OpenLegislation

The Family Procedure Rules 2010 in Scotland

S.I. 2010/2955 · Made 13 December 2010 · Extends to United Kingdom

Not fully up to date. 10 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2026.

See the changes not yet applied
ProvisionChangeMade by
rule 12.16(1)(a)words insertedFamily Procedure 2026 rule 3(4)
rule 12.19(1)words insertedFamily Procedure 2026 rule 3(5)
rule 12.8(3)words insertedFamily Procedure 2026 rule 3(3)(a)
rule 12.8(3A)insertedFamily Procedure 2026 rule 3(3)(b)
rule 12.3(5)words insertedFamily Procedure 2026 rule 3(2)(b)(ii)
rule 12.3(5)word insertedFamily Procedure 2026 rule 3(2)(b)(i)(aa)
rule 12.3(5)words substitutedFamily Procedure 2026 rule 3(2)(b)(i)(bb)
rule 12.2words insertedFamily Procedure 2026 rule 3(1)
rule 12.3(1)words insertedFamily Procedure 2026 rule 3(2)(a)(i)
rule 12.3(1)words insertedFamily Procedure 2026 rule 3(2)(a)(ii)

Contents

  1. 1.1The overriding objective
  2. 1.2Application by the court of the overriding objective
  3. 1.3Duty of the parties
  4. 1.4Court's duty to manage cases
  5. 1.5The Welsh language
  6. 2.1Application of these Rules
  7. 2.2The glossary
  8. 2.3Interpretation
  9. 2.4Modification of rules in application to serial numbers etc.
  10. 2.5Power to perform functions conferred on the court by these rules and practice directions
  11. 2.6Powers of the single justice to perform functions under the 1989 Act, the 1996 Act, the 2002 Act and the Childcare Act 2006
  12. 2.7Single lay justice: power to refer to the family court
  13. 2.8Court's discretion as to where it deals with cases
  14. 2.9Computation of time
  15. 2.10Dates for compliance to be calendar dates and to include time of day
  16. Part 3: Non-court Dispute Resolution
  17. Chapter 1: Interpretation
  18. 3.1Rule 3.1
  19. Chapter 2:: The Court’s Duty and Powers Generally
  20. 3.2Scope of this Chapter
  21. 3.3The court’s duty to consider non-court dispute resolution
  22. 3.4Timetabling proceedings: encouraging non-court dispute resolution
  23. Chapter 3:: Family Mediation Information and Assessment Meetings (MIAMs)
  24. 3.5Scope of this Chapter
  25. 3.6Applications to which the MIAM requirement applies
  26. 3.7Making an application
  27. 3.8Circumstances in which the MIAM requirement does not apply (MIAM exemptions ...)
  28. 3.9Conduct of MIAMs
  29. 3.10MIAM exemption not validly claimed or no longer applicable
  30. Part 3A: VULNERABLE PERSONS: PARTICIPATION IN PROCEEDINGS AND GIVING EVIDENCE
  31. 3A.1Interpretation
  32. 3A.2Application of provisions in this Part
  33. 3A.2ACourt’s duty to consider making participation directions: victims of domestic abuse
  34. 3A.3Court’s duty to consider vulnerability of other parties or witnesses
  35. 3A.4Court’s duty to consider how a party can participate in the proceedings
  36. 3A.5Court’s duty to consider how a party or a witness can give evidence
  37. 3A.6Protected parties
  38. 3A.7What the court must have regard to
  39. 3A.8Measures
  40. 3A.9When the duties of the court apply and recording reasons for decisions made under this Part
  41. 3A.10Application for directions under this Part
  42. 3A.11Procedure where the court makes directions of its own initiative
  43. 3A.12Functions of officers of the Service and Welsh family proceedings officers
  44. 3A.13Prohibition of cross-examination in person under Part 4B of the 1984 Act
  45. Part 4: GENERAL CASE MANAGEMENT POWERS
  46. 4.1The court's general powers of management
  47. 4.2Court officer's power to refer to the court
  48. 4.3Court's power to make order of its own initiative
  49. 4.4Power to strike out a statement of case
  50. 4.5Sanctions have effect unless defaulting party obtains relief
  51. 4.6Relief from sanctions
  52. 4.7General power of the court to rectify matters where there has been an error of procedure
  53. 4.8Power of the court to make civil restraint orders
  54. Part 5: FORMS, START OF PROCEEDINGS AND COMMUNICATION WITH THE COURT
  55. 5.A.1Application
  56. 5.1Forms
  57. 5.2Documents to be attached to a form
  58. 5.3Proceedings are started by issue of application form
  59. 5.4Where to start proceedings
  60. 5.5Filing documents with and sending documents to the court by e-mail
  61. 5.6Documents in the Welsh language
  62. 5.7Communications with the court
  63. 5.8Provision in relation to bulk scanning of documents
  64. Part 6: SERVICE
  65. Chapter 1: SCOPE OF THIS PART AND INTERPRETATION
  66. 6.1Part 6 rules about service apply generally
  67. 6.2Interpretation
  68. Chapter 2: SERVICE OF THE APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE JURISDICTION
  69. 6.3Interpretation
  70. 6.4Methods of service
  71. 6.5Who is to serve the application
  72. 6.6... Respondent to be served
  73. 6.6ATime for serving an application by the applicant
  74. 6.6BExtension of time for serving the application
  75. 6.7Personal service
  76. 6.7AEmail service
  77. 6.8Service of application by the court
  78. 6.9Service by the bailiff
  79. 6.10Where to serve the application – general provisions
  80. 6.11Service of the application on a solicitor within the jurisdiction ...
  81. 6.12Service of the application where the respondent gives an address at which the respondent may be served
  82. 6.13Service of the application where the respondent does not give an address at which the respondent may be served
  83. 6.14Service of the application on children and protected parties
  84. 6.15Deemed service – receipt of acknowledgment of service
  85. 6.16Deemed service by post or alternative service where no acknowledgment of service filed
  86. 6.17Proof of personal service where no acknowledgment of service filed
  87. 6.18Proof of service by the court etc.
