Rule 3

Every application under Article 4 or 13 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 shall be dealt with in chambers unless [^f1 the judge] otherwise directs.

Subject to paragraph (4), notice of an application under the said Article 4 or 13 shall be given in Form 136 and shall be filed in the office and (subject to paragraph(3)) shall be served on the respondent [^f2 not less than 28 days before the date fixed for the hearing.

Where the application is for an order terminating the respondent’s rights of occupation and it appears to [ the judge] on the ex parte application of the applicant that the respondent is not in occupation of the dwelling house to which the application relates and his whereabouts cannot after reasonable inquiries be ascertained, [ the judge] may dispense with service of the summons or make such other order as to service as he considers appropriate.

Where any matrimonial cause (within the meaning of Article 48(11) of the Matrimonial Causes (Northern Ireland) Order 1978^f3) or proceedings under section 17 of the Married Women’s Property Act 1882 concerning the matrimonial home are pending between the parties in a county court an application under the said Article 4 or 13 shall be made on notice to [ the judge] in those proceedings in accordance with Order 14 Rule 1.

All proceedings subsequent to the issue of the notice of application shall be had as if the proceeding had been commenced by an equity civil bill.