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The Family Proceedings Rules (Northern Ireland) 1996

Rule 2.1

APPENDIX 1

Form M1Originating Summons

Form M2Heading of Petition

Form M3General Hearing of Proceedings

Rule 2.3(2)

Form M4Statement of Arrangements for Children

Rule 2.6(4)

Form M5Notice of Proceedings

[Heading as in Form M3]

Rule 2.10(1)

Form M6Acknowledgement of Service

Rule 2.10(3)

Form M7Affidavit of Service

[Heading as in Form M3]

Rule 2.28(2)

Form M8Certificate of Readiness

[Heading as in Form M3]

Rule 2.39(1)

Form M9Notice under Rule 2.39

[Heading as in Form M3]

Rule 2.52(1)

Form M10Notice of Application for Decree Nisi to be made Absolute

[Heading as in Form M3]

Rule 2.54(2)

Form M11Certificate of Making Decree Nisi Absolute (Divorce)

[Heading as in Form M3]

Rule 2.54(2)

Form M12Certificate of Making Decree Nisi Absolute (Nullity)

[Heading as in Form M3]

Rule 2.55(2) and (3)

Form M13Notice of Application for Ancillary Relief

[Heading as in Form M3]

Rule 2.48

Form M14Notice of Application under Rule 2.48

[Heading as in Form M3]

Rule 2.60(1)

Form M15Notice of Intention to proceed with Application for Ancillary Relief made in Petition or Answer

[Heading as in Form M3]

Rule 2.63

Form M16Notice of Allegation in Proceedings for Ancillary Relief

[Heading as in Form M3]

Rule 2.70(2)

Form M17Notice of Request for Periodical Payments Order at same rate as Order for Maintenance pending suit

[Heading as in Form M3]

Rule 3.1(1)

Form M18Originating Summons for Maintenance

In the High Court of Justice in Northern Ireland

Rule 3.1(5)

Form M19Notice under Rule 3.1(5)

[Heading as in Form M18]

Rule 3.4(1)

Form M20Originating Summons for Alteration of Maintenance Agreement during the Lifetime of the Parties

Rule 3.5(1)

Form M21Originating Summons for Alteration of Maintenance Agreement after the Death of one of the Parties

Rule 6.4(2)

Form M22Notice to be Indorsed on Document served in accordance with Rule 6.4

Rule 8.20(2)

Form M23Affidavit and Notice under Rule 8.20

[Heading as in Form M3]

Rule 8.28(2)

Form M24Summons under Rule 8.28

[Heading as in Form M3]

Rule 8.29

Form M25Judgment Summons (Seal)

[Heading as in Form M3]

Rule 3.11(11)

Form M26Declaration as to Marital status under Article 31 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989

Rule 3.12(1)

Form M27Ex Parte originating Summons under Article 17 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989

Rule 3.13(1)

Form M28Originating Summons under Article 16 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989

Rule 3.14(1)

Form M29Originating Summons under Article 28 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989

Rule 3.13(2) 3.14(2)

Form M30Notice of Proceedings and Acknowledgement of Service

Rule 7.14(1)

Form M31Notice under Rule 7.13(1)

[Heading as in Form M3]

FORM C1APPLICATION FOR AN ORDER

Children (Northern Ireland) Order 1995

FORM C2APPLICATION

FORM C3

FORM C3A

FORM C4ACKNOWLEDGEMENT

FORM C5CONFIDENTIAL ADDRESS

Family Proceedings Rules (Northern Ireland) 1996: Rule 7.16(2)

FORM C6STATEMENT OF SERVICE

Family Proceedings Rules (Northern Ireland) 1996: Rule 4.9(5)