  88. 6.19Service of the application by an alternative method or at an alternative place
  89. 6.20Power of the court to dispense with service of the application
  90. 6.21Notification of failure of postal service by the court
  91. 6.21ANotification of failure of email service by the court
  92. 6.22Notice of non-service by bailiff
  93. Chapter 3: SERVICE OF DOCUMENTS OTHER THAN AN APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE UNITED KINGDOM
  94. 6.23Method of service
  95. 6.23AService on a person where there are reasonable grounds to believe that person is residing in a refuge
  96. 6.24Who is to serve
  97. 6.25Personal service
  98. 6.26Address for service
  99. 6.27Change of address for service
  100. 6.28Service of an application form commencing proceedings on children and protected parties
  101. 6.29Service of other documents on or by children and protected parties where a litigation friend has been or will be appointed
  102. 6.30Service on or by children where a children's guardian has been or will be appointed under rule 16.4
  103. 6.31Service on or by children where a children's guardian has been appointed under rule 16.3
  104. 6.32Supplementary provisions relating to service on children and protected parties
  105. 6.33Supplementary provision relating to service on children
  106. 6.34Deemed service
  107. 6.35Service by an alternative method or at an alternative place
  108. 6.36Power to dispense with service
  109. 6.37Certificate of service
  110. 6.38Notification of outcome of service by the court
  111. 6.39Notification of non-service by bailiff
  112. Chapter 4: SERVICE OUT OF THE JURISDICTION
  113. 6.40Scope and interpretation
  114. 6.41Permission to serve not required
  115. 6.41ATime for serving an application for a matrimonial or civil partnership order out of the jurisdiction
  116. 6.41BExtension of time for serving the application for a matrimonial or civil partnership order
  117. 6.42Period for acknowledging service or responding to application where application is served out of the jurisdiction
  118. 6.43Method of service – general provisions
  119. 6.44Service in accordance with the Service Regulation Repealed
  120. 6.45Service through foreign governments, judicial authorities and British Consular authorities
  121. 6.46Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
  122. 6.47Translation of application form or other document
  123. 6.48Undertaking to be responsible for expenses of the Foreign and Commonwealth Office
  124. Part 7: PROCEDURE FOR APPLICATIONS IN MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS
  125. Chapter 1: APPLICATION AND INTERPRETATION
  126. 7.1Application and interpretation
  127. Chapter 2: RULES ABOUT STARTING PROCEEDINGS
  128. 7.2Who the parties are
  129. 7.3Statement of reconciliation
  130. 7.4Limitation on applications in respect of same marriage or civil partnership
  131. 7.6Withdrawal of application before service
  132. 7.7What the respondent must do on receiving the application
  133. Chapter 3: STANDARD CASE
  134. 7.8Amending an application
  135. 7.9Applications for conditional order
  136. 7.10What the court will do on an application for a conditional order, a judicial separation or a separation order
  137. 7.11What the court must do for the case management hearing
  138. Chapter 4: DISPUTED CASE
  139. 7.12How the respondent can make an application
  140. 7.13References to respondents
  141. 7.14Case management hearing
  142. 7.15Amendment of application and answer
  143. 7.16Further information about the contents of the application and the answer
  144. 7.17What the court must do for the case management hearing
  145. Chapter 5: PROCEEDINGS AFTER CONDITIONAL ORDER (STANDARD AND DISPUTED CASE)
  146. 7.18Applications to prevent conditional orders being made final
  147. 7.19Making conditional orders final by giving notice
  148. 7.20Applications to make conditional orders final
  149. 7.21What the court officer must do when a conditional order is made final
  150. 7.22Applications under section 10(2) of 1973 Act or section 48(2) of 2004 Act
  151. 7.23Orders under section 10A(2) of the 1973 Act
  152. Chapter 6: PROVISIONS SPECIFIC TO NULLITY PROCEEDINGS
  153. 7.24Respondent to nullity application
  154. 7.25Supplemental applications
  155. 7.26Nullity: interim and full gender recognition certificates
  156. 7.27Nullity: filing an answer
  157. 7.28Nullity – inspection of certificate of entitlement
  158. 7.29Medical examinations in proceedings for nullity of a marriage of an opposite sex couple
  159. Chapter 7: GENERAL PROVISIONS
  160. 7.30General rule – hearing to be in public
  161. 7.31Notice of hearing
  162. 7.32Further provisions about costs
  163. 7.33Stay of proceedings
  164. 7.34The circumstances in which an order may be set aside (rescission)
  165. 7.35Records of decrees absolute and final orders
  166. Part 8: PROCEDURE FOR MISCELLANEOUS APPLICATIONS
  167. Chapter 1: PROCEDURE
  168. 8.1Procedure
  169. Chapter 2: APPLICATION FOR CORRECTED GENDER RECOGNITION CERTIFICATE
  170. 8.2Scope of this Chapter
  171. 8.3Where to start proceedings
  172. 8.4Who the parties are
  173. 8.5Delivery of copy certificate to Secretary of State
  174. Chapter 3: APPLICATION FOR ALTERATION OF MAINTENANCE AGREEMENT AFTER DEATH OF ONE PARTY
  175. 8.6Scope of this Chapter
  176. 8.7Where to start proceedings Repealed
  177. 8.8Who the parties are
  178. 8.9Representative parties
  179. 8.10Acknowledgment of service
  180. 8.11Hearings may be in private
  181. Chapter 4: APPLICATION FOR QUESTION AS TO PROPERTY TO BE DECIDED IN SUMMARY WAY
  182. 8.12Scope of this Chapter
  183. 8.13Procedure
  184. 8.14Where to start proceedings
  185. 8.15Mortgagees as parties
  186. 8.16Injunctions
  187. 8.17Application of other rules
  188. Chapter 5: DECLARATIONS
  189. 8.18Scope of this Chapter
  190. 8.19Where to start proceedings Repealed
  191. 8.20Who the parties are
  192. 8.21The role of the Attorney General
  193. 8.22Declarations of parentage
  194. Chapter 6: APPLICATION FOR PERMISSION TO APPLY FOR A FINANCIAL REMEDY AFTER OVERSEAS PROCEEDINGS
  195. 8.23Scope of this Chapter
  196. 8.24How to start proceedings
  197. 8.25Application without notice
  198. 8.26Notification of hearing date
  199. 8.27Hearings to be in private unless the court directs otherwise
  200. 8.28Direction that application be dealt with by a district judge of the principal registry Repealed
  201. Chapter 7: APPLICATION FOR THE TRANSFER OF A TENANCY UNDER SECTION 53 OF, AND SCHEDULE 7 TO, THE 1996 ACT
  202. 8.29Scope of this Chapter
  203. 8.30Where to start proceedings
  204. 8.31Service of the application
  205. 8.32Who the parties are
  206. 8.33Orders for disclosure
  207. 8.34Injunctions
  208. Chapter 8: APPLICATIONS FOR ORDERS PREVENTING AVOIDANCE UNDER SECTION 32L OF THE CHILD SUPPORT ACT 1991
  209. 8.35Scope of this Chapter
  210. 8.36Interpretation
  211. 8.37Where to start proceedings Repealed
  212. 8.38Who the parties are
  213. 8.39Service of the application
  214. 8.40Applications without notice
  215. 8.41Scope of this Chapter Repealed
  216. 8.42Child acting without a children's guardian Repealed
  217. 8.43Who the respondents are Repealed
  218. Part 9: APPLICATIONS FOR A FINANCIAL REMEDY
  219. Chapter 1: APPLICATION AND INTERPRETATION
  220. 9.1Application
  221. 9.2Application of Magistrates' Courts Rules 1981 Repealed
  222. 9.3Interpretation
  223. Chapter 2: PROCEDURE FOR APPLICATIONS
  224. 9.4When an Application for a financial order may be made
  225. 9.5Where to start proceedings
  226. 9.6Application for an order preventing a disposition
  227. 9.7Application for interim orders
  228. 9.8Application for periodical payments order at same rate as an order for maintenance pending suit
  229. 9.9Application for periodical payments order at same rate as an order for maintenance pending outcome of proceedings
  230. 9.9AApplication to set aside a financial remedy order
  231. 9.9BStandard and fast-track procedures for financial remedy proceedings
  232. Chapter 3: APPLICATIONS FOR FINANCIAL REMEDIES FOR CHILDREN
  233. 9.10Application by parent, guardian etc for financial remedy in respect of children
  234. 9.11Children to be separately represented on certain applications
  235. Chapter 4: STANDARD PROCEDURE
  236. 9.12Duties of the court and the applicant upon issuing an application
  237. 9.13Service of application on mortgagees, trustees etc
  238. 9.14Procedure before the first appointment
  239. 9.15Duties of the court at the first appointment
  240. 9.16After the first appointment
  241. 9.17The FDR appointment
  242. Chapter 5: FAST-TRACK PROCEDURE
  243. 9.18Duties of the court and the applicant upon filing an application
  244. 9.18ARequest for change of procedure
  245. 9.19Procedure before the first hearing
  246. 9.20Consideration of the application at the first hearing
  247. 9.21Who the respondent is on an application under section 20 or section 20A of the 1978 Act or Part 6 of Schedule 6 to the 2004 Act
  248. 9.21ADuty to make entries in the court’s register
  249. Chapter 5A: Certain applications
  250. 9.22Application for a maintenance order, or revocation of a maintenance order to which the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies Repealed
  251. 9.23Duty to make entries in the court's register Repealed
  252. Chapter 6: GENERAL PROCEDURE
  253. 9.24Power to order delivery up of possession etc.
