The Family Procedure Rules 2010 in Scotland
S.I. 2010/2955 · Made 13 December 2010 · Extends to United Kingdom
Contents
- 1.1The overriding objective
- 1.2Application by the court of the overriding objective
- 1.3Duty of the parties
- 1.4Court's duty to manage cases
- 1.5The Welsh language
- 2.1Application of these Rules
- 2.2The glossary
- 2.3Interpretation
- 2.4Modification of rules in application to serial numbers etc.
- 2.5Power to perform functions conferred on the court by these rules and practice directions
- 2.6Powers of the single justice to perform functions under the 1989 Act, the 1996 Act, the 2002 Act and the Childcare Act 2006
- 2.7Single lay justice: power to refer to the family court
- 2.8Court's discretion as to where it deals with cases
- 2.9Computation of time
- 2.10Dates for compliance to be calendar dates and to include time of day
- Part 3: Non-court Dispute Resolution
- Chapter 1: Interpretation
- 3.1Rule 3.1
- Chapter 2:: The Court’s Duty and Powers Generally
- 3.2Scope of this Chapter
- 3.3The court’s duty to consider non-court dispute resolution
- 3.4Timetabling proceedings: encouraging non-court dispute resolution
- Chapter 3:: Family Mediation Information and Assessment Meetings (MIAMs)
- 3.5Scope of this Chapter
- 3.6Applications to which the MIAM requirement applies
- 3.7Making an application
- 3.8Circumstances in which the MIAM requirement does not apply (MIAM exemptions ...)
- 3.9Conduct of MIAMs
- 3.10MIAM exemption not validly claimed or no longer applicable
- Part 3A: VULNERABLE PERSONS: PARTICIPATION IN PROCEEDINGS AND GIVING EVIDENCE
- 3A.1Interpretation
- 3A.2Application of provisions in this Part
- 3A.2ACourt’s duty to consider making participation directions: victims of domestic abuse
- 3A.3Court’s duty to consider vulnerability of other parties or witnesses
- 3A.4Court’s duty to consider how a party can participate in the proceedings
- 3A.5Court’s duty to consider how a party or a witness can give evidence
- 3A.6Protected parties
- 3A.7What the court must have regard to
- 3A.8Measures
- 3A.9When the duties of the court apply and recording reasons for decisions made under this Part
- 3A.10Application for directions under this Part
- 3A.11Procedure where the court makes directions of its own initiative
- 3A.12Functions of officers of the Service and Welsh family proceedings officers
- 3A.13Prohibition of cross-examination in person under Part 4B of the 1984 Act
- Part 4: GENERAL CASE MANAGEMENT POWERS
- 4.1The court's general powers of management
- 4.2Court officer's power to refer to the court
- 4.3Court's power to make order of its own initiative
- 4.4Power to strike out a statement of case
- 4.5Sanctions have effect unless defaulting party obtains relief
- 4.6Relief from sanctions
- 4.7General power of the court to rectify matters where there has been an error of procedure
- 4.8Power of the court to make civil restraint orders
- Part 5: FORMS, START OF PROCEEDINGS AND COMMUNICATION WITH THE COURT
- 5.A.1Application
- 5.1Forms
- 5.2Documents to be attached to a form
- 5.3Proceedings are started by issue of application form
- 5.4Where to start proceedings
- 5.5Filing documents with and sending documents to the court by e-mail
- 5.6Documents in the Welsh language
- 5.7Communications with the court
- 5.8Provision in relation to bulk scanning of documents
- Part 6: SERVICE
- Chapter 1: SCOPE OF THIS PART AND INTERPRETATION
- 6.1Part 6 rules about service apply generally
- 6.2Interpretation
- Chapter 2: SERVICE OF THE APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE JURISDICTION
- 6.3Interpretation
- 6.4Methods of service
- 6.5Who is to serve the application
- 6.6... Respondent to be served
- 6.6ATime for serving an application by the applicant
- 6.6BExtension of time for serving the application
- 6.7Personal service
- 6.7AEmail service
- 6.8Service of application by the court
- 6.9Service by the bailiff
- 6.10Where to serve the application – general provisions
- 6.11Service of the application on a solicitor within the jurisdiction ...