FORM C7SUPPLEMENT FOR AN APPLICATION FOR FINANCIAL PROVISION FOR A CHILD OR VARIATION OF FINANCIAL PROVISION FOR A CHILD

Schedule 1 Children (Northern Ireland) Order 1995

FORM C7ASTATEMENT OF MEANS

Schedule 1 Children (Northern Ireland) Order 1995

FORM C8SUPPLEMENT FOR AN APPLICATION FOR AN EMERGENCY PROTECTION ORDER

Article 63 Children (Northern Ireland) Order 1995

FORM C9SUPPLEMENT FOR AN APPLICATION FOR A WARRANT TO ASSIST A PERSON AUTHORISED BY AN EMERGENCY PROTECTION ORDER

Article 67 Children (Northern Ireland) Order 1995

FORM C10SUPPLEMENT FOR AN APPLICATION FOR A CARE OR SUPERVISION ORDER

Article 50 Children (Northern Ireland) Order 1995

FORM C11SUPPLEMENT FOR AN APPLICATION FOR AUTHORITY TO REFUSE CONTACT WITH A CHILD IN CARE

Article 53(4) Children (Northern Ireland) Order 1995

FORM C12SUPPLEMENT FOR AN APPLICATION FOR CONTACT WITH A CHILD IN CARE

Article 53(2) and (3) Children (Northern Ireland) Order 1995

FORM C13SUPPLEMENT FOR AN APPLICATION FOR A CHILD ASSESSMENT ORDER

Article 62 Children (Northern Ireland) Order 1995

FORM C14SUPPLEMENT FOR AN APPLICATION FOR AN EDUCATION SUPERVISION ORDER

Article 55 Children (Northern Ireland) Order 1995

FORM C14ASUPPLEMENT FOR AN APPLICATION FOR AN EXTENSION OF AN EDUCATION SUPERVISION ORDER

Paragraph 5(2) of Schedule 4 to the Children (Northern Ireland) Order 1995

FORM C15SUPPLEMENT FOR AN APPLICATION FOR A RECOVERY ORDER

Article 69 Children (Northern Ireland) Order 1995

FORM C16APPLICATION FOR A WARRANT OF ASSISTANCE

Article 178 Children (Northern Ireland) Order 1995

FORM C17SUPPLEMENT FOR AN APPLICATION FOR AN ORDER TO HOLD A CHILD IN SECURE ACCOMMODATION

Article 44 Children (Northern Ireland) Order 1995

FORM C18IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C19IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C20IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C21IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C22IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C23IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C24IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C25IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C26IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C27IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C28IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C29IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C30IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C31IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C32IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

[In the High Court of Justice in Northern Ireland]

FORM C33IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C34IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C35IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C36IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM 37IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C38IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C39IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C40IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C41IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C42IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C43IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

APPENDIX 2Contents of Petition

(Unless otherwise directed under Rule 2.4)

1.  Every petition shall state:—

(a)the names of the parties to the marriage and the date and place of the marriage;

(b)the last address at which the parties to the marriage have lived together as husband and wife;

(c)where it is alleged that the court has jurisdiction based on domicile—

(i)the country in which the petitioner is domiciled, and

(ii)if that country is not Northern Ireland, the country in which the respondent is domiciled;

(d)where it is alleged that the court has jurisdiction based on habitual residence—

(i)the country in which the petitioner has been habitually resident throughout the period of one year ending with the date of the presentation of the petition, or

(ii)if the petitioner has not been habitually resident in Northern Ireland, the country in which the respondent has been habitually resident during that period,

with details in either case, including the addresses of the places of residence and the length of residence at each place;

(e)the occupation and residence of the petitioner and the respondent;

(f)whether there are any living children of the family and, if so—

(i)the number of such children and the full names (including surname) of each and his date of birth or (if it be the case) that he is over 18 years of age; and

(ii)in the case of each minor child over the age of 16, whether he is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation;

(g)whether (to the knowledge of the petitioner in the case of a husband’s petition) any other child now living has been born to the wife during the marriage, and if so, the full names (including surname) of the child and his date of birth, or, if it be the case, that he is over 18 years of age;

(h)if it be the case, that there is a question whether a living child is a child of the family;

(i)where an application is being made for periodical payments or secured periodical payments for a child of the family,