  254. 9.25Where proceedings may be heard
  255. 9.26Applications for consent orders for financial remedy
  256. 9.26AQuestions as to the court’s jurisdiction or whether the proceedings should be stayed
  257. 9.26AAInternational Maintenance Obligations: Communication with the Central Authority for England and Wales
  258. 9.26BAdding or removing parties
  259. 9.26CMethod of making periodical payments
  260. 9.26DCourt officer to notify subsequent marriage or formation of civil partnership of a person entitled to payments under a maintenance order
  261. 9.26EEnforcement and apportionment where periodical payments are made under more than one order
  262. Chapter 7: ESTIMATES OF COSTS
  263. 9.27Estimates of Costs
  264. 9.27ADuty to make open proposals after a FDR appointment or where there has been no FDR appointment
  265. 9.28Duty to make open proposals before a final hearing
  266. Chapter 8: PENSIONS
  267. 9.29Application and interpretation of this Chapter
  268. 9.30What the party with pension rights must do when the court fixes a first appointment
  269. 9.31Applications for pension sharing orders
  270. 9.32Applications for consent orders for pension sharing
  271. 9.33Applications for pension attachment orders
  272. 9.34Applications for consent orders for pension attachment
  273. 9.35Pension sharing orders or pension attachment orders
  274. 9.36Duty of the court upon making a pension sharing order or a pension attachment order
  275. 9.37Procedure where Pension Protection Fund becomes involved with the pension scheme
  276. Chapter 9: PENSION PROTECTION FUND COMPENSATION
  277. 9.38Application and interpretation of this Chapter
  278. 9.39What the party with compensation rights must do when the court fixes a first appointment
  279. 9.40Applications for pension compensation sharing orders
  280. 9.41Applications for consent orders for pension compensation sharing
  281. 9.42Applications for pension compensation attachment orders
  282. 9.43Applications for consent orders for pension compensation attachment
  283. 9.44Pension compensation sharing orders or pension compensation attachment orders
  284. 9.45Duty of the court upon making a pension compensation sharing order or a pension compensation attachment order
  285. Chapter 10: COMMUNICATION OF INFORMATION FROM FINANCIAL REMEDY PROCEEDINGS
  286. 9.46Communication of information: Practice Direction 9B
  287. 947Communication of information with the permission of the court
  288. Part 10: APPLICATIONS UNDER PART 4 OF THE FAMILY LAW ACT 1996
  289. 10.1Scope and interpretation of this Part
  290. 10.2Applications for an occupation order or a non-molestation order
  291. 10.3Service of the application
  292. 10.4Transfer of pending proceedings to another court Repealed
  293. 10.5Privacy
  294. 10.6Service of an order
  295. 10.7Representations made by a mortgagee or landlord
  296. 10.8Applications to vary, extend or discharge an order
  297. 10.9Orders containing provisions to which a power of arrest is attached
  298. 10.10Service of an order on the officer for the time being in charge of a police station
  299. 10.11Proceedings following arrest ...
  300. 10.12Enforcement of an order: requirement for a penal notice
  301. 10.13Enforcement of an undertaking
  302. 10.14Power to adjourn the hearing for consideration of the penalty
  303. 10.15Hospital orders or guardianship orders under the Mental Health Act 1983
  304. 10.16Transfer directions under section 48 of the Mental Health Act 1983
  305. 10.17Recognizances
  306. Part 11: APPLICATIONS UNDER PART 4A OF THE FAMILY LAW ACT 1996 OR PART 1 OF SCHEDULE 2 TO THE FEMALE GENITAL MUTILATION ACT 2003
  307. 11.1Scope and interpretation
  308. 11.2Applications
  309. 11.2ADirections about service
  310. 11.3Permission to apply
  311. 11.4Service of applications on notice
  312. 11.5Transfer of proceedings Repealed
  313. 11.6Parties
  314. 11.7Hearings and service of orders
  315. 11.8Orders made by the court of its own initiative
  316. 11.9Representations in respect of orders
  317. 11.10Applications to vary, extend or discharge an order
  318. 11.11Orders containing provisions to which a power of arrest is attached Repealed
  319. 11.12Notifying the police
  320. 11.13Application for issue of warrant for arrest
  321. 11.14Proceedings following arrest
  322. 11.15Enforcement of orders and undertakings
  323. 11.16Power to adjourn the hearing for consideration of the penalty
  324. 11.17Hospital orders or guardianship orders under the Mental Health Act 1983
  325. 11.18Transfer directions under section 48 of the Mental Health Act 1983
  326. 11.19Recognizances
  327. Part 12: CHILDREN PROCEEDINGS EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
  328. Chapter 1: INTERPRETATION AND APPLICATION OF THIS PART
  329. 12.1Application of this Part
  330. 12.2Interpretation
  331. Chapter 2: GENERAL RULES
  332. 12.3Who the parties are
  333. 12.4Notice of proceedings to person with foreign parental responsibility
  334. 12.5What the court will do when the application has been issued
  335. 12.6Children's guardian, solicitor and reports under section 7 of the 1989 Act
  336. 12.7What a court officer will do
  337. 12.8Service
  338. 12.9Request for transfer from magistrates' court to county court or to another magistrates' court Repealed
  339. 12.10Procedure following refusal of magistrates' court to order transfer Repealed
  340. 12.11Transfer of proceedings from one court to another court Repealed
  341. 12.12Directions
  342. 12.13Setting dates for hearings and setting or confirming the timetable and date for the final hearing
  343. 12.14Attendance at hearings
  344. 12.15Steps taken by the parties
  345. 12.16Applications without notice
  346. 12.17Investigation under section 37 of the 1989 Act
  347. 12.18Disclosure of a report under section 14A(8) or (9) of the 1989 Act
  348. 12.19Additional evidence
  349. 12.20Expert evidence-examination of child Repealed
  350. 12.21Hearings
  351. Chapter 3: SPECIAL PROVISIONS ABOUT PUBLIC LAW PROCEEDINGS
  352. 12.22Timetable for the proceedings
  353. 12.23Application of rules 12.24 to 12.26C
  354. 12.24Directions
  355. 12.25The Case Management Hearing and the Issues Resolution Hearing
  356. 12.26Discussion between advocates
  357. 12.26AApplication for extension of the time limit for disposing of the application
  358. 12.26BDisapplication of rule 4.1(3)(a) court’s power to extend or shorten the time for compliance with a rule
  359. 12.26CExtension of time limit: reasons for court’s decision
  360. 12.27Matters prescribed for the purposes of the Act
  361. 12.28Exclusion requirements: interim care orders and emergency protection orders
  362. 12.29Notification of consent
  363. 12.30Proceedings for secure accommodation orders: copies of reports
  364. Chapter 4: SPECIAL PROVISIONS ABOUT PRIVATE LAW PROCEEDINGS
  365. 12.31The First Hearing Dispute Resolution Appointment
  366. 12.32Answer
  367. 12.33Applications for warning notices or applications to amend enforcement orders by reason of change of residence
  368. 12.34Service of a risk assessment
  369. 12.35Service of enforcement orders or orders amending or revoking enforcement orders
  370. Chapter 5: SPECIAL PROVISIONS ABOUT INHERENT JURISDICTION PROCEEDINGS
  371. 12.36Where to start proceedings
  372. 12.37Child as respondent to wardship proceedings
  373. 12.38Registration requirements
  374. 12.39Notice of child's whereabouts
  375. 12.40Enforcement of orders in wardship proceedings
  376. 12.41Child ceasing to be ward of court
  377. 12.42Adoption of a child who is a ward of court
  378. 12.42AApplication for a writ of habeas corpus for release in relation to a minor
  379. 12.42BApplication to set aside an inherent jurisdiction order
  380. Chapter 6: PROCEEDINGS UNDER THE 1980 HAGUE CONVENTION, THE EUROPEAN CONVENTION, ... AND THE 1996 HAGUE CONVENTION
  381. 12.43Scope
  382. Proceedings under the 1980 Hague Convention or the European Convention
  383. 12.44Interpretation
  384. 12.45Where to start proceedings
  385. 12.46Evidence in support of application
  386. 12.47Without-notice applications
  387. 12.48Directions
  388. 12.49Answer
  389. 12.50Filing and serving written evidence
  390. 12.51Adjournment
  391. 12.52Stay of proceedings upon notification of wrongful removal etc.
