The Family Procedure Rules 2010

Applications without notice

12.16.—(1) This rule applies to—

(a) proceedings for a section 8 order;

(b) emergency proceedings; and

(c) proceedings relating to the exercise of the court’s inherent jurisdiction (other than an application for the court’s permission to start such proceedings and proceedings for collection, location and passport orders where Chapter 6 applies).

(2) An application in proceedings referred to in paragraph (1) may, in the High Court or a county court, be made without notice in which case the applicant must file the application—

(a) where the application is made by telephone, the next business day after the making of the application; or

(b) in any other case, at the time when the application is made.

(3) An application in proceedings referred to in paragraph (1)(a) or (b) may, in a magistrates’ court, be made with the permission of the court, without notice, in which case the applicant must file the application at the time when the application is made or as directed by the court.

(4) Where—

(a) a section 8 order;

(b) an emergency protection order;

(c) an order for the disclosure of information as to the whereabouts of a child under section 33 of the 1986 Act; or

(d) an order authorising the taking charge of and delivery of a child under section 34 of the 1986 Act,

is made without notice, the applicant must serve a copy of the application on each respondent within 48 hours after the order is made.

(5) Within 48 hours after the making of an order without notice, the applicant must serve a copy of the order on—

(a) the parties, unless the court directs otherwise;

(b) any person who has actual care of the child or who had such care immediately prior to the making of the order; and

(c) in the case of an emergency protection order and a recovery order, the local authority in whose area the child lives or is found.

(6) Where the court refuses to make an order on an application without notice it may direct that the application is made on notice in which case the application will proceed in accordance with rules 12.13 to 12.15.

(7) Where the hearing takes place outside the hours during which the court office is normally open, the court or court officer will take a note of the proceedings.

(Practice Direction 12E (Urgent Business) provides further details of the procedure for out of hours applications. See also Practice Direction 12D (Inherent Jurisdiction (including Wardship Proceedings).)

(Rule 12.47 provides for without-notice applications in proceedings under Chapter 6, section 1 of this Part, (proceedings under the 1980 Hague Convention and the European Convention).)