2.39—(1) Where no such application as is referred to in rule 2.40(1) is pending the districtjudge shall, after making his certificate under rule 2.36(1)(a) or after the provision of evidence pursuant to a direction under rule 2.24(4), as the case may be, proceed to consider the matters specified in section 4 1 (1) of the Act of 197 3 in accordance with the following provisions of this rule.
(2) Where, on consideration of the relevant evidence, including any further evidence or report provided pursuant to this rule and any statement filed by the respondent under rule 2.38, the district judge is satisfied that—
(a)there are no children of the family to whom section 41 of the Act of 1973 applies, or
(b)there are such children but the court need not exercise its powers under the Act of 1989 with respect to any of them or give any direction under section 41(2) of the Act of 1973,
the district judge shall certify accordingly and, in a case to which sub-paragraph (b) applies, the petitioner and the respondent shall each be sent a copy of the certificate by the proper officer.
(3) Where the district judge is not satisfied as mentioned in paragraph (2) above he may, without prejudice to his powers under the Act of 1989 or section 41(2) of the Act of 1973, give one or more of the following directions—
(a)that the parties, or any of them, shall file further evidence relating to the arrangements for the children (and the direction shall specify the matters to be dealt with in the further evidence);
(b)that a welfare report on the children, or any of them, be prepared;
(c)that the parties, or any of them, shall attend before him at the date, time and place specified in the direction;
and the parties shall be notified accordingly.
(4) Where the court gives a direction under section 41(2) of the Act of 1973, notice of the direction shall be given to the parties.
(5) In this rule “parties” means the petitioner, the respondent and any person who appears to the court to have the care of the child.