application extending an Education Supervision Order

  88. CHA52 Order extending an Education Supervision Order

  89. CHA53 Application discharging an Education Supervision Order

  90. CHA54 Order discharging an Education Supervision Order

  91. CHA55 Application to vary or discharge certain order or directions

  92. CHA56 General Order Form

  93. CHA57 Refusal of Order

  94. CHA58 Application for Reconsideration of Refusal to Transfer

  95. CHA59 Form for the disclosure of addresses

Form M1.

Form M2General Heading of Proceedings

Rule 2.6(3)

Form M3Certificate with Regard to Reconciliation

Rule 2.2(2)

Form M4

Rule 2.6(6)

Form M5

Rule 2.9(5)

Form M6

Rule 2.24(3)

Form M7(a)

Rule 2.24(3)

Form M7(b)

Rule 2.24(3)

Form M7(c)

Rule 2.24(3)

Form M7(d)

Rule 2.24(3)

Form M7(e)

Rule 2.49(1)

Form M8

Rule 2.51(2)

Form M9

Rule 2.51(2)

Form M10

Rule 2.53(2) and (3)

Form M11

Rule 2.45

Form M12

Rule 2.58(1)

Form M13

Rule 2.60

Form M14

Rule 2.67(2)

Form M15

Rule 7.4(3)

Form M16

Rule 7.4(5)

Form M17

Form M18

Rule 3.1

Form M19

Form M20

Rule 3.2(1)

Form M21

Rule 3.3(1)

Form M22

Rule 3.6(1)

Form M23

Rule 9.3(2)

Form M24

Rule 3.17(1)

Form M25

Rule 3.18(1)

Form M26

Rule 3.19(1)

Form M27

Rule 3.18(2) and 3.19(2)

Form M28

Rule 3.12

Form M29

Rule 3.13

Form M30

Rule 3.14

Form M31

CHA 1

CHA 2

CHA 3

CHA 4

CHA 5

CHA 6

CHA 7

CHA 8

CHA 9

CHA 10

CHA 10A

CHA 10D

CHA 11

CHA 11A

CHA 12

CHA 13

CHA 13A

CHA 14

CHA 15

CHA 16

CHA 17

CHA 18

CHA 19

CHA 20

CHA 21

CHA 22

CHA 23

CHA 24

CHA 25

CHA 26

CHA 27

CHA 28

CHA 29

CHA 30

CHA 31

CHA 32

CHA 33

CHA 34

CHA 35

CHA 36

CHA 37

CHA 38

CHA 39

CHA 40

CHA 41

CHA 42

CHA 43

CHA 44

CHA 45

CHA 46

CHA 47

CHA 47A

CHA 48

CHA 49

CHA 50

CHA 51

CHA 52

CHA 53

CHA 54

CHA 55

CHA 56

CHA 57

CHA 58

CHA 59

APPENDIX 2CONTENTS OF PETITION

(Unless otherwise directed under rule 2.3)

1.  Every petition other than a petition under rules 3.12, 3.13, 3.14 or 3.15 shall state—

(a)the names of the parties to the marriage and the date and place of the marriage;

(b)the last address at which the parties to the marriage have lived together as husband and wife;

(c)where it is alleged that the court has jurisdiction based on domicile—

(i)the country in which the petitioner is domiciled, and

(ii)if that country is not England and Wales, the country in which the respondent is domiciled;

(d)where it is alleged that the court has jurisdiction based on habitual residence—

(i)the country in which the petitioner has been habitually resident throughout the period of one year ending with the date of the presentation of the petition, or

(ii)if the petitioner has not been habitually resident in England and Wales, the country in which the respondent has been habitually resident during that period, with details in either case, including the addresses of the places of residence and the length of residence at each place;

(e)the occupation and residence of the petitioner and the respondent;

(f)whether there are any living children of the family and, if so—

(i)the number of such children and the full names (including surname) of each and his date of birth or (if it be the case) that he is over 18, and