- 6.12Service of the application where the respondent gives an address at which the respondent may be served
- 6.13Service of the application where the respondent does not give an address at which the respondent may be served
- 6.14Service of the application on children and protected parties
- 6.15Deemed service – receipt of acknowledgment of service
- 6.16Deemed service by post or alternative service where no acknowledgment of service filed
- 6.17Proof of personal service where no acknowledgment of service filed
- 6.18Proof of service by the court etc.
- 6.19Service of the application by an alternative method or at an alternative place
- 6.20Power of the court to dispense with service of the application
- 6.21Notification of failure of postal service by the court
- 6.21ANotification of failure of email service by the court
- 6.22Notice of non-service by bailiff
- Chapter 3: SERVICE OF DOCUMENTS OTHER THAN AN APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE UNITED KINGDOM
- 6.23Method of service
- 6.23AService on a person where there are reasonable grounds to believe that person is residing in a refuge
- 6.24Who is to serve
- 6.25Personal service
- 6.26Address for service
- 6.27Change of address for service
- 6.28Service of an application form commencing proceedings on children and protected parties
- 6.29Service of other documents on or by children and protected parties where a litigation friend has been or will be appointed
- 6.30Service on or by children where a children's guardian has been or will be appointed under rule 16.4
- 6.31Service on or by children where a children's guardian has been appointed under rule 16.3
- 6.32Supplementary provisions relating to service on children and protected parties
- 6.33Supplementary provision relating to service on children
- 6.34Deemed service
- 6.35Service by an alternative method or at an alternative place
- 6.36Power to dispense with service
- 6.37Certificate of service
- 6.38Notification of outcome of service by the court
- 6.39Notification of non-service by bailiff
- Chapter 4: SERVICE OUT OF THE JURISDICTION
- 6.40Scope and interpretation
- 6.41Permission to serve not required
- 6.41ATime for serving an application for a matrimonial or civil partnership order out of the jurisdiction
- 6.41BExtension of time for serving the application for a matrimonial or civil partnership order
- 6.42Period for acknowledging service or responding to application where application is served out of the jurisdiction
- 6.43Method of service – general provisions
- 6.44Service in accordance with the Service Regulation Repealed
- 6.45Service through foreign governments, judicial authorities and British Consular authorities
- 6.46Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
- 6.47Translation of application form or other document
- 6.48Undertaking to be responsible for expenses of the Foreign and Commonwealth Office
- Part 7: PROCEDURE FOR APPLICATIONS IN MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS
- Chapter 1: APPLICATION AND INTERPRETATION
- 7.1Application and interpretation
- Chapter 2: RULES ABOUT STARTING PROCEEDINGS
- 7.2Who the parties are
- 7.3Statement of reconciliation
- 7.4Limitation on applications in respect of same marriage or civil partnership
- 7.6Withdrawal of application before service
- 7.7What the respondent must do on receiving the application
- Chapter 3: STANDARD CASE
- 7.8Amending an application
- 7.9Applications for conditional order
- 7.10What the court will do on an application for a conditional order, a judicial separation or a separation order
- 7.11What the court must do for the case management hearing
- Chapter 4: DISPUTED CASE
- 7.12How the respondent can make an application
- 7.13References to respondents
- 7.14Case management hearing
- 7.15Amendment of application and answer
- 7.16Further information about the contents of the application and the answer
- 7.17What the court must do for the case management hearing
- Chapter 5: PROCEEDINGS AFTER CONDITIONAL ORDER (STANDARD AND DISPUTED CASE)
- 7.18Applications to prevent conditional orders being made final
- 7.19Making conditional orders final by giving notice
- 7.20Applications to make conditional orders final
- 7.21What the court officer must do when a conditional order is made final
- 7.22Applications under section 10(2) of 1973 Act or section 48(2) of 2004 Act
