Rule 12.35 Service of enforcement orders or orders amending or revoking enforcement orders

(1)

Paragraphs (2) and (3) apply where F1the court makes—

(a)

an enforcement order; or

(b)

an order under paragraph 9(2) of Schedule A1 to the 1989 Act (enforcement order made following a breach of an enforcement order).

(2)

As soon as practicable after an order has been made, a copy of it must be served by the court officer on—

(a)

the parties, except the person against whom the order is made;

(b)

the officer of the Service or the Welsh family proceedings officer who is to comply with a request under section 11M of the 1989 Act M1 to monitor compliance with the order; and

(c)

the responsible officer.

(3)

Unless the court directs otherwise F2and subject to rule 6.23A, the applicant must serve a copy of the order personally on the person against whom the order is made.

(4)

The court officer must send a copy of an order made under paragraph 4, 5, 6 or 7 of Schedule A1 to the 1989 Act (revocation or amendment of an enforcement order) to—

(a)

the parties;

(b)

the officer of the Service or the Welsh family proceedings officer who is to comply with a request under section 11M of the 1989 Act to monitor compliance with the order;

(c)

the responsible officer; and

(d)

in the case of an order under paragraph 5 of Schedule A1 to the 1989 Act (amendment of enforcement order by reason of change of residence), the responsible officer in the former local justice area.

(5)

In this rule, “responsible officer” has the meaning given in paragraph 8(8) of Schedule A1 to the 1989 Act.

Annotations

Textual amendments

F1: Words in rule 12.35(1) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 50 (with rule 137); S.I. 2014/954, art. 2
F2: Words in rule 12.35(3) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 8(2)

Marginal citations

M1: Section 11M was inserted by section 4(1) of the Children and Adoption Act 2006.

Notes on Part 12

Textual amendments

F1: Words in Pt. 12 heading substituted (31.1.2013) by The Family Procedure (Amendment) (No.5) Rules 2012 (S.I. 2012/3061), rules 1, 5(a)