(ii)in the case of each minor child over the age of 16, whether he is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation;

(g)whether (to the knowledge of the petitioner in the case of a husband’s petition), any other child now living has been born to the wife during the marriage and, if so, the full names (including surname) of the child and his date of birth or, if it be the case, that he is over 18;

(h)if it be the case, that there is a dispute whether a living child is a child of the family;

(i)whether or not there are or have been any other proceedings in any court in England and Wales or elsewhere with reference to the marriage or to any child of the family or between the petitioner and the respondent with reference to any property of either or both of them and, if so—

(i)the nature of the proceedings,

(ii)the date and effect of any decree or order, and

(iii)in the case of proceedings with reference to the marriage, whether there has been any resumption of cohabitation since the making of the decree or order;

(j)whether there are any proceedings continuing in any country outside England and Wales which relate to the marriage or are capable of affecting its validity or subsistence and, if so—

(i)particulars of the proceedings, including the court in or tribunal or authority before which they were begun,

(ii)the date when they were begun,

(iii)the names of the parties,

(iv)the date or expected date of any trial in the proceedings, and

(v)such other facts as may be relevant to the question whether the proceedings on the petition should be stayed under Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973(1);

and such proceedings shall include any which are not instituted in a court of law in that country, if they are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status, and shall be treated as continuing if they have been begun and have not been finally disposed of,

(k)where the fact on which the petition is based is five years' separation, whether any, and if so what, agreement or arrangement has been made or is proposed to be made between the parties for the support of the respondent or, as the case may be, the petitioner or any child of the family;

(l)in the case of a petition for divorce, that the marriage has broken down irretrievably;

(m)the fact alleged by the petitioner for the purposes of section 1(2) of the Act of 1973(2) or, where the petition is not for divorce or judicial separation, the ground on which relief is sought, together in any case with brief particulars of the individual facts relied on but not the evidence by which they are to be proved;

(n)any further or other information required by such of the following paragraphs and by rule 3.11 as may be applicable.

2.  A petition for a decree of nullity under section 12(e) or (f) of the Act of 1973 shall state whether the petitioner was at the time of the marriage ignorant of the facts alleged.

3.  A petition for a decree of presumption of death and dissolution of marriage shall state:—

(a)the last place at which the parties to the marriage cohabited;

(b)the circumstances in which the parties ceased to cohabit;

(c)the date when and the place where the respondent was last seen or heard of; and

(d)the steps which have been taken to trace the respondent.

4.  Every petition shall conclude with:

(a)a prayer setting out particulars of the relief claimed, including any application for an order under any provision of Part I or Part II of the Children Act 1989(3) with respect to a child of the family, any claim for costs and any application for ancillary relief which it is intended to claim;

(b)the names and addresses of the persons who are to be served with the petition, indicating if any of them is a person under disability;

(c)the petitioner’s address for service, which, where the petitioner sues by a solicitor, shall be the solicitor’s name or firm and address. Where the petitioner, although suing in person, is receiving legal advice from a solicitor, the solicitor’s name or firm and address may be given as the address for service if he agrees. In any other case, the petitioner’s address for service shall be the address of any place in England or Wales to which documents for the petitioner may be delivered or sent.

Rules 4.4 and 4.7

APPENDIX 3NOTICES AND RESPONDENTS

(i)(ii)(iii)(iv)
Provision under which proceedings broughtMinimum number of days prior to hearing or directions appointment for service under rule 4.4(1)(b)Persons to whom notice is to be givenRespondents
All applicationsSee separate entries below.

Subject to separate entries below—

local authority providing accomodation for the child;

in the case of proceedings brought in respect of a child who is alleged to be staying in a refuge which is certificated under section 51(1) or (2), the person who is providing the refuge.

