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The Family Procedure Rules 2010

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  1. Introductory Text

  2. PART 1

    1. 1.1.The overriding objective

    2. 1.2.Application by the court of the overriding objective

    3. 1.3.Duty of the parties

    4. 1.4.Court’s duty to manage cases

  3. PART 2

    1. 2.1.Application of these Rules

    2. 2.2.The glossary

    3. 2.3.Interpretation

    4. 2.4.Modification of rules in application to serial numbers etc.

    5. 2.5.Power to perform functions conferred on the court by these rules and practice directions

    6. 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

    7. 2.7.Single justice’s power to refer to a magistrates’ court

    8. 2.8.Court’s discretion as to where it deals with cases

    9. 2.9.Computation of time

    10. 2.10.Dates for compliance to be calendar dates and to include time of day

  4. PART 3

    1. 3.1.Scope of this Part

    2. 3.2.Court’s duty to consider alternative dispute resolution

    3. 3.3.When the court will adjourn proceedings or a hearing in proceedings

  5. PART 4

    1. 4.1.The court’s general powers of management

    2. 4.2.Court officer’s power to refer to the court

    3. 4.3.Court’s power to make order of its own initiative

    4. 4.4.Power to strike out a statement of case

    5. 4.5.Sanctions have effect unless defaulting party obtains relief

    6. 4.6.Relief from sanctions

    7. 4.7.General power of the court to rectify matters where there has been an error of procedure

    8. 4.8.Power of the court to make civil restraint orders

  6. PART 5

    1. 5.1.Forms

    2. 5.2.Documents to be attached to a form

    3. 5.3.Proceedings are started by issue of application form

  7. PART 6

    1. CHAPTER 1

      1. 6.1.Part 6 rules about service apply generally

      2. 6.2.Interpretation

    2. CHAPTER 2

      1. 6.3.Interpretation

      2. 6.4.Methods of service

      3. 6.5.Who is to serve the application

      4. 6.6.Every respondent to be served

      5. 6.7.Personal service

      6. 6.8.Service of application by the court

      7. 6.9.Service by the bailiff

      8. 6.10.Where to serve the application – general provisions

      9. 6.11.Service of the application on a solicitor within the jurisdiction or in any EEA state

      10. 6.12.Service of the application where the respondent gives an address at which the respondent may be served

      11. 6.13.Service of the application where the respondent does not give an address at which the respondent may be served

      12. 6.14.Service of the application on children and protected parties

      13. 6.15.Deemed service – receipt of acknowledgment of service

      14. 6.16.Deemed service by post or alternative service where no acknowledgment of service filed

      15. 6.17.Proof of personal service where no acknowledgment of service filed

      16. 6.18.Proof of service by the court etc.

      17. 6.19.Service of the application by an alternative method or at an alternative place

      18. 6.20.Power of the court to dispense with service of the application

      19. 6.21.Notification of failure of service by the court

      20. 6.22.Notice of non-service by bailiff

    3. CHAPTER 3

      1. 6.23.Method of service

      2. 6.24.Who is to serve

      3. 6.25.Personal service

      4. 6.26.Address for service

      5. 6.27.Change of address for service

      6. 6.28.Service of an application form commencing proceedings on children and protected parties

      7. 6.29.Service of other documents on or by children and protected parties where a litigation friend has been or will be appointed

      8. 6.30.Service on or by children where a children’s guardian has been or will be appointed under rule 16.4

      9. 6.31.Service on or by children where a children’s guardian has been appointed under rule 16.3

      10. 6.32.Supplementary provisions relating to service on children and protected parties

      11. 6.33.Supplementary provision relating to service on children

      12. 6.34.Deemed service

      13. 6.35.Service by an alternative method or at an alternative place

      14. 6.36.Power to dispense with service

      15. 6.37.Certificate of service

      16. 6.38.Notification of outcome of service by the court

      17. 6.39.Notification of non-service by bailiff

    4. CHAPTER 4

      1. 6.40.Scope and interpretation

      2. 6.41.Permission to serve not required

      3. 6.42.Period for acknowledging service or responding to application where application is served out of the jurisdiction

      4. 6.43.Method of service – general provisions

      5. 6.44.Service in accordance with the Service Regulation

      6. 6.45.Service through foreign governments, judicial authorities and British Consular authorities

      7. 6.46.Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities

      8. 6.47.Translation of application form or other document

      9. 6.48.Undertaking to be responsible for expenses of the Foreign and Commonwealth Office

  8. PART 7

    1. CHAPTER 1

      1. 7.1.Application and interpretation

      2. 7.2.District Registries

      3. 7.3.Principal Registry

      4. 7.4.References to respondents

    2. CHAPTER 2

      1. 7.5.Starting proceedings

      2. 7.6.Statement of reconciliation

      3. 7.7.Limitation on applications in respect of same marriage or civil partnership

      4. 7.8.Service of application

      5. 7.9.Withdrawal of application before service

      6. 7.10.Who the parties are

      7. 7.11.Nullity: Interim and full gender recognition certificates

      8. 7.12.What the respondent and co-respondent should do on receiving the application