  392. 12.52AApplication to set aside a return order under the 1980 Hague Convention
  393. 12.53Stay of proceedings where application made under s.16 of the 1985 Act (registration of decisions under the European Convention)
  394. 12.54Transfer of proceedings
  395. 12.55Revocation and variation of registered decisions
  396. 12.56The central index of decisions registered under the 1985 Act
  397. 12.57Disclosure of information in proceedings under the European Convention
  398. Applications relating to ... the 1996 Hague Convention
  399. 12.58Interpretation
  400. 12.59Procedure under Article 11(6) of the Council Regulation where the court makes a non-return order under Article 13 of the 1980 Hague Convention Repealed
  401. 12.60Procedure under Article 11(7) of the Council Regulation where the court receives a non-return order made under Article 13 of the 1980 Hague Convention by a court in another Member State Repealed
  402. 12.61Transfer of proceedings under ... Article 8 of the 1996 Hague Convention
  403. 12.62Application by a party for transfer of the proceedings
  404. 12.63Application by a court of ... another Contracting State for transfer of the proceedings
  405. 12.64Exercise by the court of its own initiative of powers to seek to transfer the proceedings
  406. 12.65Application to High Court to make request under ... Article 9 of the 1996 Hague Convention to request transfer of jurisdiction
  407. 12.66Procedure where the court receives a request from the authorities of another ... Contracting State to assume jurisdiction in a matter concerning a child
  408. 12.67Service of the court's order or request relating to transfer of jurisdiction under ...the 1996 Hague Convention
  409. 12.68Questions as to the court's jurisdiction or whether the proceedings should be stayed
  410. 12.69Request for consultation as to contemplated placement of child in England and Wales
  411. 12.70Request made by court in England and Wales for consultation as to contemplated placement of child in another ... Contracting State
  412. 12.71Application for a declaration as to the extent, or existence, of parental responsibility in relation to a child under Article 16 of the 1996 Hague Convention
  413. Chapter 6A: Special provision about return proceedings with links to asylum claims
  414. 12.71ARule 12.71A
  415. Chapter 7: COMMUNICATION OF INFORMATION: CHILDREN PROCEEDINGS
  416. 12.72Interpretation
  417. 12.73Communication of information: general
  418. 12.73ACommunication of information with permission of the court
  419. 12.74Instruction of experts Repealed
  420. 12.75Communication of information for purposes connected with the proceedings
  421. Part 13: PROCEEDINGS UNDER SECTION 54 OR SECTION 54A OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 2008
  422. 13.1Interpretation and application
  423. 13.2Application of Part 12
  424. 13.3Who the parties are
  425. 13.4Notice of proceedings to person with foreign parental responsibility
  426. 13.5What the court or a court officer will do when the application has been issued
  427. 13.6Service of the application and other documents
  428. 13.7Acknowledgement
  429. 13.8Date for first directions hearing
  430. 13.9The first directions hearing
  431. 13.10Where the agreement of the other parent or the woman who carried the child is not required
  432. 13.11Agreement
  433. 13.12Reports of the parental order reporter and disclosure to the parties
  434. 13.13Notice of final hearing
  435. 13.14The final hearing
  436. 13.15Proof of identity of the child
  437. 13.16Disclosing information to an adult who was subject to a parental order
  438. 13.17Application for recovery orders
  439. 13.18Keeping of registers, custody, inspection and disclosure of documents and information
  440. 13.19Documents held by the court not to be inspected or copied without the court's permission
  441. 13.20Orders
  442. 13.21Copies of orders
  443. 13.22Amendment and revocation of orders
  444. Part 14: PROCEDURE FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
  445. 14.1Application of this Part and interpretation
  446. 14.2Assignment of a serial number
  447. 14.3Who the parties are
  448. 14.4Notice of proceedings to person with foreign parental responsibility
  449. 14.5Who is to serve
  450. 14.6What the court or a court officer will do when the application has been issued
  451. 14.7Date for first directions hearing
  452. 14.8The first directions hearing
  453. 14.9Requesting the court to dispense with the consent of any parent or guardian
  454. 14.10Consent
  455. 14.11Reports by the adoption agency or local authority
  456. 14.12Health reports
  457. 14.13Confidential reports to the court and disclosure to the parties
  458. 14.14Communication of information relating to proceedings
  459. 14.14ACommunication of information with permission of the court
  460. 14.15Notice of final hearing
  461. 14.16The final hearing
  462. 14.17Proof of identity of the child
  463. 14.18Disclosing information to an adopted adult
  464. 14.19Translation of documents
  465. 14.20Application for recovery orders
  466. 14.21Notice to fathers without parental responsibility
  467. 14.22Timing of applications for section 89 order
  468. 14.23Custody of documents
  469. 14.24Documents held by the court not to be inspected or copied without the court's permission
  470. 14.25Orders
  471. 14.26Copies of orders
  472. 14.27Amendment and revocation of orders
  473. 14.28Keeping registers in the family proceedings court Repealed
  474. Part 15: REPRESENTATION OF PROTECTED PARTIES
  475. 15.1Application of this Part
  476. 15.2Requirement for litigation friend in proceedings
  477. 15.3Stage of proceedings at which a litigation friend becomes necessary
  478. 15.4Who may be a litigation friend for a protected party without a court order
  479. 15.5How a person becomes a litigation friend without a court order
  480. 15.6How a person becomes a litigation friend by court order
  481. 15.7Court's power to change litigation friend and to prevent person acting as litigation friend
  482. 15.8Appointment of litigation friend by court order – supplementary
  483. 15.9Procedure where appointment of litigation friend comes to an end
  484. Part 16: REPRESENTATION OF CHILDREN AND REPORTS IN PROCEEDINGS INVOLVING CHILDREN
  485. Chapter 1: APPLICATION OF THIS PART
  486. 16.1Application of this Part
  487. Chapter 2: CHILD AS PARTY IN FAMILY PROCEEDINGS
  488. 16.2When the court may make a child a party to proceedings
  489. Chapter 3: WHEN A CHILDREN'S GUARDIAN OR LITIGATION FRIEND WILL BE APPOINTED
  490. 16.3Appointment of a children's guardian in specified proceedings or proceedings to which Part 14 applies
  491. 16.4Appointment of a children's guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies
  492. 16.5Requirement for a litigation friend
  493. Chapter 4: WHERE A CHILDREN'S GUARDIAN OR LITIGATION FRIEND IS NOT REQUIRED
  494. 16.6Circumstances in which a child does not need a children's guardian or litigation friend
  495. Chapter 5: LITIGATION FRIEND
  496. 16.7Application of this Chapter
