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The Family Procedure Rules 2010

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  1. Introductory Text

  2. PART 1 OVERRIDING OBJECTIVE

    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

    5. 1.5.The Welsh language

  3. PART 2 APPLICATION AND INTERPRETATION OF THE RULES

    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 lay justice: power to refer to the family 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 Non-court Dispute Resolution

    1. Chapter 1 Interpretation

      1. 3.1.In this Part— “allocation” means allocation of proceedings other than...

    2. Chapter 2: The Court’s Duty and Powers Generally

      1. 3.2.Scope of this Chapter

      2. 3.3.The court’s duty to consider non-court dispute resolution

      3. 3.4.When the court will adjourn proceedings or a hearing in proceedings

    3. Chapter 3: Family Mediation Information and Assessment Meetings (MIAMs)

      1. 3.5.Scope of this Chapter

      2. 3.6.Applications to which the MIAM requirement applies

      3. 3.7.Making an application

      4. 3.8.Circumstances in which the MIAM requirement does not apply (MIAM exemptions and mediator’s exemptions)

      5. 3.9.Conduct of MIAMs

      6. 3.10. MIAM exemption not validly claimed

  5. PART 3A VULNERABLE PERSONS: PARTICIPATION IN PROCEEDINGS AND GIVING EVIDENCE

    1. 3A.1.Interpretation

    2. 3A.2.Application of provisions in this Part

    3. 3A.2A.Court’s duty to consider making participation directions: victims of domestic abuse

    4. 3A.3.Court’s duty to consider vulnerability of other parties or witnesses

    5. 3A.4.Court’s duty to consider how a party can participate in the proceedings

    6. 3A.5.Court’s duty to consider how a party or a witness can give evidence

    7. 3A.6.Protected parties

    8. 3A.7.What the court must have regard to

    9. 3A.8.Measures

    10. 3A.9.When the duties of the court apply and recording reasons for decisions made under this Part

    11. 3A.10.Application for directions under this Part

    12. 3A.11.Procedure where the court makes directions of its own initiative

    13. 3A.12.Functions of officers of the Service and Welsh family proceedings officers

    14. 3A.13.Prohibition of cross-examination in person under Part 4B of the 1984 Act

  6. PART 4 GENERAL CASE MANAGEMENT POWERS

    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

  7. PART 5 FORMS, START OF PROCEEDINGS AND COMMUNICATION WITH THE COURT

    1. 5.A.1.Application

    2. 5.1.Forms

    3. 5.2.Documents to be attached to a form

    4. 5.3.Proceedings are started by issue of application form

    5. 5.4.Where to start proceedings

    6. 5.5.Filing documents with and sending documents to the court by e-mail

    7. 5.6.Documents in the Welsh language

    8. 5.7.Communications with the court

    9. 5.8.Provision in relation to bulk scanning of documents

  8. PART 6 SERVICE

    1. CHAPTER 1 SCOPE OF THIS PART AND INTERPRETATION

      1. 6.1.Part 6 rules about service apply generally

      2. 6.2.Interpretation

    2. CHAPTER 2 SERVICE OF THE APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE JURISDICTION

      1. 6.3.Interpretation

      2. 6.4.Methods of service

      3. 6.5.Who is to serve the application

      4. 6.6.... Respondent to be served

      5. 6.6A.Time for serving an application by the applicant

      6. 6.6B.Extension of time for serving the application

      7. 6.7.Personal service

      8. 6.7A.Email service

      9. 6.8.Service of application by the court

      10. 6.9.Service by the bailiff

      11. 6.10.Where to serve the application – general provisions

      12. 6.11.Service of the application on a solicitor within the jurisdiction ...

      13. 6.12.Service of the application where the respondent gives an address at which the respondent may be served

      14. 6.13.Service of the application where the respondent does not give an address at which the respondent may be served

      15. 6.14.Service of the application on children and protected parties

      16. 6.15.Deemed service – receipt of acknowledgment of service

      17. 6.16.Deemed service by post or alternative service where no acknowledgment of service filed

      18. 6.17.Proof of personal service where no acknowledgment of service filed

      19. 6.18.Proof of service by the court etc.