      9. 7.13.Amendments to the application and the answer

      10. 7.14.How the respondent can make an application

      11. 7.15.Further information about the contents of the application and the answer

    3. CHAPTER 3

      1. 7.16.General rule – hearing to be in public

      2. 7.17.Exercise of jurisdiction in cases heard at place other than the court in which the case is proceeding

      3. 7.18.Notice of hearing

      4. 7.19.Applications for a decree nisi or a conditional order

      5. 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

      6. 7.21.Further provisions about costs

      7. 7.22.What the court must do for the case management hearing

      8. 7.23.Where proceedings under this Part may be heard

      9. 7.24.The circumstances in which proceedings may be transferred between courts

      10. 7.25.The procedure for complying with section 41 of 1973 Act or section 63 of 2004 Act

      11. 7.26.Medical examinations in proceedings for nullity of marriage

      12. 7.27.Stay of proceedings

    4. CHAPTER 4

      1. 7.28.The circumstances in which an order may be set aside (rescission)

      2. 7.29.Applications under section 10(2) of 1973 Act or section 48(2) of 2004 Act

      3. 7.30.Orders under section 10A(2) of the 1973 Act

      4. 7.31.Applications to prevent decrees nisi being made absolute or conditional orders being made final

      5. 7.32.Making decrees nisi absolute or conditional orders final by giving notice

      6. 7.33.Applications to make decrees nisi absolute or conditional orders final

      7. 7.34.What the court officer must do when a decree nisi is made absolute

      8. 7.35.What the court officer must do when a conditional order is made final

      9. 7.36.Records of decrees absolute and final orders

  9. PART 8

    1. CHAPTER 1

      1. 8.1.Procedure

    2. CHAPTER 2

      1. 8.2.Scope of this Chapter

      2. 8.3.Where to start proceedings

      3. 8.4.Who the parties are

      4. 8.5.Delivery of copy certificate to Secretary of State

    3. CHAPTER 3

      1. 8.6.Scope of this Chapter

      2. 8.7.Where to start proceedings

      3. 8.8.Who the parties are

      4. 8.9.Representative parties

      5. 8.10.Acknowledgment of service

      6. 8.11.Hearings may be in private

    4. CHAPTER 4

      1. 8.12.Scope of this Chapter

      2. 8.13.Procedure

      3. 8.14.Where to start proceedings

      4. 8.15.Mortgagees as parties

      5. 8.16.Injunctions

      6. 8.17.Application of other rules

    5. CHAPTER 5

      1. 8.18.Scope of this Chapter

      2. 8.19.Where to start proceedings

      3. 8.20.Who the parties are

      4. 8.21.The role of the Attorney General

      5. 8.22.Declarations of parentage

    6. CHAPTER 6

      1. 8.23.Scope of this Chapter

      2. 8.24.Where and how to start proceedings

      3. 8.25.Application to be made without notice

      4. 8.26.Notification of hearing date

      5. 8.27.Hearings to be in private unless the court directs otherwise

      6. 8.28.Direction that application be dealt with by a district judge of the principal registry

    7. CHAPTER 7

      1. 8.29.Scope of this Chapter

      2. 8.30.Where to start proceedings

      3. 8.31.Service of the application

      4. 8.32.Who the parties are

      5. 8.33.Orders for disclosure

      6. 8.34.Injunctions

    8. CHAPTER 8

      1. 8.35.Scope of this Chapter

      2. 8.36.Interpretation

      3. 8.37.Where to start proceedings

      4. 8.38.Who the parties are

      5. 8.39.Service of the application

      6. 8.40.Applications without notice

    9. CHAPTER 9

      1. 8.41.Scope of this Chapter

      2. 8.42.Child acting without a children’s guardian

      3. 8.43.Who the respondents are

  10. PART 9

    1. CHAPTER 1

      1. 9.1.Application

      2. 9.2.Application of Magistrates’ Courts Rules 1981

      3. 9.3.Interpretation

    2. CHAPTER 2

      1. 9.4.When an Application for a financial order may be made

      2. 9.5.Where to start proceedings

      3. 9.6.Application for an order preventing a disposition

      4. 9.7.Application for interim orders

      5. 9.8.Application for periodical payments order at same rate as an order for maintenance pending suit

      6. 9.9.Application for periodical payments order at same rate as an order for maintenance pending outcome of proceedings

    3. CHAPTER 3

      1. 9.10.Application by parent, guardian etc for financial remedy in respect of children

      2. 9.11.Children to be separately represented on certain applications

    4. CHAPTER 4

      1. 9.12.Duties of the court and the applicant upon issuing an application

      2. 9.13.Service of application on mortgagees, trustees etc

      3. 9.14.Procedure before the first appointment

      4. 9.15.Duties of the court at the first appointment

      5. 9.16.After the first appointment

      6. 9.17.The FDR appointment

    5. CHAPTER 5

      1. 9.18.Duties of the court and the applicant upon filing an application

      2. 9.19.Procedure before the first hearing

      3. 9.20.Power of the court to direct filing of evidence and set dates for further hearings

      4. 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

      5. 9.22.Proceedings by or against a person outside England and Wales for orders under section 20 of the 1978 Act or paragraphs 30 to 34 of Schedule 6 to the 2004 Act other than proceedings for variation of orders

      6. 9.23.Duty to make entries in the court’s register

    6. CHAPTER 6

      1. 9.24.Power to order delivery up of possession etc.