  497. 16.8Stage of proceedings at which a litigation friend becomes necessary
  498. 16.9Who may be a litigation friend for a child without a court order
  499. 16.10How a person becomes a litigation friend without a court order
  500. 16.11Appointment of litigation friend by the court
  501. 16.12Court's power to change litigation friend and to prevent person acting as litigation friend
  502. 16.13Appointment of litigation friend by court order – supplementary
  503. 16.14Powers and duties of litigation friend
  504. 16.15Procedure where appointment of litigation friend comes to an end
  505. Chapter 6: CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.3
  506. 16.16Application of this Chapter
  507. 16.17Who may be a children's guardian
  508. 16.18What the court or a court officer will do once the court has made a decision about appointing a children's guardian
  509. 16.19Termination of the appointment of the children's guardian
  510. 16.20Powers and duties of the children's guardian
  511. 16.21Where the child instructs a solicitor or conducts proceedings on the child's own behalf
  512. Chapter 7: CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.4
  513. 16.22Application of this Chapter
  514. 16.23Stage of proceedings at which a children's guardian becomes necessary
  515. 16.24Appointment of a children's guardian
  516. 16.25Court's power to change children's guardian and to prevent person acting as children's guardian
  517. 16.26Appointment of children's guardian by court order – supplementary
  518. 16.27Powers and duties of children's guardian
  519. 16.28Procedure where appointment of children's guardian comes to an end
  520. Chapter 8: DUTIES OF SOLICITOR ACTING FOR THE CHILD
  521. 16.29Solicitor for child
  522. Chapter 9: REPORTING OFFICER
  523. 16.30When the court appoints a reporting officer
  524. 16.31Appointment of the same reporting officer in respect of two or more parents or guardians
  525. 16.32The duties of the reporting officer
  526. Chapter 10: CHILDREN AND FAMILY REPORTER AND WELFARE OFFICER
  527. 16.33Request by court for a welfare report in respect of the child
  528. Chapter 11: PARENTAL ORDER REPORTER
  529. 16.34When the court appoints a parental order reporter
  530. 16.35Powers and duties of the parental order reporter
  531. Chapter 12: SUPPLEMENTARY APPOINTMENT PROVISIONS
  532. 16.36Persons who may not be appointed as children's guardian, reporting officer or children and family reporter
  533. 16.37Appointment of the same person as children's guardian, reporting officer and children and family reporter
  534. Chapter 13: OFFICERS OF THE SERVICE, WELSH FAMILY PROCEEDINGS OFFICERS AND LOCAL AUTHORITY OFFICERS: FURTHER DUTIES
  535. 16.38Officers of the Service, Welsh family proceedings officers and local authority officers acting under certain duties
  536. Chapter 14: ENFORCEMENT ORDERS AND FINANCIAL COMPENSATION ORDERS: PERSONS NOTIFIED
  537. 16.39Application for enforcement orders and financial compensation orders: duties of the person notified
  538. Part 17: STATEMENTS OF TRUTH
  539. 17.1Interpretation
  540. 17.2Documents to be verified by a statement of truth
  541. 17.3Failure to verify a statement of case
  542. 17.4Failure to verify a witness statement
  543. 17.5Power of the court to require a document to be verified
  544. 17.6False statements
  545. Part 18: PROCEDURE FOR OTHER APPLICATIONS IN PROCEEDINGS
  546. 18.1Types of application for which Part 18 procedure may be followed
  547. 18.2Applications for permission to start proceedings
  548. 18.3Respondents to applications under this Part
  549. 18.4Application notice to be filed
  550. 18.5Notice of an application
  551. 18.6Time when an application is made
  552. 18.7What an application notice must include
  553. 18.8Service of a copy of an application notice
  554. 18.9Applications which may be dealt with without a hearing
  555. 18.10Service of application notice following court order where application made without notice
  556. 18.11Application to set aside or vary order made without notice
  557. 18.12Power of the court to proceed in the absence of a party
  558. 18.13Dismissal of totally without merit applications
  559. Part 19: ALTERNATIVE PROCEDURE FOR APPLICATIONS
  560. 19.1Types of application for which Part 19 procedure may be followed
  561. 19.2Applications for which the Part 19 procedure must be followed
  562. 19.3Contents of the application
  563. 19.4Issue of application without naming respondents
  564. 19.5Acknowledgment of service
  565. 19.6Consequence of not filing an acknowledgment of service
  566. 19.7Filing and serving written evidence
  567. 19.8Evidence – general
  568. 19.9Procedure where respondent objects to use of the Part 19 procedure
  569. Part 20: INTERIM REMEDIES AND SECURITY FOR COSTS
  570. Chapter 1: INTERIM REMEDIES
  571. 20.1Scope of this Part Repealed
  572. 20.2Orders for interim remedies
  573. 20.3Time when an order for an interim remedy may be made
  574. 20.4How to apply for an interim remedy
  575. 20.5Interim injunction to cease if application is stayed
  576. Chapter 2: SECURITY FOR COSTS
  577. 20.6Security for costs
  578. 20.7Conditions to be satisfied
  579. 20.8Security for costs of an appeal
  580. Part 21: MISCELLANEOUS RULES ABOUT DISCLOSURE AND INSPECTION OF DOCUMENTS
  581. 21.1Interpretation
  582. 21.2Orders for disclosure against a person not a party
  583. 21.3Claim to withhold inspection or disclosure of a document
  584. Part 22: EVIDENCE
  585. Chapter 1: GENERAL RULES
  586. 22.1Power of court to control evidence
  587. 22.2Evidence of witnesses – general rule
  588. 22.3Evidence by video link or other means
  589. 22.4Witness statements
  590. 22.5Service of witness statements for use at the final hearing
  591. 22.6Use at the final hearing of witness statements which have been served
  592. 22.7Evidence at hearings other than the final hearing
  593. 22.8Order for cross-examination
  594. 22.9Witness summaries
  595. 22.10Consequence of failure to serve witness statement
  596. 22.11Cross-examination on a witness statement
  597. 22.12Affidavit evidence
  598. 22.13Form of affidavit
  599. 22.14Affidavit made outside the jurisdiction
  600. 22.15Notice to admit facts
  601. 22.16Notice to admit or produce documents
  602. 22.17Notarial acts and instruments
  603. Chapter 2: RULES APPLYING ONLY TO PARTICULAR PROCEEDINGS
  604. 22.18Scope of this Chapter
  605. 22.19Availability of witness statements for inspection during the final hearing
  606. 22.20Use of witness statements for other purposes
  607. Part 23: MISCELLANEOUS RULES ABOUT EVIDENCE
  608. 23.1Scope and interpretation of this Part
  609. 23.2Notice of intention to rely on hearsay evidence
  610. 23.3Circumstances in which notice of intention to rely on hearsay evidence is not required
  611. 23.4Power to call witness for cross-examination on hearsay evidence
  612. 23.5Credibility
  613. 23.6Use of plans, photographs and models etc as evidence
  614. 23.7Evidence of finding on question of foreign law
  615. 23.8Evidence of consent of trustee to act
  616. 23.9Note of oral evidence ...