      20. 6.19.Service of the application by an alternative method or at an alternative place

      21. 6.20.Power of the court to dispense with service of the application

      22. 6.21.Notification of failure of postal service by the court

      23. 6.21A.Notification of failure of email service by the court

      24. 6.22.Notice of non-service by bailiff

    3. CHAPTER 3 SERVICE OF DOCUMENTS OTHER THAN AN APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE UNITED KINGDOM

      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 SERVICE OUT OF THE JURISDICTION

      1. 6.40.Scope and interpretation

      2. 6.41.Permission to serve not required

      3. 6.41A.Time for serving an application for a matrimonial or civil partnership order out of the jurisdiction

      4. 6.41B.Extension of time for serving the application for a matrimonial or civil partnership order

      5. 6.42.Period for acknowledging service or responding to application where application is served out of the jurisdiction

      6. 6.43.Method of service – general provisions

      7. 6.44.Service in accordance with the Service Regulation

      8. 6.45.Service through foreign governments, judicial authorities and British Consular authorities

      9. 6.46.Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities

      10. 6.47.Translation of application form or other document

      11. 6.48.Undertaking to be responsible for expenses of the Foreign and Commonwealth Office

  9. PART 7 PROCEDURE FOR APPLICATIONS IN MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS

    1. CHAPTER 1 APPLICATION AND INTERPRETATION

      1. 7.1.Application and interpretation

    2. CHAPTER 2 RULES ABOUT STARTING PROCEEDINGS

      1. 7.2.Who the parties are

      2. 7.3.Statement of reconciliation

      3. 7.4.Limitation on applications in respect of same marriage or civil partnership

      4. 7.5.Service of application

      5. 7.6.Withdrawal of application before service

      6. 7.7.What the respondent must do on receiving the application

    3. CHAPTER 3 STANDARD CASE

      1. 7.8.Amending an application

      2. 7.9.Applications for conditional order

      3. 7.10.What the court will do on an application for a conditional order, a judicial separation or a separation order

      4. 7.11.What the court must do for the case management hearing

    4. CHAPTER 4 DISPUTED CASE

      1. 7.12.How the respondent can make an application

      2. 7.13.References to respondents

      3. 7.14.Case management hearing

      4. 7.15.Amendment of application and answer

      5. 7.16.Further information about the contents of the application and the answer

      6. 7.17.What the court must do for the case management hearing

    5. CHAPTER 5 PROCEEDINGS AFTER CONDITIONAL ORDER (STANDARD AND DISPUTED CASE)

      1. 7.18.Applications to prevent conditional orders being made final

      2. 7.19.Making conditional orders final by giving notice

      3. 7.20.Applications to make conditional orders final

      4. 7.21.What the court officer must do when a conditional order is made final

      5. 7.22.Applications under section 10(2) of 1973 Act or section 48(2) of 2004 Act

      6. 7.23.Orders under section 10A(2) of the 1973 Act

    6. CHAPTER 6 PROVISIONS SPECIFIC TO NULLITY PROCEEDINGS

      1. 7.24.Respondent to nullity application

      2. 7.25.Supplemental applications

      3. 7.26.Nullity: interim and full gender recognition certificates

      4. 7.27.Nullity: filing an answer

      5. 7.28.Nullity – inspection of certificate of entitlement

      6. 7.29.Medical examinations in proceedings for nullity of a marriage of an opposite sex couple

    7. CHAPTER 7 GENERAL PROVISIONS

      1. 7.30.General rule – hearing to be in public

      2. 7.31.Notice of hearing

      3. 7.32.Further provisions about costs

      4. 7.33.Stay of proceedings

      5. 7.34.The circumstances in which an order may be set aside (rescission)

      6. 7.35.Records of decrees absolute and final orders

  10. PART 8 PROCEDURE FOR MISCELLANEOUS APPLICATIONS

    1. CHAPTER 1 PROCEDURE

      1. 8.1.Procedure

    2. CHAPTER 2 APPLICATION FOR CORRECTED GENDER RECOGNITION CERTIFICATE

      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 APPLICATION FOR ALTERATION OF MAINTENANCE AGREEMENT AFTER DEATH OF ONE PARTY

      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 APPLICATION FOR QUESTION AS TO PROPERTY TO BE DECIDED IN SUMMARY WAY

      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 DECLARATIONS

      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 APPLICATION FOR PERMISSION TO APPLY FOR A FINANCIAL REMEDY AFTER OVERSEAS PROCEEDINGS

