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Rule 12.8 ServiceF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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, F2subject to rule 6.23A, 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, F3subject to rule 6.23A, 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.

F4(Practice Direction 12C (Service of Application in Children Proceedings) provides that in Part 4 proceedings (except proceedings for an interim order) the minimum number of days prior to the Case Management Hearing for service of the application and accompanying documents is 7 days. The Court has discretion to extend or shorten this time (see rule 4.1(3)(a)).

Annotations

Textual amendments

F1

Rule 12.8 substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 19

F2

Words in rule 12.8(2) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 8(1)(a)

F3

Words in rule 12.8(4) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 8(1)(b)

F4

Words in rule 12.8 inserted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 20

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)