Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996

Ex parte application

5.—(1) An application for—

(a) an Article 8 order;

(b) an emergency protection order under Article 63;

(c) an order or warrant under Article 67;

(d) a recovery order under Article 69; or

(e) a warrant under Article 178(2)

may with the leave of the court be made ex parte and in which case Article 77(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (civil proceedings to be upon complaint) and rule 4 shall not apply.

(2) Where under paragraph (1) the leave of the court is granted the application may be made orally and the applicant shall within 48 hours of the making of the application—

(a) file a written copy of the application in Form C1 together with such of Forms C6 to C17 as is appropriate; and

(b) serve a copy of the application and any order on—

(i) the parties;

(ii) any person who has actual care of the child or had such care immediately prior to the making of the order; and

(iii) in the case of an order or warrant referred to in paragraph (1)(b) or (c) on the Board or Trust in whose area the child lives or was found.

(3) Where the court refuses to make an order on an ex parte application it may direct that the application be made inter partes.