      1. 8.23.Scope of this Chapter

      2. 8.24.How to start proceedings

      3. 8.25.Application 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 APPLICATION FOR THE TRANSFER OF A TENANCY UNDER SECTION 53 OF, AND SCHEDULE 7 TO, THE 1996 ACT

      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 APPLICATIONS FOR ORDERS PREVENTING AVOIDANCE UNDER SECTION 32L OF THE CHILD SUPPORT ACT 1991

      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 APPLICATION FOR CONSENT TO MARRIAGE OF A CHILD OR TO REGISTRATION OF CIVIL PARTNERSHIP OF A CHILD

      1. 8.41.Scope of this Chapter

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

      3. 8.43.Who the respondents are

  11. PART 9 APPLICATIONS FOR A FINANCIAL REMEDY

    1. CHAPTER 1 APPLICATION AND INTERPRETATION

      1. 9.1.Application

      2. 9.2.Application of Magistrates' Courts Rules 1981

      3. 9.3.Interpretation

    2. CHAPTER 2 PROCEDURE FOR APPLICATIONS

      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

      7. 9.9A.Application to set aside a financial remedy order

      8. 9.9B.Standard and fast-track procedures for financial remedy proceedings

    3. CHAPTER 3 APPLICATIONS FOR FINANCIAL REMEDIES FOR CHILDREN

      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 STANDARD PROCEDURE

      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 FAST-TRACK PROCEDURE

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

      2. 9.18A.Request for change of procedure

      3. 9.19.Procedure before the first hearing

      4. 9.20.Consideration of the application at the first hearing

      5. 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

      6. 9.21A.Duty to make entries in the court’s register

    6. Chapter 5A Certain applications

      1. 9.22.Application for a maintenance order, or revocation of a maintenance order to which the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies

      2. 9.23.Duty to make entries in the court's register

    7. CHAPTER 6 GENERAL PROCEDURE

      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

      4. 9.26A.Questions as to the court’s jurisdiction or whether the proceedings should be stayed

      5. 9.26AA.International Maintenance Obligations: Communication with the Central Authority for England and Wales

      6. 9.26B. Adding or removing parties

      7. 9.26C.Method of making periodical payments

      8. 9.26D.Court officer to notify subsequent marriage or formation of civil partnership of a person entitled to payments under a maintenance order

      9. 9.26E.Enforcement and apportionment where periodical payments are made under more than one order

    8. CHAPTER 7 ESTIMATES OF COSTS

      1. 9.27.Estimates of Costs

      2. 9.27A.Duty to make open proposals after a FDR appointment or where there has been no FDR appointment

      3. 9.28.Duty to make open proposals before a final hearing

    9. CHAPTER 8 PENSIONS

      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

    10. CHAPTER 9 PENSION PROTECTION FUND COMPENSATION

      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. CHAPTER 10 COMMUNICATION OF INFORMATION FROM FINANCIAL REMEDY PROCEEDINGS

      1. 9.46.Communication of information: Practice Direction 9B

  12. PART 10 APPLICATIONS UNDER PART 4 OF THE FAMILY LAW ACT 1996

    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 ...

    12. 10.12.Enforcement of an order: requirement for a penal notice

    13. 10.13.Enforcement of an undertaking

    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

  13. PART 11 APPLICATIONS UNDER PART 4A OF THE FAMILY LAW ACT 1996 OR PART 1 OF SCHEDULE 2 TO THE FEMALE GENITAL MUTILATION ACT 2003

    1. 11.1.Scope and interpretation

    2. 11.2.Applications

    3. 11.2A.Directions about service

    4. 11.3.Permission to apply

    5. 11.4.Service of applications on notice

    6. 11.5.Transfer of proceedings

    7. 11.6.Parties

    8. 11.7.Hearings and service of orders

    9. 11.8.Orders made by the court of its own initiative

    10. 11.9.Representations in respect of orders

    11. 11.10.Applications to vary, extend or discharge an order

    12. 11.11.Orders containing provisions to which a power of arrest is attached

    13. 11.12.Notifying the police

    14. 11.13.Application for issue of warrant for arrest

    15. 11.14.Proceedings following arrest

    16. 11.15.Enforcement of orders and undertakings

    17. 11.16.Power to adjourn the hearing for consideration of the penalty

    18. 11.17.Hospital orders or guardianship orders under the Mental Health Act 1983