      2. 9.25.Where proceedings may be heard

      3. 9.26.Applications for consent orders for financial remedy

    7. CHAPTER 7

      1. 9.27.Estimates of Costs

      2. 9.28.Duty to make open proposals

    8. CHAPTER 8

      1. 9.29.Application and interpretation of this Chapter

      2. 9.30.What the party with pension rights must do when the court fixes a first appointment

      3. 9.31.Applications for pension sharing orders

      4. 9.32.Applications for consent orders for pension sharing

      5. 9.33.Applications for pension attachment orders

      6. 9.34.Applications for consent orders for pension attachment

      7. 9.35.Pension sharing orders or pension attachment orders

      8. 9.36.Duty of the court upon making a pension sharing order or a pension attachment order

      9. 9.37.Procedure where Pension Protection Fund becomes involved with the pension scheme

    9. CHAPTER 9

      1. 9.38.Application and interpretation of this Chapter

      2. 9.39.What the party with compensation rights must do when the court fixes a first appointment

      3. 9.40.Applications for pension compensation sharing orders

      4. 9.41.Applications for consent orders for pension compensation sharing

      5. 9.42.Applications for pension compensation attachment orders

      6. 9.43.Applications for consent orders for pension compensation attachment

      7. 9.44.Pension compensation sharing orders or pension compensation attachment orders

      8. 9.45.Duty of the court upon making a pension compensation sharing order or a pension compensation attachment order

  11. PART 10

    1. 10.1.Scope and interpretation of this Part

    2. 10.2.Applications for an occupation order or a non-molestation order

    3. 10.3.Service of the application

    4. 10.4.Transfer of pending proceedings to another court

    5. 10.5.Privacy

    6. 10.6.Service of an order

    7. 10.7.Representations made by a mortgagee or landlord

    8. 10.8.Applications to vary, extend or discharge an order

    9. 10.9.Orders containing provisions to which a power of arrest is attached

    10. 10.10.Service of an order on the officer for the time being in charge of a police station

    11. 10.11.Proceedings following arrest in a county court or the High Court

    12. 10.12.Enforcement of an order in a county court

    13. 10.13.Enforcement of an undertaking in a county court

    14. 10.14.Power to adjourn the hearing for consideration of the penalty

    15. 10.15.Hospital orders or guardianship orders under the Mental Health Act 1983

    16. 10.16.Transfer directions under section 48 of the Mental Health Act 1983

    17. 10.17.Recognizances

  12. PART 11

    1. 11.1.Scope and interpretation

    2. 11.2.Applications

    3. 11.3.Permission to apply

    4. 11.4.Service of applications on notice

    5. 11.5.Transfer of proceedings

    6. 11.6.Parties

    7. 11.7.Hearings and service of orders

    8. 11.8.Orders made by the court of its own initiative

    9. 11.9.Representations in respect of orders

    10. 11.10.Applications to vary, extend or discharge an order

    11. 11.11.Orders containing provisions to which a power of arrest is attached

    12. 11.12.Service where order contains a power of arrest

    13. 11.13.Application for issue of warrant for arrest

    14. 11.14.Proceedings following arrest

    15. 11.15.Enforcement of orders

    16. 11.16.Power to adjourn the hearing for consideration of the penalty

    17. 11.17.Hospital orders or guardianship orders under the Mental Health Act 1983

    18. 11.18.Transfer directions under section 48 of the Mental Health Act 1983

    19. 11.19.Recognizances

  13. PART 12

    1. CHAPTER 1

      1. 12.1.Application of this Part

      2. 12.2.Interpretation

    2. CHAPTER 2

      1. 12.3.Who the parties are

      2. 12.4.Notice of proceedings to person with foreign parental responsibility

      3. 12.5.What the court will do when the application has been issued

      4. 12.6.Children’s guardian, solicitor and reports under section 7 of the 1989 Act

      5. 12.7.What a court officer will do

      6. 12.8.Service of the application

      7. 12.9.Request for transfer from magistrates’ court to county court or to another magistrates’ court

      8. 12.10.Procedure following refusal of magistrates’ court to order transfer

      9. 12.11.Transfer of proceedings from one court to another court

      10. 12.12.Directions

      11. 12.13.Setting dates for hearings and setting or confirming the timetable and date for the final hearing

      12. 12.14.Attendance at hearings

      13. 12.15.Steps taken by the parties

      14. 12.16.Applications without notice

      15. 12.17.Investigation under section 37 of the 1989 Act

      16. 12.18.Disclosure of a report under section 14A(8) or (9) of the 1989 Act

      17. 12.19.Additional evidence

      18. 12.20.Expert evidence-examination of child

      19. 12.21.Hearings

    3. CHAPTER 3

      1. 12.22.Application of rules 12.23 to 12.26

      2. 12.23.Timetable for the Child

      3. 12.24.Directions

      4. 12.25.First Appointment, Case Management Conference and Issues Resolution Hearing