  617. Part 24: WITNESSES AND DEPOSITIONS GENERALLY
  618. Chapter 1: WITNESSES AND DEPOSITIONS
  619. 24.1Scope of this Chapter
  620. 24.2Witness summonses
  621. 24.3Issue of a witness summons
  622. 24.4Time for serving a witness summons
  623. 24.5Who is to serve a witness summons
  624. 24.6Right of witness to travelling expenses and compensation for loss of time
  625. 24.7Evidence by deposition
  626. 24.8Conduct of examination
  627. 24.9Enforcing attendance of witness
  628. 24.10Use of deposition at a hearing
  629. 24.11Restrictions on subsequent use of deposition taken for the purpose of any hearing except the final hearing
  630. 24.12Where a person to be examined is out of the jurisdiction – letter of request
  631. 24.13Fees and expenses of examiner of the court
  632. 24.14Examiners of the court
  633. Chapter 2: TAKING OF EVIDENCE – MEMBER STATES OF THE EUROPEAN UNION
  634. 24.15Interpretation Repealed
  635. 24.16Where a person to be examined is in another Regulation State Repealed
  636. Part 25: EXPERTS AND ASSESSORS
  637. 25.1Duty to restrict expert evidence Repealed
  638. 25.2Interpretation
  639. 25.3Experts-overriding duty to the court
  640. 25.4Control of expert evidence in proceedings other than children proceedings
  641. 25.5Further provisions about the court’s power to restrict expert evidence
  642. 25.5ARequirement for experts to be regulated in children proceedings
  643. 25.6When to apply for the court’s permission
  644. 25.7What an application notice requesting the court’s permission must include
  645. 25.8Where permission is granted
  646. 25.9General requirement for expert evidence to be given in a written report
  647. 25.10Written questions to experts
  648. 25.11Court’s power to direct that evidence is to be given by a single joint expert
  649. 25.12Instructions to a single joint expert
  650. 25.13Power of court to direct a party to provide information
  651. 25.14Contents of report
  652. 25.15Use by one party of expert’s report disclosed by another
  653. 25.16Discussions between experts
  654. 25.17Expert’s right to ask court for directions
  655. 25.18Copies of orders and other documents
  656. 25.19Action after final hearing
  657. 25.20Assessors
  658. Part 26: CHANGE OF SOLICITOR
  659. 26.1Solicitor acting for a party
  660. 26.2Change of solicitor – duty to give notice
  661. 26.3Order that a solicitor has ceased to act
  662. 26.4Removal of solicitor who has ceased to act on application of another party
  663. Part 27: HEARINGS AND DIRECTIONS APPOINTMENTS
  664. 27.1Application of this Part
  665. 27.2Reasons for a decision : proceedings before a lay justice or justices
  666. 27.3Attendance at hearing or directions appointment
  667. 27.4Proceedings in the absence of a party
  668. 27.5Application to set aside judgment or order following failure to attend
  669. 27.6Court bundles and place of filing of documents and bundles
  670. 27.7Representation of companies or other corporations
  671. 27.8Impounded documents
  672. 27.9Recording, transcription and informal notes of proceedings
  673. 27.10Hearings in private
  674. 27.11Attendance at private hearings
  675. Part 28: COSTS
  676. 28.1Costs
  677. 28.2Application of other rules
  678. 28.3Costs in financial remedy proceedings
  679. 28.4Wasted costs orders in the magistrates' court: appeals Repealed
  680. Part 29: MISCELLANEOUS
  681. 29.1Personal details
  682. 29.2Disclosure of information under the 1991 Act
  683. 29.3Method of giving notice
  684. 29.4Withdrawal of applications in proceedings
  685. 29.5The Human Rights Act 1998
  686. 29.6Documents in proceedings concerning gender recognition
  687. 29.7Stamping or sealing court documents
  688. 29.8Applications for relief which is precluded by the 1991 Act
  689. 29.9Modification of rule 29.8 where the application is not freestanding
  690. 29.10Standard requirements
  691. 29.11Drawing up and filing of judgments and orders
  692. 29.12Access to and inspection of documents retained in court
  693. 29.13Service of judgments and orders
  694. 29.14Power to require judgment or order to be served on a party as well as the party's solicitor
  695. 29.15When judgment or order takes effect
  696. 29.16Correction of errors in judgments and orders
  697. 29.17Transfer of proceedings
  698. 29.18Application for change of area
  699. 29.19Allocation of proceedings to another level of judge
  700. Part 30: APPEALS
  701. 30.1Scope and interpretation
  702. 30.2Parties to comply with the practice direction
  703. 30.3Permission
  704. 30.4Appellant's notice
  705. 30.5Respondent's notice
  706. 30.6Grounds of appeal
  707. 30.7Variation of time
  708. 30.8Stay
  709. 30.9Amendment of appeal notice
  710. 30.10Striking outappeal notices and setting aside or imposing conditions on permission to appeal
  711. 30.11Appeal court's powers
  712. 30.12Hearing of appeals
  713. 30.12AAppeal court’s power to order that hearing of appeal be held in public
  714. 30.13Assignment of appeals to the Court of Appeal
  715. 30.14Reopening of final appeals
  716. Part 31: REGISTRATION OF ORDERS UNDER ... THE HAGUE CONVENTION 1996
  717. 31.1Scope
  718. 31.2Interpretation
  719. 31.3Where to start proceedings
  720. 31.4Application for registration, recognition or non-recognition of a judgment
  721. 31.5Documents – supplementary
  722. 31.6Directions
  723. 31.7Recognition and enforcement under the Council Regulation of a judgment given in another Member State relating to rights of access or under Article 11(8) for the return of the child to that State Repealed
  724. 31.8Registration for enforcement or order for non-recognition of a judgment
  725. 31.9Stay of recognition proceedings by reason of an appeal
  726. 31.10Effect of refusal of application for a decision that a judgment should not be recognised
  727. 31.11Notification of the court's decision on an application for registration or non-recognition
  728. 31.12Effect of registration under rule 31.11
  729. 31.13The central index of judgments registered under rule 31.11
  730. 31.15Appeal against the court's decision under rules 31.10, 31.11 or 31.14
  731. 31.16Stay of enforcement where appeal pending in state of origin
  732. 31.17Enforcement of judgments registered under rule 31.11
  733. 31.18Request for a certificate or a certified copy of a judgment
  734. 31.19Certificates issued in England and Wales under Articles 41 and 42 of the Council Regulation Repealed
  735. 31.20Rectification of certificate issued under Article 41 or 42 of the Council Regulation Repealed
  736. 31.21Authentic instruments and agreements under Article 46 of the Council Regulation Repealed
  737. 31.22Application for provisional, including protective measures.