    19. 11.18.Transfer directions under section 48 of the Mental Health Act 1983

    20. 11.19.Recognizances

  14. PART 12 CHILDREN PROCEEDINGS EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS

    1. CHAPTER 1 INTERPRETATION AND APPLICATION OF THIS PART

      1. 12.1.Application of this Part

      2. 12.2.Interpretation

    2. CHAPTER 2 GENERAL RULES

      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

      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 SPECIAL PROVISIONS ABOUT PUBLIC LAW PROCEEDINGS

      1. 12.22.Timetable for the proceedings

      2. 12.23.Application of rules 12.24 to 12.26C

      3. 12.24.Directions

      4. 12.25.The Case Management Hearing and the Issues Resolution Hearing

      5. 12.26.Discussion between advocates

      6. 12.26A.Application for extension of the time limit for disposing of the application

      7. 12.26B.Disapplication of rule 4.1(3)(a) court’s power to extend or shorten the time for compliance with a rule

      8. 12.26C.Extension of time limit: reasons for court’s decision

      9. 12.27.Matters prescribed for the purposes of the Act

      10. 12.28.Exclusion requirements: interim care orders and emergency protection orders

      11. 12.29.Notification of consent

      12. 12.30.Proceedings for secure accommodation orders: copies of reports

    4. CHAPTER 4 SPECIAL PROVISIONS ABOUT PRIVATE LAW PROCEEDINGS

      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 SPECIAL PROVISIONS ABOUT INHERENT JURISDICTION PROCEEDINGS

      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

      8. 12.42A.Application for a writ of habeas corpus for release in relation to a minor

      9. 12.42B.Application to set aside an inherent jurisdiction order

    6. CHAPTER 6 PROCEEDINGS UNDER THE 1980 HAGUE CONVENTION, THE EUROPEAN CONVENTION, ... AND THE 1996 HAGUE CONVENTION

      1. 12.43.Scope

      2. SECTION 1 Proceedings under the 1980 Hague Convention or the European Convention

        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. 12.52A.Application to set aside a return order under the 1980 Hague Convention

        11. 12.53.Stay of proceedings where application made under s.16 of the 1985 Act (registration of decisions under the European Convention)

        12. 12.54.Transfer of proceedings

        13. 12.55.Revocation and variation of registered decisions

        14. 12.56.The central index of decisions registered under the 1985 Act

        15. 12.57.Disclosure of information in proceedings under the European Convention

      3. SECTION 2 Applications relating to ... the 1996 Hague Convention

        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 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 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 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 ... 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 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 ... 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 6A Special provision about return proceedings with links to asylum claims

      1. 12.71A.(1) In this rule— “ child concerned ” means the...

    8. CHAPTER 7 COMMUNICATION OF INFORMATION: CHILDREN PROCEEDINGS

      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

  15. PART 13 PROCEEDINGS UNDER SECTION 54 OR SECTION 54A OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 2008

    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

  16. PART 14 PROCEDURE FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS

    1. 14.1.Application of this Part and interpretation

    2. 14.2. Assignment of 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. Notice to 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

  17. PART 15 REPRESENTATION OF PROTECTED PARTIES

    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

  18. PART 16 REPRESENTATION OF CHILDREN AND REPORTS IN PROCEEDINGS INVOLVING CHILDREN

    1. CHAPTER 1 APPLICATION OF THIS PART

      1. 16.1.Application of this Part

    2. CHAPTER 2 CHILD AS PARTY IN FAMILY PROCEEDINGS

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

    3. CHAPTER 3 WHEN A CHILDREN'S GUARDIAN OR LITIGATION FRIEND WILL BE APPOINTED

      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 WHERE A CHILDREN'S GUARDIAN OR LITIGATION FRIEND IS NOT REQUIRED

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

    5. CHAPTER 5 LITIGATION FRIEND

      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 CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.3

      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 CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.4

      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 DUTIES OF SOLICITOR ACTING FOR THE CHILD

      1. 16.29.Solicitor for child

    9. CHAPTER 9 REPORTING OFFICER

      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 CHILDREN AND FAMILY REPORTER AND WELFARE OFFICER

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

    11. CHAPTER 11 PARENTAL ORDER REPORTER

      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 SUPPLEMENTARY APPOINTMENT PROVISIONS

      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 OFFICERS OF THE SERVICE, WELSH FAMILY PROCEEDINGS OFFICERS AND LOCAL AUTHORITY OFFICERS: FURTHER DUTIES