      5. 12.26.Discussion between advocates

      6. 12.27.Matters prescribed for the purposes of the Act

      7. 12.28.Exclusion requirements: interim care orders and emergency protection orders

      8. 12.29.Notification of consent

      9. 12.30.Proceedings for secure accommodation orders: copies of reports

    4. CHAPTER 4

      1. 12.31.The First Hearing Dispute Resolution Appointment

      2. 12.32.Answer

      3. 12.33.Applications for warning notices or applications to amend enforcement orders by reason of change of residence

      4. 12.34.Service of a risk assessment

      5. 12.35.Service of enforcement orders or orders amending or revoking enforcement orders

    5. CHAPTER 5

      1. 12.36.Where to start proceedings

      2. 12.37.Child as respondent to wardship proceedings

      3. 12.38.Registration requirements

      4. 12.39.Notice of child’s whereabouts

      5. 12.40.Enforcement of orders in wardship proceedings

      6. 12.41.Child ceasing to be ward of court

      7. 12.42.Adoption of a child who is a ward of court

    6. CHAPTER 6

      1. 12.43.Scope

      2. SECTION 1

        1. 12.44.Interpretation

        2. 12.45.Where to start proceedings

        3. 12.46.Evidence in support of application

        4. 12.47.Without-notice applications

        5. 12.48.Directions

        6. 12.49.Answer

        7. 12.50.Filing and serving written evidence

        8. 12.51.Adjournment

        9. 12.52.Stay of proceedings upon notification of wrongful removal etc.

        10. 12.53.Stay of proceedings where application made under s.16 of the 1985 Act (registration of decisions under the European Convention)

        11. 12.54.Transfer of proceedings

        12. 12.55.Revocation and variation of registered decisions

        13. 12.56.The central index of decisions registered under the 1985 Act

        14. 12.57.Disclosure of information in proceedings under the European Convention

      3. SECTION 2

        1. 12.58.Interpretation

        2. 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

        3. 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

        4. 12.61.Transfer of proceedings under Article 15 of the Council Regulation or under Article 8 of the 1996 Hague Convention

        5. 12.62.Application by a party for transfer of the proceedings

        6. 12.63.Application by a court of another Member State or another Contracting State for transfer of the proceedings

        7. 12.64.Exercise by the court of its own initiative of powers to seek to transfer the proceedings

        8. 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

        9. 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

        10. 12.67.Service of the court’s order or request relating to transfer of jurisdiction under the Council Regulation or the 1996 Hague Convention

        11. 12.68.Questions as to the court’s jurisdiction or whether the proceedings should be stayed

        12. 12.69.Request for consultation as to contemplated placement of child in England and Wales

        13. 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

        14. 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

    7. CHAPTER 7

      1. 12.72.Interpretation

      2. 12.73.Communication of information: general

      3. 12.74.Instruction of experts

      4. 12.75.Communication of information for purposes connected with the proceedings

  14. PART 13

    1. 13.1.Interpretation and application

    2. 13.2.Application of Part 12

    3. 13.3.Who the parties are

    4. 13.4.Notice of proceedings to person with foreign parental responsibility

    5. 13.5.What the court or a court officer will do when the application has been issued

    6. 13.6.Service of the application and other documents

    7. 13.7.Acknowledgement

    8. 13.8.Date for first directions hearing

    9. 13.9.The first directions hearing

    10. 13.10.Where the agreement of the other parent or the woman who carried the child is not required

    11. 13.11.Agreement

    12. 13.12.Reports of the parental order reporter and disclosure to the parties

    13. 13.13.Notice of final hearing

    14. 13.14.The final hearing

    15. 13.15.Proof of identity of the child

    16. 13.16.Disclosing information to an adult who was subject to a parental order

    17. 13.17.Application for recovery orders

    18. 13.18.Keeping of registers, custody, inspection and disclosure of documents and information

    19. 13.19.Documents held by the court not to be inspected or copied without the court’s permission

    20. 13.20.Orders

    21. 13.21.Copies of orders

    22. 13.22.Amendment and revocation of orders

  15. PART 14

    1. 14.1.Application of this Part and interpretation

    2. 14.2.Application for a serial number

    3. 14.3.Who the parties are

    4. 14.4.Notice of proceedings to person with foreign parental responsibility

    5. 14.5.Who is to serve

    6. 14.6.What the court or a court officer will do when the application has been issued

    7. 14.7.Date for first directions hearing

    8. 14.8.The first directions hearing

    9. 14.9.Requesting the court to dispense with the consent of any parent or guardian

    10. 14.10.Consent

    11. 14.11.Reports by the adoption agency or local authority

    12. 14.12.Health reports

    13. 14.13.Confidential reports to the court and disclosure to the parties

    14. 14.14.Communication of information relating to proceedings

    15. 14.15.Notice of final hearing

    16. 14.16.The final hearing

    17. 14.17.Proof of identity of the child

    18. 14.18.Disclosing information to an adopted adult

    19. 14.19.Translation of documents

    20. 14.20.Application for recovery orders

    21. 14.21.Inherent jurisdiction and fathers without parental responsibility

    22. 14.22.Timing of applications for section 89 order

    23. 14.23.Custody of documents

    24. 14.24.Documents held by the court not to be inspected or copied without the court’s permission

