The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

Attendance at directions appointment and hearing

8.  –

(1) Subject to paragraph (2), a party shall attend a directions appointment of which he has been given notice in accordance with rule 6(3) unless the justices' clerk or the court otherwise directs.

(2) Without prejudice to section 16(6) of the Act, and subject to rules 18(2) and 22(2), the court shall not begin to hear an application in the absence of the respondent unless–

(a) it is proved to the satisfaction of the court that he received reasonable notice of the date of the hearing; or

(b) the court is satisfied that the circumstances of the case justify proceeding with the hearing.

(3) Where, at the time and place appointed for a hearing, the respondent appears but the applicant does not, the court may refuse the application or, if sufficient evidence has previously been received, proceed in the absence of the applicant.

(4) Where at the time and place appointed for a hearing neither the applicant nor the respondent appears, the court may refuse the application.