(i)whether the application is

  • for a stepchild;

  • in addition to child support maintenance; already payable under a Child Support Agency assessment;

  • to meet expenses arising from a child’s disability;

  • to meet expenses incurred by a child being educated or trained for work;

  • on some other specified ground; or

(ii)that the child or the person with care of the child or the absent parent of the child is not habitually resident in the United Kingdom;

(j)whether or not there have been any applications under the Order of 1991 for a maintenance assessment in respect of any child of the family and if so

(i)the date of any such application, and

(ii)if available, details of the assessment made;

(k)whether or not there are or have been any other proceedings in any court in Northern Ireland or elsewhere with reference to the marriage or to any children of the family or between the petitioner and the respondent with reference to any property of either or both of them, and, if so—

(i)the nature of the proceedings,

(ii)the date and effect of any decree or order, and

(iii)in the case of proceedings with reference to the marriage, whether there has been any resumption of cohabitation since the making of the decree or order;

(l)whether there are any proceedings continuing in any country outside Northern Ireland which relate to the marriage or are capable of affecting its validity of subsistence and, if so—

(i)particulars of the proceedings, including the court in or tribunal or authority before which they were begun,

(ii)the date when they were begun,

(iii)the names of the parties,

(iv)the date or expected date of any trial in the proceedings, and

(v)such other facts as may be relevant to the question whether the proceedings on the petition should be stayed under Schedule 1 to the Order of 1978;

and such proceedings shall include any which are not instituted in a court of law in that country, if they are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status, and shall be treated as continuing if they have been begun and have not been finally disposed of;

(m)where the fact on which the petition is based is 5 years' separation, whether any, and if so what, agreement or arrangement has been made or is proposed to be made between the parties for the support of the respondent or, as the case may be, the petitioner or any child of the family;

(n)in the case of a petition for divorce under Article 3(2)(e) of the Order of 1978 whether the petitioner proposes if a decree nisi is granted to make any financial provision for the respondent giving details of any proposal not mentioned under paragraph (k);

(o)in the case of a petition for divorce, that the marriage has broken down irretrievably;

(p)the fact alleged by the petitioner for the purposes of Article 3(2) of the Order of 1978 or, where the petition is not for divorce or judicial separation, the ground on which relief is sought, together in any case with brief particulars of the individual facts relied on but not the evidence by which they are to be proved;

(q)any further or other information required by such of the following paragraphs and by rule 88 as may be applicable.

2.  A petition for a decree of nullity under Article 14(e) or (f) of the Order of 1978 shall state whether the petitioner was at the time of the marriage ignorant of the facts alleged.

3.  A petition for a decree of presumption of death and dissolution of marriage shall state:—

(a)the last place at which the parties to the marriage cohabited;

(b)the circumstances in which the parties ceased to cohabit;

(c)the date when and the place where the respondent was last seen or heard of; and

(d)the steps which have been taken to trace the respondent.

4.  Every petition shall conclude with—

(a)a prayer setting out particulars of the relief claimed, including any claim for costs and any application for ancillary relief which it is intended to claim;

(b)the names and addresses of the persons who are to be served with the petition, indicating if any of them is a person under disability;

(c)the petitioner’s address for service, which, if the petitioner sues by a solicitor, shall be the solicitor’s name or firm and address or, if the petitioner sues in person, shall be his place of residence as given under paragraph 1(e) above or, if no place of residence in Northern Ireland is given, the address to which documents for him may be delivered or sent.

APPENDIX 3Notices and Respondents

(i)(ii)(iii)(iv)
Provision under which proceedings broughtMinimum number of days prior to hearing or directions appointment for service under rule 4.5(1)(b)RespondentsPersons to whom notice is to be given
All applicationsSee separate entries below

Subject to separate entries below:

every person whom the applicant believes to have parental responsibility for the child;

where the child is the subject of a care order, every person whom the applicant believes to have had parental responsibility immediately prior to the making of the care order;

in the case of an application to extend, vary or discharge an order, the parties to the proceedings leading to the order which it is sought to have extended, varied or discharged;

in the case of specified proceedings, the child.