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

    14. CHAPTER 14 ENFORCEMENT ORDERS AND FINANCIAL COMPENSATION ORDERS: PERSONS NOTIFIED

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

  19. PART 17 STATEMENTS OF TRUTH

    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

  20. PART 18 PROCEDURE FOR OTHER APPLICATIONS IN PROCEEDINGS

    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

  21. PART 19 ALTERNATIVE PROCEDURE FOR APPLICATIONS

    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

  22. PART 20 INTERIM REMEDIES AND SECURITY FOR COSTS

    1. CHAPTER 1 INTERIM REMEDIES

      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 SECURITY FOR COSTS

      1. 20.6.Security for costs

      2. 20.7.Conditions to be satisfied

      3. 20.8.Security for costs of an appeal

  23. PART 21 MISCELLANEOUS RULES ABOUT DISCLOSURE AND INSPECTION OF DOCUMENTS

    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

  24. PART 22 EVIDENCE

    1. CHAPTER 1 GENERAL RULES

      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 RULES APPLYING ONLY TO PARTICULAR PROCEEDINGS

      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

  25. PART 23 MISCELLANEOUS RULES ABOUT EVIDENCE

    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 ...

  26. PART 24 WITNESSES AND DEPOSITIONS GENERALLY

    1. CHAPTER 1 WITNESSES AND DEPOSITIONS

      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 TAKING OF EVIDENCE – MEMBER STATES OF THE EUROPEAN UNION

      1. 24.15.Interpretation

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

  27. PART 25 EXPERTS AND ASSESSORS

    1. 25.1.Duty to restrict expert evidence

    2. 25.2.Interpretation

    3. 25.3.Experts-overriding duty to the court

    4. 25.4.Control of expert evidence in proceedings other than children proceedings

    5. 25.5.Further provisions about the court’s power to restrict expert evidence

    6. 25.6.When to apply for the court’s permission

    7. 25.7.What an application notice requesting the court’s permission must include

    8. 25.8.Where permission is granted

    9. 25.9.General requirement for expert evidence to be given in a written report

    10. 25.10.Written questions to experts

    11. 25.11.Court’s power to direct that evidence is to be given by a single joint expert

    12. 25.12.Instructions to a single joint expert

    13. 25.13.Power of court to direct a party to provide information

    14. 25.14.Contents of report

    15. 25.15.Use by one party of expert’s report disclosed by another

    16. 25.16.Discussions between experts

    17. 25.17.Expert’s right to ask court for directions

    18. 25.18.Copies of orders and other documents

    19. 25.19.Action after final hearing

    20. 25.20.Assessors

  28. PART 26 CHANGE OF SOLICITOR

    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

  29. PART 27 HEARINGS AND DIRECTIONS APPOINTMENTS

    1. 27.1.Application of this Part

    2. 27.2.Reasons for a decision : proceedings before a lay justice or justices

    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.Recording, transcription and informal notes of proceedings

    10. 27.10.Hearings in private

    11. 27.11.Attendance at private hearings

  30. PART 28 COSTS

    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

  31. PART 29 MISCELLANEOUS

    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.Access to and inspection of documents retained in 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

    17. 29.17.Transfer of proceedings

    18. 29.18.Application for change of area

    19. 29.19.Allocation of proceedings to another level of judge

  32. PART 30 APPEALS

    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 outappeal 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. 30.12A.Appeal court’s power to order that hearing of appeal be held in public

    14. 30.13.Assignment of appeals to the Court of Appeal

    15. 30.14.Reopening of final appeals

  33. PART 31 REGISTRATION OF ORDERS UNDER THE COUNCIL REGULATION, THE CIVIL PARTNERSHIP (JURISDICTION AND RECOGNITION OF JUDGMENTS) REGULATIONS 2005 , THE MARRIAGE (SAME SEX COUPLES) (JURISDICTION AND RECOGNITION OF JUDGMENTS) REGULATIONS 2014 AND UNDER THE HAGUE CONVENTION 1996

    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.