    25. 14.25.Orders

    26. 14.26.Copies of orders

    27. 14.27.Amendment and revocation of orders

    28. 14.28.Keeping registers in the family proceedings court

  16. PART 15

    1. 15.1.Application of this Part

    2. 15.2.Requirement for litigation friend in proceedings

    3. 15.3.Stage of proceedings at which a litigation friend becomes necessary

    4. 15.4.Who may be a litigation friend for a protected party without a court order

    5. 15.5.How a person becomes a litigation friend without a court order

    6. 15.6.How a person becomes a litigation friend by court order

    7. 15.7.Court’s power to change litigation friend and to prevent person acting as litigation friend

    8. 15.8.Appointment of litigation friend by court order – supplementary

    9. 15.9.Procedure where appointment of litigation friend comes to an end

  17. PART 16

    1. CHAPTER 1

      1. 16.1.Application of this Part

    2. CHAPTER 2

      1. 16.2.When the court may make a child a party to proceedings

    3. CHAPTER 3

      1. 16.3.Appointment of a children’s guardian in specified proceedings or proceedings to which Part 14 applies

      2. 16.4.Appointment of a children’s guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies

      3. 16.5.Requirement for a litigation friend

    4. CHAPTER 4

      1. 16.6.Circumstances in which a child does not need a children’s guardian or litigation friend

    5. CHAPTER 5

      1. 16.7.Application of this Chapter

      2. 16.8.Stage of proceedings at which a litigation friend becomes necessary

      3. 16.9.Who may be a litigation friend for a child without a court order

      4. 16.10.How a person becomes a litigation friend without a court order

      5. 16.11.Appointment of litigation friend by the court

      6. 16.12.Court’s power to change litigation friend and to prevent person acting as litigation friend

      7. 16.13.Appointment of litigation friend by court order – supplementary

      8. 16.14.Powers and duties of litigation friend

      9. 16.15.Procedure where appointment of litigation friend comes to an end

    6. CHAPTER 6

      1. 16.16.Application of this Chapter

      2. 16.17.Who may be a children’s guardian

      3. 16.18.What the court or a court officer will do once the court has made a decision about appointing a children’s guardian

      4. 16.19.Termination of the appointment of the children’s guardian

      5. 16.20.Powers and duties of the children’s guardian

      6. 16.21.Where the child instructs a solicitor or conducts proceedings on the child’s own behalf

    7. CHAPTER 7

      1. 16.22.Application of this Chapter

      2. 16.23.Stage of proceedings at which a children’s guardian becomes necessary

      3. 16.24.Appointment of a children’s guardian

      4. 16.25.Court’s power to change children’s guardian and to prevent person acting as children’s guardian

      5. 16.26.Appointment of children’s guardian by court order – supplementary

      6. 16.27.Powers and duties of children’s guardian

      7. 16.28.Procedure where appointment of children’s guardian comes to an end

    8. CHAPTER 8

      1. 16.29.Solicitor for child

    9. CHAPTER 9

      1. 16.30.When the court appoints a reporting officer

      2. 16.31.Appointment of the same reporting officer in respect of two or more parents or guardians

      3. 16.32.The duties of the reporting officer

    10. CHAPTER 10

      1. 16.33.Request by court for a welfare report in respect of the child

    11. CHAPTER 11

      1. 16.34.When the court appoints a parental order reporter

      2. 16.35.Powers and duties of the parental order reporter

    12. CHAPTER 12

      1. 16.36.Persons who may not be appointed as children’s guardian, reporting officer or children and family reporter

      2. 16.37.Appointment of the same person as children’s guardian, reporting officer and children and family reporter

    13. CHAPTER 13

      1. 16.38.Officers of the Service, Welsh family proceedings officers and local authority officers acting under certain duties

    14. CHAPTER 14

      1. 16.39.Application for enforcement orders and financial compensation orders: duties of the person notified

  18. PART 17

    1. 17.1.Interpretation

    2. 17.2.Documents to be verified by a statement of truth

    3. 17.3.Failure to verify a statement of case

    4. 17.4.Failure to verify a witness statement

    5. 17.5.Power of the court to require a document to be verified

    6. 17.6.False statements

  19. PART 18

    1. 18.1.Types of application for which Part 18 procedure may be followed

    2. 18.2.Applications for permission to start proceedings

    3. 18.3.Respondents to applications under this Part

    4. 18.4.Application notice to be filed

    5. 18.5.Notice of an application

    6. 18.6.Time when an application is made

    7. 18.7.What an application notice must include

    8. 18.8.Service of a copy of an application notice

    9. 18.9.Applications which may be dealt with without a hearing

    10. 18.10.Service of application notice following court order where application made without notice