Subject to separate entries below:

any authority providing accommodation for the child;

persons who are caring for the child at the time when the proceedings are commenced;

in the case of proceedings brought in respect of a child who is alleged to be staying in a refuge which is certificated under Article 70(1) or (2), the person who is providing the refuge.

Article 7(1)(a), 7(4), 8, 13(1), 16(6), 33(1), 52(7), 159(1), 163(1), Schedule 1, Paragraphs 10(3) and 12(4) of Schedule 814 days

As for “all applications” above, and:

in the case of proceedings under Schedule 1, those persons whom the applicant believes to be interested in or affected by proceedings;

in the case of an application under paragraph 10(3)(b) or 12(4) of Schedule 8, any person, other than the child, named in the order or directions which it is sought to discharge or vary.

As for “all applications” above, and:

in the case of an application for an Article 8 order, every person whom applicant believes—

(i)

to be named in a court order with respect to the same child, which has not ceased to have effect,

(ii)

to be a party to pending proceedings in respect of the same child, or

(iii)

to be a person with whom the child has lived for at least 3 years prior to the application,

unless, in a case to which (i) or (ii) applies, the applicant believes that the court order or pending proceedings are not relevant to the application;

in the case of an application under Article 33(1), the parties to the proceedings leading to the care order;

in the case of an application under Article 159(1), the father of the child if he does not have parental responsibility.

Article 55(1), 58(1), 58(2), 58(3), 58(4), 62(1), Paragraph 6(3) of Schedule 3, Paragraphs 5(2) and 7(1) of Schedule 47 days

As for “all applications” above, and:

in the case of an application under Article 58(2) or (3), the supervisor;

in the case of proceedings under paragraph 7(1) of Schedule 4, the education and library board concerned;

in the case of proceedings under Article 55 or paragraph 5(2) or 7(1) of Schedule 4, the child.

As for “all applications” above, and:

in the case of an application for an order under Article 62(1)—

(i)

every person whom the applicant believes to be a parent of the child,

(ii)

every person whom the applicant believes to be caring for the child,

(iii)

every person in whose favour a contact order is in force with respect to the child, and

(iv)

every person who is allowed to have contact with the child by virtue of an order under Article 53.

Article 50, 53(2), 53(3), 53(4), 53(9) or 57(8)(b)3 days

As for “all applications” above, and:

in the case of an application under Article 53, the person whose contact with the child is the subject of the application.

As for “all applications” above, and:

in the case of an application under Article 50—

(i)

every person whom the applicant believes to be a party to pending relevant proceedings in respect of the same child, and

(ii)

every person whom the applicant believes to be a parent without parental responsibility for the child.

Article 62(12)2 daysAs for “all applications” above.Those of the persons referred to in Article 62(11)(a) to (e) who were not party to the application for the order which it is sought to have varied or discharged.
Article 44, 63(1), 63(9)(b), 64(3), 64(7), 67(9), 69(1), 178(1)1 day

As for “all applications” above, and: in the case of an application under Article 63(9)(b)—

(i)

the parties to the application for the order in respect of which it is sought to vary the directions;

(ii)

any person who was caring for the child prior to the making of the order, and

(iii)

any person whose contact with the child is affected by the direction which it is sought to have varied;

in the case of an application under Article 69, the person whom the applicant alleges to have effected or to have been or to be responsible for the taking or keeping of the child.

Except for applications under Article 178(1), as for “all applications” above, and:

in the case of an application under Article 63(1), every person whom the applicant believes to be a parent of the child; in the case of an application under Article 63(9)(b)—

(i)

the authority in whose area the child is living, and

(ii)

any person whom the applicant believes to be affected by the direction which it is sought to have varied;

in the case of an application under Article 178(1), the person referred to in Article 178(1) and any person preventing or likely to prevent such a person under enactments (6) of that Article.