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The Family Procedure Rules 2010

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Procedure where respondent objects to use of the Part 19 procedure

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19.9.—(1) A respondent who contends that the Part 19 procedure should not be used because—

(a)there is a substantial dispute of fact; and

(b)the use of the Part 19 procedure is not required or permitted by a rule or practice direction,

must state the reasons for that contention when filing the acknowledgment of service.

(2) When the court receives the acknowledgment of service and any written evidence, it will give directions as to the future management of the case.

(Rule 19.7 requires a respondent who wishes to rely on written evidence to file it when filing the acknowledgment of service.)

(Rule 19.1(3) allows the court to make an order that the application continue as if the applicant had not used the Part 19 procedure.)

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