  738. Part 32: REGISTRATION AND ENFORCEMENT OF ORDERS
  739. Chapter 1: SCOPE AND INTERPRETATION OF THIS PART
  740. 32.1Scope and interpretation
  741. Chapter 2: REGISTRATION ETC. OF ORDERS UNDER THE 1950 ACT
  742. Interpretation of this Chapter
  743. 32.2Interpretation
  744. Registration etc of High Court and family court orders
  745. 32.3Registration of a High Court order
  746. 32.4Notice of Variation etc. of a High Court order
  747. 32.5Cancellation of registration of a High Court order by the court of registration
  748. 32.5ACancellation of registration of a High Court order by the High Court
  749. 32.6Application of this Chapter to a family court order
  750. 32.6AVariation of a family court order: section 22(1) of the 1950 Act
  751. 32.6BApplication to adduce evidence: section 22(5) of the 1950 Act
  752. Registration etc. of Scottish and Northern Irish orders
  753. 32.7Registration of Scottish and Northern Irish orders
  754. 32.8Application to adduce evidence: sections 21(2) and 22(5) of the 1950 Act
  755. 32.9Notice of variation etc. of Scottish and Northern Irish orders
  756. 32.9AVariation of Scottish and Northern Irish orders by the family court
  757. 32.10Cancellation of registration of Scottish and Northern Irish orders
  758. 32.10APayments under a maintenance order registered in the family court
  759. 32.11Enforcement
  760. 32.12Inspection of register and copies of order
  761. 32.12ANotices and certificates: section 19(4), 20(1) and 24(5) and (5A) of the 1950 Act
  762. Chapter 3: REGISTRATION OF MAINTENANCE ORDERS UNDER THE 1958 ACT
  763. 32.13Interpretation
  764. 32.14Registration of orders – prescribed period
  765. 32.15Application for registration of a maintenance order in the family court – procedure in the High Court
  766. 32.15AApplication for registration of a maintenance order in the family court – procedure in the family court
  767. 32.16Registration in the family court of an order registered in the High Court - procedure in the High Court
  768. 32.16ARegistration in the family court of an order registered in the High Court – procedure in the family court
  769. 32.17Registration in the High Court of a magistrates' court order Repealed
  770. 32.18Registration in the High Court of an order registered in a magistrates' court Repealed
  771. 32.19Variation or discharge of an order registered in the family court – procedure in the High Court
  772. 32.19AVariation, remission, discharge or cancellation of registration of an order registered in the family court – procedure in the family court
  773. 32.20Variation or discharge of an order registered in the High Court Repealed
  774. 32.21Cancellation of registration – orders registered in the High Court Repealed
  775. 32.22Cancellation of registration – orders registered in the family court
  776. 32.22ANotices: payments made through the family court
  777. 32.22BMethod of payment
  778. 32.22CVariation of method of payment
  779. 32.22DNotices received from another court or from a person entitled to payments
  780. Chapter 4: REGISTRATION AND ENFORCEMENT OF CUSTODY ORDERS UNDER THE 1986 ACT
  781. 32.23Interpretation
  782. 32.24Prescribed officer and functions of the court
  783. 32.25Application for the registration of an order made by the High Court or the family court
  784. 32.26Registration of orders made in Scotland, Northern Ireland or a specified dependent territory
  785. 32.27Revocation and variation of an order made in the High Court or the family court
  786. 32.28Registration of varied, revoked or recalled orders made in Scotland, Northern Ireland or a specified dependent territory
  787. 32.29Interim directions
  788. 32.30Staying and dismissal of enforcement proceedings
  789. 32.31Particulars of other proceedings
  790. 32.32Inspection of register
  791. Chapter 5: Ability of a court officer to take enforcement proceedings in relation to certain orders for periodical payments
  792. 32.33Court officers and enforcement proceedings
  793. Part 33: ENFORCEMENT
  794. Chapter 1: GENERAL RULES
  795. 33.1Application
  796. Enforcement of orders for the payment of money
  797. 33.2Application of the Civil Procedure Rules
  798. 33.3How to apply
  799. 33.4Transfer of orders
  800. Committal and injunction
  801. 33.5Enforcement of orders by way of committal
  802. 33.6Proceedings in the principal registry treated as pending in a designated county court Repealed
  803. 33.7Specific modifications of the CCR Repealed
  804. 33.8Section 118 County Courts Act 1984 and the tipstaff Repealed
  805. Chapter 2: COMMITTAL BY WAY OF JUDGMENT SUMMONS
  806. 33.9Interpretation
  807. 33.10Application
  808. 33.11Judgment summons
  809. 33.12Successive judgment summonses
  810. 33.13Order or summons to attend adjourned hearing: requirement for personal service
  811. 33.14Committal on application for judgment summons
  812. 33.14AExpenses
  813. 33.15Orders for the benefit of different persons
  814. 33.16Hearing of judgment summons
  815. 33.17Special provisions as to judgment summonses in the High Court
  816. 33.18Special provisions as to judgment summonses in designated county courts Repealed
  817. Chapter 3: ATTACHMENT OF EARNINGS
  818. 33.19Enforcement by attachment of earnings order
  819. 33.19AApplication of CCR Order 27: enforcement of a maintenance order Repealed
  820. Chapter 4: WARRANT OF CONTROL
  821. 33.20Applications to vary existing orders
  822. 33.21Section 103 County Courts Act 1984 Repealed
  823. Chapter 5: COURT'S POWER TO APPOINT A RECEIVER
  824. 33.22Application of the CPR
  825. Chapter 6: ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS
  826. 33.23Application of the CPR
  827. Chapter 7: THIRD PARTY DEBT ORDERS
  828. 33.24Application of the CPR
  829. Chapter 8: CHARGING ORDER, STOP ORDER, STOP NOTICE
  830. 33.25Application for a charging order, stop order or stop notice
  831. 34.1Scope and interpretation of this Part
  832. 34.2Meaning of prescribed officer in the family court
  833. 34.3Registration of maintenance orders in the family court
  834. Chapter 1: ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT 1920
  835. 34.4Interpretation
  836. 34.5Confirmation of provisional orders made in a reciprocating country
  837. 34.6Payment of sums due under registered orders
  838. 34.7Collection and enforcement of sums due under registered orders
  839. 34.8Prescribed notice for the taking of further evidence
  840. 34.9Transmission of maintenance orders made in a reciprocating country to the High Court
  841. 34.10Transmission of maintenance orders made in the High Court to a reciprocating country
  842. 34.11Inspection of the register in the High Court
  843. 34.12Interpretation
  844. 34.13Scope
  845. Reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act
  846. 34.14Application for transmission of maintenance order to reciprocating country
  847. 34.15Certification of evidence given on provisional orders
  848. 34.16Confirmation of a provisional order made in a reciprocating country
  849. 34.17Consideration of revocation of a provisional order made by the family court
  850. 34.18Notification of variation or revocation of a maintenance order by the High Court or the family court
  851. 34.19Notification of confirmation , variation or revocation of a maintenance order by the family court
  852. 34.20Taking of evidence for court in reciprocating country
