The Family Proceedings Courts (Children Act 1989) Rules 1991

Application

4.—(1) Subject to paragraph (4), an applicant shall–

(a) file the application in respect of each child in the appropriate form in Schedule 1 to these Rules or where there is no such form, in writing, together with sufficient copies for one to be served on each respondent, and

(b) serve a copy of the application, endorsed in accordance with paragraph (2)(b), on each respondent such minimum number of days prior to the date fixed under paragraph (2)(a) as is specified in relation to that application in column (ii) of Schedule 2 to these Rules.

(2) On receipt of the documents filed under paragraph (1)(a), the justices' clerk shall–

(a) fix the date, time and place for a hearing or a directions appointment, allowing sufficient time for the applicant to comply with paragraph (1)(b),

(b) endorse the date, time and place so fixed upon the copies of the application filed by the applicant, and

(c) return the copies to the applicant forthwith.

(3) The applicant shall, at the same time as complying with paragraph (1)(b), give written notice of the proceedings, and of the date, time and place of the hearing or appointment fixed under paragraph (2)(a) to the persons set out in relation to the relevant class of proceedings in column (iv) of Schedule 2 to these Rules.

(4) An application for–

(a) a prohibited steps order, or a specific issue order, under section 8,

(b) an emergency protection order,

(c) a warrant under section 48(9),

(d) a recovery order, or

(e) a warrant under section 102(1),

may, with leave of the justices' clerk, be made ex parte in which case the applicant shall–

(i) file with the justices' clerk or the court the application in respect of each child in the appropriate form in Schedule 1 to these Rules at the time when the application is made or as directed by the justices' clerk, and

(ii) in the case of an application for a prohibited steps order, or a specific issue order, under section 8 or an emergency protection order, and also in the case of an application for an order under section 75(1) where the application is ex parte, serve a copy of the application on each respondent within 48 hours after the making of the order.

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

(6) In the case of proceedings under Schedule 1, the application under paragraph (1) shall be accompanied by a statement setting out the financial details which the applicant believes to be relevant to the application and containing a declaration that it is true to the maker’s best knowledge and belief, together with sufficient copies for one to be served on each respondent.