Subject to separate entries below—

persons who are caring for the child at the time when the proceedings are commenced;

every person whom the applicant believes to have parental responsibility responsibility for the child;

where the child is the subject of a care order, every person whom the applicant believes to have had parental responsibility immediately prior to the making of the care order;

in the case of an application to extend, vary or discharge an order, the parties to the proceedings leading to the order which it is sought to have extended, varied or discharged;

in the case of specified proceedings, the child.

Section 8.21 days.

As for “all applications” above, and:

in the case of an application for a section 8 order, every person whom the applicant believes—

(i)

to be named in a court order with respect to the same child, which has not ceased to have effect.

(ii)

to be a party to pending proceedings in respect of the same child, or

(iii)

to be a person with whom the child has lived for at least 3 years prior to the application,

unless, in a case to which (i) or (ii) applies, the applicant believes that the court order or pending proceedings are not relevant to the application.

As for “all applications” above.

Section 4(1)(a), 4(3), 5(1), 6(7), 13(1), 16(6), 33(7), Schedule 1, paragraph 19(1) of Schedule 2, or paragraph 11(3) or 16(5) of Schedule 14.14 days.

As for “all applications” above, and:

in the case of an application under paragraph 19(1) of Schedule 2, the parties to the proceedings leading to the care order;

in the case of an application under section 5(1), the father of the child if he does not have parental responsibility.

As for all applications above, and:

in the case of proceedings under Schedule 1, those persons whom the applicant believes to be interested in or affected by the proceedings;

in the case of an application under paragraph 11(3)(b) or 16(5) of Schedule 14, any person, other than the child, named in the order or directions which it is sought to discharge or vary.

Section 36(1), 39(1), 39(2), 39(3), 39(4), 43(1), or paragraph 6(3), 15(2) or 17(1) of Schedule 3.7 days.

As for “all applications” above, and:

in the case of an application for an order under section 43(1)—

(i)

every person whom the applicant believes to be a parent of the child.

(ii)

every person whom the applicant believes to be caring for the child,

(iii)

every person in whose favour a contact order is in force with respect to the child, and

(iv)

every person who is allowed to have contact with the child by virtue of an order under section 34.

As for “all applications” above, and:

in the case of an application under section 39(2) or (3), the supervisor;

in the case of proceedings under paragraph 17(1) of Schedule 3, the local education authority concerned;

in the case of proceedings under section 36 or paragraph 15(2) or 17(1) of Schedule 3, the child.

Section 31, 34(2), 34(3), 34(4), 34(9) or 38(8)(b).3 days.

As for “all applications” above, and:

in the case of an application under section 31—

(i)

every person whom the applicant believes to be a party to pending relevant proceedings in respect of the same child, and

(ii)

every person whom the applicant believes to be a parent without parental responsibility for the child.

As for “all applications” above, and:

in the case of an application under section 34, the person whose contact with the child is the subject of the application.

Section 43(12).2 days.Those of the persons referred to in section 43(11)(a) to (e) who were not party to the application for the order which it is sought to have varied or discharged.As for “all applications” above.
Section 25, 44(1), 44(9)(b), 45(4), 45(8), 46(7), 48(9) or 50(1).1 day.

As for “all applications” above, and:

in the case of an application under section 44(1), every person whom the applicant believes to be a child;

in the case of an application under section 44(9)(b)—

(i)

the local authority in whose area the child is living, and

(ii)

any person whom the applicant believes to be affected by the direction which it is sought to have varied.

As for “all applications” above, and:

in the case of an application under section 44(9)(b)

(i)

the parties to the application for the order in respect of which it is sought to vary the directions;

(ii)

any person who was caring for the child prior to the making of the order; and

(iii)

any person whose contact with the child is affected by the direction which it is sought to have varied;

in the case of an application under section 50, the person whom the applicant alleges to have effected or to have been or to be responsible for the taking or keeping of the child.

(1)

1973 c. 45, as amended by 1981 c. 24.

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