  853. 34.21Request for the taking of evidence by a court in a reciprocating country
  854. 34.22Transmission of documents
  855. 34.23Method of payment under registered orders
  856. 34.24Enforcement of payments under registered orders
  857. 34.25Notification of registration and cancellation
  858. Modification of rules in Section 1 of this Chapter
  859. Republic of Ireland
  860. 34.26Application of Section 1 of this Chapter to the Republic of Ireland Repealed
  861. Hague Convention Countries
  862. 34.27Application of Section 1 of this Chapter to the Hague Convention Countries
  863. United States of America
  864. 34.28Application of Section 1 of this Chapter to the United States of America
  865. Proceedings in a Hague Convention Country or in the United States of America
  866. 34.28ZANotification of proceedings in a Hague Convention Country or in the United States of America
  867. Reciprocal enforcement of claims for the recovery of maintenance
  868. 34.28ZMOnward transmission of documents
  869. Chapter 3: ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE 2007 HAGUE CONVENTION
  870. 34.28AApplication of this Chapter
  871. Registration and Enforcement in a Magistrates' Court of Maintenance Orders made in a State bound by the 2007 Hague Convention
  872. 34.29Interpretation Repealed
  873. 34.29AApplication under Article 30 of the Maintenance Regulation or under Article 23 of the 2007 Hague Convention for a declaration of enforceability Repealed
  874. 34.30Registration of maintenance orders
  875. 34.31Appeal from a decision relating to registration
  876. 34.32Payment of sums due under a registered order
  877. 34.33Enforcement of payments under registered orders
  878. 34.34Variation and revocation of registered orders
  879. 34.35Registered order: payer residing in an area covered by a different Maintenance Enforcement Business Centre
  880. 34.36Cancellation of registered orders
  881. 34.36ADirections as to stays, documents and translations
  882. 34.36BInternational Maintenance Obligations; Communication with the Central Authority for England and Wales
  883. 34.36CThe Maintenance Regulation: applications for enforcement or for refusal or suspension of enforcement Repealed
  884. Reciprocal enforcement in a Contracting State ... of Orders of a court in England and Wales
  885. 34.37Application in a magistrates' court for a maintenance order, or revocation of a maintenance order, to which the 1982 Act, the Judgments Regulations or the Lugano Convention applies Repealed
  886. 34.38Admissibility of Documents
  887. 34.39Enforcement of orders of the family court
  888. 34.40Enforcement of orders of the High Court or the family court
  889. Part 35: MEDIATION DIRECTIVE
  890. 35.1Scope and Interpretation Repealed
  891. 35.2Relevant disputes: applications for consent orders in respect of financial remedies Repealed
  892. 35.3Mediation evidence: disclosure and inspection Repealed
  893. 35.4Mediation evidence: witnesses and depositions Repealed
  894. Part 36: TRANSITIONAL ARRANGEMENTS AND PILOT SCHEMES
  895. 36.1Transitional provisions
  896. 36.2Pilot schemes
  897. 36.2ADomestic Abuse Act 2021: provision during pilot commencement of Part 3
  898. 36.3Temporary modifications for coronavirus or other emergency
  899. 37APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT
  900. 37.1Scope
  901. 37.2Interpretation
  902. 37.3How to make a contempt application
  903. 37.4Requirements of a contempt application
  904. 37.5Service of a contempt application
  905. 37.6Cases where no application is made
  906. 37.7Directions for hearing of contempt proceedings
  907. 37.8Hearings and judgments in contempt proceedings
  908. 37.9Powers of the court in contempt proceedings
  909. 37.10Applications to discharge committal orders
  910. Part 38: RECOGNITION AND ENFORCEMENT OF PROTECTION MEASURES
  911. Chapter 1: SCOPE AND INTERPRETATION OF THIS PART
  912. 38.1Scope and interpretation
  913. Chapter 2: CERTIFICATES FOR OUTGOING PROTECTION MEASURES
  914. 38.2Application for an Article 5 certificate Repealed
  915. 38.3The court to which an application for an Article 5 certificate must be made Repealed
  916. 38.4When a request for a translation of an Article 5 certificate may be made Repealed
  917. 38.5The court to which a request for translation of an Article 5 certificate must be made Repealed
  918. 38.6Service requirements under Article 6 Repealed
  919. 38.7Notification of the certificate under Article 8 Repealed
  920. 38.8Rectification of an Article 5 certificate Repealed
  921. 38.9Withdrawal of an Article 5 certificate Repealed
  922. 38.10When an application for an Article 14 certificate may be made Repealed
  923. 38.11The court to which an application for an Article 14 certificate must be made Repealed
  924. Chapter 3: INCOMING PROTECTION MEASURES
  925. 38.12Application for adjustment under Article 11
  926. 38.13Notification of the adjustment under Article 11
  927. 38.14Application for refusal of recognition or enforcement under Article 13
  928. 38.15Application under Article 14(2)
  929. Part 39: ATTACHMENT OF EARNINGS
  930. Chapter I: GENERAL
  931. 39.1Application of this Part
  932. 39.2Interpretation of this Part
  933. 39.3Search of court records
  934. Chapter 2: SECURING PAYMENTS UNDER A MAINTENANCE ORDER IN THE FAMILY COURT – ATTACHMENT OF EARNINGS ORDER
  935. 39.4Where to apply
  936. 39.5Application for an attachment of earnings order
  937. 39.6Service and reply
  938. 39.7Notice to the debtor’s employer
  939. 39.8Attachment of earnings order
  940. 39.9Failure by debtor
  941. 39.10Enforcement under section 23(1) of the 1971 Act
  942. 39.11Suspended committal order
  943. 39.12Costs
  944. 39.13Contents and service of the order
  945. 39.14Application to determine whether particular payments are earnings
  946. 39.15Notice that an order has ceased to have effect
  947. 39.16Variation and discharge by the court of its own initiative
  948. 39.17Change of Designated Family Judge area
  949. 39.18Exercise of power to obtain statement of earnings etc.
  950. 39.19Offences
  951. 39.20Permission to enforce arrears
  952. Chapter 3: SECURING PAYMENTS UNDER A MAINTENANCE ORDER IN THE HIGH COURT – ATTACHMENT OF EARNINGS ORDER
  953. 39.21Rule 39.21
  954. Part 40: CHARGING ORDER, STOP ORDER, STOP NOTICE
  955. Chapter 1: GENERAL
  956. 40.1Application of this Part
  957. 40.2Interpretation of this Part
  958. Chapter 2: CHARGING ORDERS
  959. 40.3Scope of this Chapter
  960. 40.4Application for a charging order
  961. 40.5Interim charging order
  962. 40.6Service of an interim charging order
  963. 40.7Effect of interim charging order in relation to securities
  964. 40.8Further consideration of the application
  965. 40.9Discharge or variation of order
  966. Chapter 3: STOP ORDERS
  967. 40.10Interpretation
  968. 40.11Application for a stop order
  969. 40.12Stop order relating to securities
  970. 40.13Variation or discharge of order
  971. Chapter 4: STOP NOTICES
  972. 40.14General
  973. 40.15Request for a stop notice
  974. 40.16Effect of a stop notice
  975. 40.17Amendment of a stop notice
  976. 40.18Withdrawal of a stop notice
  977. 40.19Discharge or variation of a stop notice
  978. 40.20Practice Direction
  979. Part 41: PROCEEDING BY ELECTRONIC MEANS
  980. 41.1Provision for proceeding by electronic means
  981. Part GLOSSARY
  982. Scope
  983. Signature
  984. Explanatory note