  34. PART 32 REGISTRATION AND ENFORCEMENT OF ORDERS

    1. CHAPTER 1 SCOPE AND INTERPRETATION OF THIS PART

      1. 32.1.Scope and interpretation

    2. CHAPTER 2 REGISTRATION ETC. OF ORDERS UNDER THE 1950 ACT

      1. SECTION 1 Interpretation of this Chapter

        1. 32.2.Interpretation

      2. SECTION 2 Registration etc of High Court and family court orders

        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 by the court of registration

        4. 32.5A.Cancellation of registration of a High Court order by the High Court

        5. 32.6.Application of this Chapter to a family court order

        6. 32.6A.Variation of a family court order: section 22(1) of the 1950 Act

        7. 32.6B.Application to adduce evidence: section 22(5) of the 1950 Act

      3. SECTION 3 Registration etc. of Scottish and Northern Irish orders

        1. 32.7.Registration of Scottish and Northern Irish orders

        2. 32.8.Application to adduce evidence: sections 21(2) and 22(5) of the 1950 Act

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

        4. 32.9A.Variation of Scottish and Northern Irish orders by the family court

        5. 32.10.Cancellation of registration of Scottish and Northern Irish orders

        6. 32.10A.Payments under a maintenance order registered in the family court

        7. 32.11.Enforcement

        8. 32.12.Inspection of register and copies of order

        9. 32.12A.Notices and certificates: section 19(4), 20(1) and 24(5) and (5A) of the 1950 Act

    3. CHAPTER 3 REGISTRATION OF MAINTENANCE ORDERS UNDER THE 1958 ACT

      1. 32.13.Interpretation

      2. 32.14.Registration of orders – prescribed period

      3. 32.15.Application for registration of a maintenance order in the family court – procedure in the High Court

      4. 32.15A.Application for registration of a maintenance order in the family court – procedure in the family court

      5. 32.16.Registration in the family court of an order registered in the High Court - procedure in the High Court

      6. 32.16A.Registration in the family court of an order registered in the High Court – procedure in the family court

      7. 32.17.Registration in the High Court of a magistrates' court order

      8. 32.18.Registration in the High Court of an order registered in a magistrates' court

      9. 32.19.Variation or discharge of an order registered in the family court – procedure in the High Court

      10. 32.19A.Variation, remission, discharge or cancellation of registration of an order registered in the family court – procedure in the family court

      11. 32.20.Variation or discharge of an order registered in the High Court

      12. 32.21.Cancellation of registration – orders registered in the High Court

      13. 32.22.Cancellation of registration – orders registered in the family court

      14. 32.22A.Notices: payments made through the family court

      15. 32.22B.Method of payment

      16. 32.22C.Variation of method of payment

      17. 32.22D.Notices received from another court or from a person entitled to payments

    4. CHAPTER 4 REGISTRATION AND ENFORCEMENT OF CUSTODY ORDERS UNDER THE 1986 ACT

      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 the family 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 the family 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

    5. Chapter 5 Ability of a court officer to take enforcement proceedings in relation to certain orders for periodical payments

      1. 32.33.Court officers and enforcement proceedings

  35. PART 33 ENFORCEMENT

    1. CHAPTER 1 GENERAL RULES

      1. 33.1.Application

      2. SECTION 1 Enforcement of orders for the payment of money

        1. 33.2.Application of the Civil Procedure Rules

        2. 33.3.How to apply

        3. 33.4.Transfer of orders

      3. SECTION 2 Committal and injunction

        1. 33.5.Enforcement of orders by way of committal

        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 COMMITTAL BY WAY OF JUDGMENT SUMMONS

      1. 33.9.Interpretation

      2. 33.10.Application

      3. 33.11.Judgment summons

      4. 33.12.Successive judgment summonses

      5. 33.13.Order or summons to attend adjourned hearing: requirement for personal service

      6. 33.14.Committal on application for judgment summons

      7. 33.14A.Expenses

      8. 33.15.Orders for the benefit of different persons

      9. 33.16.Hearing of judgment summons

      10. 33.17.Special provisions as to judgment summonses in the High Court

      11. 33.18.Special provisions as to judgment summonses in designated county courts

