OpenLegislation

Rule 5.3 Proceedings are started by issue of application form

(1)

Proceedings are started when a court officer issues an application at the request of the applicant.

(2)

An application is issued on the date entered in the application form by the court officer.

F1(3)

Where the application is made F2... under Article 10 of the 2007 Hague Convention, the applicant is deemed to have requested the issue of the application by virtue of making the application for establishment or modification of a maintenance decision forwarded on his or her behalf by the Lord Chancellor.

[The Lord Chancellor is the Central Authority for England and Wales in relation to the 2007 Hague ConventionF3...]

(Rule 29.7 requires an application form to be authenticated with the stamp of the court when it is issued)

Annotations

Textual amendments

F1

Rule 5.3(3) and words inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 6

F2

Words in rule 5.3(3) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in rule 5.3 omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Part 5

Textual amendments

F1

Pt. 5 heading substituted (6.4.2020) by The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 5