    11. 18.11.Application to set aside or vary order made without notice

    12. 18.12.Power of the court to proceed in the absence of a party

    13. 18.13.Dismissal of totally without merit applications

  20. PART 19

    1. 19.1.Types of application for which Part 19 procedure may be followed

    2. 19.2.Applications for which the Part 19 procedure must be followed

    3. 19.3.Contents of the application

    4. 19.4.Issue of application without naming respondents

    5. 19.5.Acknowledgment of service

    6. 19.6.Consequence of not filing an acknowledgment of service

    7. 19.7.Filing and serving written evidence

    8. 19.8.Evidence – general

    9. 19.9.Procedure where respondent objects to use of the Part 19 procedure

  21. PART 20

    1. CHAPTER 1

      1. 20.1.Scope of this Part

      2. 20.2.Orders for interim remedies

      3. 20.3.Time when an order for an interim remedy may be made

      4. 20.4.How to apply for an interim remedy

      5. 20.5.Interim injunction to cease if application is stayed

    2. CHAPTER 2

      1. 20.6.Security for costs

      2. 20.7.Conditions to be satisfied

      3. 20.8.Security for costs of an appeal

  22. PART 21

    1. 21.1.Interpretation

    2. 21.2.Orders for disclosure against a person not a party

    3. 21.3.Claim to withhold inspection or disclosure of a document

  23. PART 22

    1. CHAPTER 1

      1. 22.1.Power of court to control evidence

      2. 22.2.Evidence of witnesses – general rule

      3. 22.3.Evidence by video link or other means

      4. 22.4.Witness statements

      5. 22.5.Service of witness statements for use at the final hearing

      6. 22.6.Use at the final hearing of witness statements which have been served

      7. 22.7.Evidence at hearings other than the final hearing

      8. 22.8.Order for cross-examination

      9. 22.9.Witness summaries

      10. 22.10.Consequence of failure to serve witness statement

      11. 22.11.Cross-examination on a witness statement

      12. 22.12.Affidavit evidence

      13. 22.13.Form of affidavit

      14. 22.14.Affidavit made outside the jurisdiction

      15. 22.15.Notice to admit facts

      16. 22.16.Notice to admit or produce documents

      17. 22.17.Notarial acts and instruments

    2. CHAPTER 2

      1. 22.18.Scope of this Chapter

      2. 22.19.Availability of witness statements for inspection during the final hearing

      3. 22.20.Use of witness statements for other purposes

  24. PART 23

    1. 23.1.Scope and interpretation of this Part

    2. 23.2.Notice of intention to rely on hearsay evidence

    3. 23.3.Circumstances in which notice of intention to rely on hearsay evidence is not required

    4. 23.4.Power to call witness for cross-examination on hearsay evidence

    5. 23.5.Credibility

    6. 23.6.Use of plans, photographs and models etc as evidence

    7. 23.7.Evidence of finding on question of foreign law

    8. 23.8.Evidence of consent of trustee to act

    9. 23.9.Note of oral evidence in magistrates’ courts

  25. PART 24

    1. CHAPTER 1

      1. 24.1.Scope of this Chapter

      2. 24.2.Witness summonses

      3. 24.3.Issue of a witness summons

      4. 24.4.Time for serving a witness summons

      5. 24.5.Who is to serve a witness summons

      6. 24.6.Right of witness to travelling expenses and compensation for loss of time

      7. 24.7.Evidence by deposition

      8. 24.8.Conduct of examination

      9. 24.9.Enforcing attendance of witness

      10. 24.10.Use of deposition at a hearing

      11. 24.11.Restrictions on subsequent use of deposition taken for the purpose of any hearing except the final hearing

      12. 24.12.Where a person to be examined is out of the jurisdiction – letter of request

      13. 24.13.Fees and expenses of examiner of the court

      14. 24.14.Examiners of the court

    2. CHAPTER 2

      1. 24.15.Interpretation

      2. 24.16.Where a person to be examined is in another Regulation State

  26. PART 25

    1. 25.1.Duty to restrict expert evidence

    2. 25.2.Interpretation

    3. 25.3.Experts- overriding duty to the court

    4. 25.4.Court’s power to restrict expert evidence

    5. 25.5.General requirement for expert evidence to be given in a written report

    6. 25.6.Written questions to experts

    7. 25.7.Court’s power to direct that evidence is to be given by a single joint expert

    8. 25.8.Instructions to a single joint expert

    9. 25.9.Power of court to direct a party to provide information

    10. 25.10.Contents of report

    11. 25.11.Use by one party of expert’s report disclosed by another

    12. 25.12.Discussions between experts

    13. 25.13.Expert’s right to ask court for directions

    14. 25.14.Assessors

  27. PART 26

    1. 26.1.Solicitor acting for a party

    2. 26.2.Change of solicitor – duty to give notice

    3. 26.3.Order that a solicitor has ceased to act

    4. 26.4.Removal of solicitor who has ceased to act on application of another party