    3. CHAPTER 3 ATTACHMENT OF EARNINGS

      1. 33.19.Enforcement by attachment of earnings order

      2. 33.19A.Application of CCR Order 27: enforcement of a maintenance order

    4. CHAPTER 4 WARRANT OF CONTROL

      1. 33.20.Applications to vary existing orders

      2. 33.21.Section 103 County Courts Act 1984

    5. CHAPTER 5 COURT'S POWER TO APPOINT A RECEIVER

      1. 33.22.Application of the CPR

    6. CHAPTER 6 ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS

      1. 33.23.Application of the CPR

    7. CHAPTER 7 THIRD PARTY DEBT ORDERS

      1. 33.24.Application of the CPR

    8. CHAPTER 8 CHARGING ORDER, STOP ORDER, STOP NOTICE

      1. 33.25.Application for a charging order, stop order or stop notice

  36. PART 34 RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS

    1. 34.1.Scope and interpretation of this Part

    2. 34.2.Meaning of prescribed officer in the family court

    3. 34.3.Registration of maintenance orders in the family court

    4. CHAPTER 1 ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT 1920

      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. Collection and 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 ENFORCEMENT OF MAINTENANCE ORDERS UNDER PART 1 OF THE 1972 ACT

      1. 34.12.Interpretation

      2. 34.13.Scope

      3. SECTION 1 Reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act

        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 the family court

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

        6. 34.19.Notification of confirmation , variation or revocation of a maintenance order by the family 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 Modification of rules in Section 1 of this Chapter

        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

      5. SECTION 3 Proceedings in a Hague Convention Country or in the United States of America

        1. 34.28ZA.Notification of proceedings in a Hague Convention Country or in the United States of America

      6. SECTION 4 Reciprocal enforcement of claims for the recovery of maintenance

        1. 34.28ZB.Interpretation

        2. 34.28ZC.Dismissal of an application under section 27A of the 1972 Act or application for variation

        3. 34.28ZD.Application for recovery of maintenance in England and Wales: section 27B of the 1972 Act

        4. 34.28ZE.Application under section 26(1) or (2) of the 1972 Act and certificate under section 26(3A) of the 1972 Act: registration

        5. 34.28ZF.Registration of an order: sections 27C(7) and 32(3) and (6) of the 1972 Act

        6. 34.28ZG.Payments made to the family court

        7. 34.28ZH.Method of payment

        8. 34.28ZI.Application under section 34 of the 1972 Act: variation or revocation

        9. 34.28ZJ.Application under section 35 of the 1972 Act: variation or revocation

        10. 34.28ZK.Request under section 38(1) of the 1972 Act to the family court

        11. 34.28ZL.Request under section 38(1) of the 1972 Act to the officer of the court

        12. 34.28ZM.Onward transmission of documents

    6. CHAPTER 3 ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE 2007 HAGUE CONVENTION

      1. 34.28A.Application of this Chapter

      2. SECTION 1 Registration and Enforcement in a Magistrates' Court of Maintenance Orders made in a State bound by the 2007 Hague Convention

        1. 34.29.Interpretation

        2. 34.29A.Application under Article 30 of the Maintenance Regulation or under Article 23 of the 2007 Hague Convention for a declaration of enforceability

        3. 34.30.Registration of maintenance orders

        4. 34.31.Appeal from a decision relating to registration

        5. 34.32.Payment of sums due under a registered order

        6. 34.33.Enforcement of payments under registered orders

        7. 34.34.Variation and revocation of registered orders

        8. 34.35.Registered order: payer residing in an area covered by a different Maintenance Enforcement Business Centre

        9. 34.36.Cancellation of registered orders

        10. 34.36A.Directions as to stays, documents and translations

        11. 34.36B.International Maintenance Obligations; Communication with the Central Authority for England and Wales

        12. 34.36C.The Maintenance Regulation: applications for enforcement or for refusal or suspension of enforcement

      3. SECTION 2 Reciprocal enforcement in a Contracting State or a Member State of the European Union of Orders of a court in England and Wales

