The Family Procedure Rules 2010

Service of the application E+W

10.3.—(1) In an application made on notice, the applicant must [F1 , subject to any order made under rule 6.35 or 6.36,] serve—

(a) a copy of the application together with any statement in support; and

(b) notice of any hearing or directions appointment set by the court,

on the respondent personally—

(i) not less than 2 days before the hearing; or

(ii) within such period as the court may direct.

[F2 (1A) An application must not be served personally by the applicant himself or herself.]

(2) Where the applicant is acting in person, the applicant may request the court officer to serve the application on the respondent.

(3) In an application for an occupation order under section 33, 35 or 36 of the 1996 Act M1 , the applicant must serve on the mortgagee and any landlord of the dwelling-house in question—

(a) a copy of the application; and

(b) notice of the right to make representations in writing or orally at any hearing.

(4) The applicant must file a certificate of service after serving the application.

(F3 ... )

Textual Amendments

F1 Words in rule 10.3(1) inserted (1.10.2021) by The Family Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/875), rules 1, 7(a)

F2 Rule 10.3(1A) inserted (6.4.2017) by The Family Procedure (Amendment) Rules 2017 (S.I. 2017/413), rules 1, 3(1)

F3 Words in rule 10.3 omitted (1.10.2021) by virtue of The Family Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/875), rules 1, 7(b)

Marginal Citations

M1 Section 33 was amended by section 82 of and paragraphs 4(1), (2), (3), (7), (4)(a) and (b), (5) and 6(a) to (e) of Schedule 9 to the Civil Partnership Act 2004. Section 35 was amended by section 82 of and paragraphs 6(1) to 6(10) of Schedule 9 to that Act. Section 36 was amended by sections 2(2) and 58(1) of and paragraphs 34(1) to (3) of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004 (c.28) and section 82 of and paragraph 7 of Schedule 9 to the Civil Partnership Act 2004.