  28. PART 27

    1. 27.1.Application of this Part

    2. 27.2.Reasons for a decision of the magistrates’ courts

    3. 27.3.Attendance at hearing or directions appointment

    4. 27.4.Proceedings in the absence of a party

    5. 27.5.Application to set aside judgment or order following failure to attend

    6. 27.6.Court bundles and place of filing of documents and bundles

    7. 27.7.Representation of companies or other corporations

    8. 27.8.Impounded documents

    9. 27.9.Official shorthand note etc of proceedings

    10. 27.10.Hearings in private

    11. 27.11.Attendance at private hearings

  29. PART 28

    1. 28.1.Costs

    2. 28.2.Application of other rules

    3. 28.3.Costs in financial remedy proceedings

    4. 28.4.Wasted costs orders in the magistrates’ court: appeals

  30. PART 29

    1. 29.1.Personal details

    2. 29.2.Disclosure of information under the 1991 Act

    3. 29.3.Method of giving notice

    4. 29.4.Withdrawal of applications in proceedings

    5. 29.5.The Human Rights Act 1998

    6. 29.6.Documents in proceedings concerning gender recognition

    7. 29.7.Stamping or sealing court documents

    8. 29.8.Applications for relief which is precluded by the 1991 Act

    9. 29.9.Modification of rule 29.8 where the application is not freestanding

    10. 29.10.Standard requirements

    11. 29.11.Drawing up and filing of judgments and orders

    12. 29.12.Copies of orders made in open court

    13. 29.13.Service of judgments and orders

    14. 29.14.Power to require judgment or order to be served on a party as well as the party’s solicitor

    15. 29.15.When judgment or order takes effect

    16. 29.16.Correction of errors in judgments and orders

  31. PART 30

    1. 30.1.Scope and interpretation

    2. 30.2.Parties to comply with the practice direction

    3. 30.3.Permission

    4. 30.4.Appellant’s notice

    5. 30.5.Respondent’s notice

    6. 30.6.Grounds of appeal

    7. 30.7.Variation of time

    8. 30.8.Stay

    9. 30.9.Amendment of appeal notice

    10. 30.10.Striking out appeal notices and setting aside or imposing conditions on permission to appeal

    11. 30.11.Appeal court’s powers

    12. 30.12.Hearing of appeals

    13. 30.13.Assignment of appeals to the Court of Appeal

    14. 30.14.Reopening of final appeals

  32. PART 31

    1. 31.1.Scope

    2. 31.2.Interpretation

    3. 31.3.Where to start proceedings

    4. 31.4.Application for registration, recognition or non-recognition of a judgment

    5. 31.5.Documents – supplementary

    6. 31.6.Directions

    7. 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

    8. 31.8.Registration for enforcement or order for non-recognition of a judgment

    9. 31.9.Stay of recognition proceedings by reason of an appeal

    10. 31.10.Effect of refusal of application for a decision that a judgment should not be recognised

    11. 31.11.Notification of the court’s decision on an application for registration or non-recognition

    12. 31.12.Effect of registration under rule 31.11

    13. 31.13.The central index of judgments registered under rule 31.11

    14. 31.14.Decision on recognition of a judgment only

    15. 31.15.Appeal against the court’s decision under rules 31.10, 31.11 or 31.14

    16. 31.16.Stay of enforcement where appeal pending in state of origin

    17. 31.17.Enforcement of judgments registered under rule 31.11

    18. 31.18.Request for a certificate or a certified copy of a judgment

    19. 31.19.Certificates issued in England and Wales under Articles 41 and 42 of the Council Regulation

    20. 31.20.Rectification of certificate issued under Article 41 or 42 of the Council Regulation

    21. 31.21.Authentic instruments and agreements under Article 46 of the Council Regulation

    22. 31.22.Application for provisional, including protective measures.

  33. PART 32

    1. CHAPTER 1

      1. 32.1.Scope and interpretation

    2. CHAPTER 2 ETC.

      1. SECTION 1

        1. 32.2.Interpretation

      2. SECTION 2

        etc

        1. 32.3.Registration of a High Court order

        2. 32.4.Notice of Variation etc. of a High Court order

        3. 32.5.Cancellation of registration of a High Court order

        4. 32.6.Application of this Chapter to a county court order

      3. SECTION 3

        etc.

        1. 32.7.Registration of Scottish and Northern Irish orders

        2. 32.8.Application to adduce evidence before High Court

        3. 32.9.Notice of variation etc. of Scottish and Northern Irish orders

        4. 32.10.Cancellation of registration of Scottish and Northern Irish orders

        5. 32.11.Enforcement

        6. 32.12.Inspection of register and copies of order

    3. CHAPTER 3

      1. 32.13.Interpretation

      2. 32.14.Registration of orders – prescribed period

      3. 32.15.Application for registration of a maintenance order in a magistrates’ court

      4. 32.16.Registration in a magistrates’ court of an order registered in the High Court

      5. 32.17.Registration in the High Court of a magistrates’ court order

      6. 32.18.Registration in the High Court of an order registered in a magistrates’ court

      7. 32.19.Variation or discharge of an order registered in a magistrates’ court

      8. 32.20.Variation or discharge of an order registered in the High Court

      9. 32.21.Cancellation of registration – orders registered in the High Court

      10. 32.22.Cancellation of registration – orders registered in a magistrates’ court

    4. CHAPTER 4

      1. 32.23.Interpretation

      2. 32.24.Prescribed officer and functions of the court

      3. 32.25.Application for the registration of an order made by the High Court or a county court

      4. 32.26.Registration of orders made in Scotland, Northern Ireland or a specified dependent territory

      5. 32.27.Revocation and variation of an order made in the High Court or a county court

      6. 32.28.Registration of varied, revoked or recalled orders made in Scotland, Northern Ireland or a specified dependent territory

