# The Family Procedure Rules 2010, Rule 34.17: Consideration of revocation of a provisional order made by the family court


(1) This rule applies where—
(a) the family court has made a provisional order by virtue of section 3 of the 1972 Act;
(b) before the order is confirmed, evidence is taken by the court or received by it as set out in section 5(9) of the 1972 Act; and
(c) on consideration of the evidence the court considers that the order ought not to have been made.
(Section 5(9) of the 1972 Act provides that the family court may revoke a provisional order made by it, before the order has been confirmed in a reciprocating country, if it receives new evidence.)
(2) The court officer must serve on the person who applied for the provisional order (“the applicant”) a notice which must—
(a) set out the evidence taken or received by the court;
(b) inform the applicant that the court considers that the order ought not to have been made; and
(c) inform the applicant that the applicant may—
(i) make representations in relation to that evidence either orally or in writing; and
(ii) adduce further evidence.
(3) If an applicant wishes to adduce further evidence—
(a) the applicant must notify the court officer at the court which made the order;
(b) the court will fix a date for the hearing of the evidence; and
(c) the court officer will notify the applicant in writing of the date fixed.

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Source: https://www.legislation.gov.uk/uksi/2010/2955/rule/34.17 (the official version)
Page: https://openlegislation.uk/family-procedure-rules-2010/rule-34.17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.