        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 the family court

        4. 34.40.Enforcement of orders of the High Court or the family court

  37. PART 35 MEDIATION DIRECTIVE

    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

  38. PART 36 TRANSITIONAL ARRANGEMENTS AND PILOT SCHEMES

    1. 36.1.Transitional provisions

    2. 36.2.Pilot schemes

    3. 36.2A.Domestic Abuse Act 2021: provision during pilot commencement of Part 3

    4. 36.3.Temporary modifications for coronavirus or other emergency

  39. PART 37 APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT

    1. 37.1.Scope

    2. 37.2.Interpretation

    3. 37.3.How to make a contempt application

    4. 37.4.Requirements of a contempt application

    5. 37.5.Service of a contempt application

    6. 37.6.Cases where no application is made

    7. 37.7.Directions for hearing of contempt proceedings

    8. 37.8.Hearings and judgments in contempt proceedings

    9. 37.9.Powers of the court in contempt proceedings

    10. 37.10.Applications to discharge committal orders

  40. PART 38 RECOGNITION AND ENFORCEMENT OF PROTECTION MEASURES

    1. CHAPTER 1 SCOPE AND INTERPRETATION OF THIS PART

      1. 38.1.Scope and interpretation

    2. CHAPTER 2 CERTIFICATES FOR OUTGOING PROTECTION MEASURES

      1. 38.2.Application for an Article 5 certificate

      2. 38.3.The court to which an application for an Article 5 certificate must be made

      3. 38.4.When a request for a translation of an Article 5 certificate may be made

      4. 38.5.The court to which a request for translation of an Article 5 certificate must be made

      5. 38.6.Service requirements under Article 6

      6. 38.7.Notification of the certificate under Article 8

      7. 38.8.Rectification of an Article 5 certificate

      8. 38.9.Withdrawal of an Article 5 certificate

      9. 38.10.When an application for an Article 14 certificate may be made

      10. 38.11.The court to which an application for an Article 14 certificate must be made

    3. CHAPTER 3 INCOMING PROTECTION MEASURES

      1. 38.12.Application for adjustment under Article 11

      2. 38.13.Notification of the adjustment under Article 11

      3. 38.14.Application for refusal of recognition or enforcement under Article 13

      4. 38.15.Application under Article 14(2)

  41. PART 39 ATTACHMENT OF EARNINGS

    1. CHAPTER I GENERAL

      1. 39.1.Application of this Part

      2. 39.2.Interpretation of this Part

      3. 39.3.Search of court records

    2. CHAPTER 2 SECURING PAYMENTS UNDER A MAINTENANCE ORDER IN THE FAMILY COURT – ATTACHMENT OF EARNINGS ORDER

      1. 39.4.Where to apply

      2. 39.5.Application for an attachment of earnings order

      3. 39.6.Service and reply

      4. 39.7.Notice to the debtor’s employer

      5. 39.8.Attachment of earnings order

      6. 39.9.Failure by debtor

      7. 39.10.Enforcement under section 23(1) of the 1971 Act

      8. 39.11.Suspended committal order

      9. 39.12.Costs

      10. 39.13.Contents and service of the order

      11. 39.14.Application to determine whether particular payments are earnings

      12. 39.15.Notice that an order has ceased to have effect

      13. 39.16.Variation and discharge by the court of its own initiative

      14. 39.17.Change of Designated Family Judge area

      15. 39.18.Exercise of power to obtain statement of earnings etc.

      16. 39.19.Offences

      17. 39.20.Permission to enforce arrears

    3. CHAPTER 3 SECURING PAYMENTS UNDER A MAINTENANCE ORDER IN THE HIGH COURT – ATTACHMENT OF EARNINGS ORDER

      1. 39.21.Where an application is made to the High Court under...

  42. PART 40 CHARGING ORDER, STOP ORDER, STOP NOTICE

    1. CHAPTER 1 GENERAL

      1. 40.1.Application of this Part

      2. 40.2.Interpretation of this Part

    2. CHAPTER 2 CHARGING ORDERS

      1. 40.3.Scope of this Chapter

      2. 40.4.Application for a charging order

      3. 40.5.Interim charging order

      4. 40.6.Service of an interim charging order

      5. 40.7.Effect of interim charging order in relation to securities

      6. 40.8.Further consideration of the application

      7. 40.9.Discharge or variation of order

    3. CHAPTER 3 STOP ORDERS

      1. 40.10.Interpretation

      2. 40.11.Application for a stop order

      3. 40.12.Stop order relating to securities

      4. 40.13.Variation or discharge of order

    4. CHAPTER 4 STOP NOTICES

      1. 40.14.General

      2. 40.15.Request for a stop notice

      3. 40.16.Effect of a stop notice

      4. 40.17.Amendment of a stop notice

      5. 40.18.Withdrawal of a stop notice

      6. 40.19.Discharge or variation of a stop notice

      7. 40.20.Practice Direction

  43. PART 41 PROCEEDING BY ELECTRONIC MEANS

    1. 41.1.Provision for proceeding by electronic means

  44. GLOSSARY

    1. Scope

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

  45. Signature

  46. Explanatory Note

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