      7. 32.29.Interim directions

      8. 32.30.Staying and dismissal of enforcement proceedings

      9. 32.31.Particulars of other proceedings

      10. 32.32.Inspection of register

  34. PART 33

    1. CHAPTER 1

      1. 33.1.Application

      2. SECTION 1

        1. 33.2.Application of the Civil Procedure Rules

        2. 33.3.How to apply

        3. 33.4.Transfer of orders

      3. SECTION 2

        1. 33.5.General rule - committal hearings to be in public

        2. 33.6.Proceedings in the principal registry treated as pending in a designated county court

        3. 33.7.Specific modifications of the CCR

        4. 33.8.Section 118 County Courts Act 1984 and the tipstaff

    2. CHAPTER 2

      1. 33.9.Interpretation

      2. 33.10.Application

      3. 33.11.Judgment summons

      4. 33.12.Successive judgment summonses

      5. 33.13.Requirement for personal service

      6. 33.14.Committal on application for judgment summons

      7. 33.15.Orders for the benefit of different persons

      8. 33.16.Hearing of judgment summons

      9. 33.17.Special provisions as to judgment summonses in the High Court

      10. 33.18.Special provisions as to judgment summonses in designated county courts

    3. CHAPTER 3

      1. 33.19.Proceedings in the Principal Registry

    4. CHAPTER 4

      1. 33.20.Applications to vary existing orders

      2. 33.21.Section 103 County Courts Act 1984

    5. CHAPTER 5

      1. 33.22.Application of the CPR

    6. CHAPTER 6

      1. 33.23.Application of the CPR

    7. CHAPTER 7

      1. 33.24.Application of the CPR

    8. CHAPTER 8

      1. 33.25.Application of the CPR

  35. PART 34

    1. 34.1.Scope and interpretation of this Part

    2. 34.2.Meaning of prescribed officer in a magistrates’ court

    3. 34.3.Registration of maintenance orders in magistrates’ courts in England and Wales

    4. CHAPTER 1

      1. 34.4.Interpretation

      2. 34.5.Confirmation of provisional orders made in a reciprocating country

      3. 34.6.Payment of sums due under registered orders

      4. 34.7.Enforcement of sums due under registered orders

      5. 34.8.Prescribed notice for the taking of further evidence

      6. 34.9.Transmission of maintenance orders made in a reciprocating country to the High Court

      7. 34.10.Transmission of maintenance orders made in the High Court to a reciprocating country

      8. 34.11.Inspection of the register in the High Court

    5. CHAPTER 2

      1. 34.12.Interpretation

      2. 34.13.Scope

      3. SECTION 1

        1. 34.14.Application for transmission of maintenance order to reciprocating country

        2. 34.15.Certification of evidence given on provisional orders

        3. 34.16.Confirmation of a provisional order made in a reciprocating country

        4. 34.17.Consideration of revocation of a provisional order made by a magistrates’ court

        5. 34.18.Notification of variation or revocation of a maintenance order by the High Court or a county court

        6. 34.19.Notification of confirmation or revocation of a maintenance order by a magistrates’ court

        7. 34.20.Taking of evidence for court in reciprocating country

        8. 34.21.Request for the taking of evidence by a court in a reciprocating country

        9. 34.22.Transmission of documents

        10. 34.23.Method of payment under registered orders

        11. 34.24.Enforcement of payments under registered orders

        12. 34.25.Notification of registration and cancellation

      4. SECTION 2

        1. SUB-SECTION 1

          Republic of Ireland

          1. 34.26.Application of Section 1 of this Chapter to the Republic of Ireland

        2. SUB-SECTION 2

          Hague Convention Countries

          1. 34.27.Application of Section 1 of this Chapter to the Hague Convention Countries

        3. SUB-SECTION 3

          United States of America

          1. 34.28.Application of Section 1 of this Chapter to the United States of America

    6. CHAPTER 3

      1. SECTION 1

        1. 34.29.Interpretation

        2. 34.30.Registration of maintenance orders

        3. 34.31.Appeal from a decision relating to registration

        4. 34.32.Payment of sums due under a registered order

        5. 34.33.Enforcement of payments under registered orders

        6. 34.34.Variation and revocation of registered orders

        7. 34.35.Transfer of registered order

        8. 34.36.Cancellation of registered orders

      2. SECTION 2

        1. 34.37.Application in a magistrates’ court for a maintenance order, or revocation of a maintenance order, to which the 1982 Act, the Judgments Regulations or the Lugano Convention applies

        2. 34.38.Admissibility of Documents

        3. 34.39.Enforcement of orders of a magistrates’ court

  36. PART 35

    1. 35.1.Scope and Interpretation

    2. 35.2.Relevant disputes: applications for consent orders in respect of financial remedies

    3. 35.3.Mediation evidence: disclosure and inspection

    4. 35.4.Mediation evidence: witnesses and depositions

  37. PART 36

    1. 36.1.Transitional provisions

    2. 36.2.Pilot schemes

  38. GLOSSARY

    1. Scope

      1. This glossary is a guide to the meaning of certain...

  39. Signature

  40. Explanatory Note

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