Rule 19 Amendments to the Family Procedure Rules 2010

For rule 12.8 substitute—

“Service

12.8.

(1)

After the issue of proceedings under this Part, the documents specified in paragraph (5) must be served on the respondent or respondents.

(2)

In section 8 private law proceedings, service under paragraph (1) will be effected by the court officer, unless—

(a)

the applicant requests to do so; or

(b)

the court directs the applicant to do so.

(3)

In this Rule, “section 8 private law proceedings” are proceedings for a section 8 order except proceedings for a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority.

(4)

In any other proceedings to which this Part applies, service under paragraph (1) must be effected by the applicant.

(5)

The documents are—

(a)

the application together with the documents referred to in Practice Direction 12C; and

(b)

notice of any hearing set by the court.

(6)

Service under this rule must be carried out in accordance with Practice Direction 12C.

(7)

The general rules about service in Part 6 apply but are subject to this rule.”.