- 7.23Orders under section 10A(2) of the 1973 Act
- Chapter 6: PROVISIONS SPECIFIC TO NULLITY PROCEEDINGS
- 7.24Respondent to nullity application
- 7.25Supplemental applications
- 7.26Nullity: interim and full gender recognition certificates
- 7.27Nullity: filing an answer
- 7.28Nullity – inspection of certificate of entitlement
- 7.29Medical examinations in proceedings for nullity of a marriage of an opposite sex couple
- Chapter 7: GENERAL PROVISIONS
- 7.30General rule – hearing to be in public
- 7.31Notice of hearing
- 7.32Further provisions about costs
- 7.33Stay of proceedings
- 7.34The circumstances in which an order may be set aside (rescission)
- 7.35Records of decrees absolute and final orders
- Part 8: PROCEDURE FOR MISCELLANEOUS APPLICATIONS
- Chapter 1: PROCEDURE
- 8.1Procedure
- Chapter 2: APPLICATION FOR CORRECTED GENDER RECOGNITION CERTIFICATE
- 8.2Scope of this Chapter
- 8.3Where to start proceedings
- 8.4Who the parties are
- 8.5Delivery of copy certificate to Secretary of State
- Chapter 3: APPLICATION FOR ALTERATION OF MAINTENANCE AGREEMENT AFTER DEATH OF ONE PARTY
- 8.6Scope of this Chapter
- 8.7Where to start proceedings Repealed
- 8.8Who the parties are
- 8.9Representative parties
- 8.10Acknowledgment of service
- 8.11Hearings may be in private
- Chapter 4: APPLICATION FOR QUESTION AS TO PROPERTY TO BE DECIDED IN SUMMARY WAY
- 8.12Scope of this Chapter
- 8.13Procedure
- 8.14Where to start proceedings
- 8.15Mortgagees as parties
- 8.16Injunctions
- 8.17Application of other rules
- Chapter 5: DECLARATIONS
- 8.18Scope of this Chapter
- 8.19Where to start proceedings Repealed
- 8.20Who the parties are
- 8.21The role of the Attorney General
- 8.22Declarations of parentage
- Chapter 6: APPLICATION FOR PERMISSION TO APPLY FOR A FINANCIAL REMEDY AFTER OVERSEAS PROCEEDINGS
- 8.23Scope of this Chapter
- 8.24How to start proceedings
- 8.25Application without notice
- 8.26Notification of hearing date
- 8.27Hearings to be in private unless the court directs otherwise
- 8.28Direction that application be dealt with by a district judge of the principal registry Repealed
- Chapter 7: APPLICATION FOR THE TRANSFER OF A TENANCY UNDER SECTION 53 OF, AND SCHEDULE 7 TO, THE 1996 ACT
- 8.29Scope of this Chapter
- 8.30Where to start proceedings
- 8.31Service of the application
- 8.32Who the parties are
- 8.33Orders for disclosure
- 8.34Injunctions
- Chapter 8: APPLICATIONS FOR ORDERS PREVENTING AVOIDANCE UNDER SECTION 32L OF THE CHILD SUPPORT ACT 1991
- 8.35Scope of this Chapter
- 8.36Interpretation
- 8.37Where to start proceedings Repealed
- 8.38Who the parties are
- 8.39Service of the application
- 8.40Applications without notice
- 8.41Scope of this Chapter Repealed
- 8.42Child acting without a children's guardian Repealed
- 8.43Who the respondents are Repealed
- Part 9: APPLICATIONS FOR A FINANCIAL REMEDY
- Chapter 1: APPLICATION AND INTERPRETATION
- 9.1Application
- 9.2Application of Magistrates' Courts Rules 1981 Repealed
- 9.3Interpretation
- Chapter 2: PROCEDURE FOR APPLICATIONS
- 9.4When an Application for a financial order may be made
- 9.5Where to start proceedings
- 9.6Application for an order preventing a disposition
- 9.7Application for interim orders
- 9.8Application for periodical payments order at same rate as an order for maintenance pending suit
- 9.9Application for periodical payments order at same rate as an order for maintenance pending outcome of proceedings
- 9.9AApplication to set aside a financial remedy order
- 9.9BStandard and fast-track procedures for financial remedy proceedings
- Chapter 3: APPLICATIONS FOR FINANCIAL REMEDIES FOR CHILDREN
- 9.10Application by parent, guardian etc for financial remedy in respect of children
- 9.11Children to be separately represented on certain applications
- Chapter 4: STANDARD PROCEDURE
- 9.12Duties of the court and the applicant upon issuing an application
- 9.13Service of application on mortgagees, trustees etc
- 9.14Procedure before the first appointment
- 9.15Duties of the court at the first appointment
- 9.16After the first appointment
- 9.17The FDR appointment
- Chapter 5: FAST-TRACK PROCEDURE
- 9.18Duties of the court and the applicant upon filing an application
- 9.18ARequest for change of procedure
- 9.19Procedure before the first hearing
- 9.20Consideration of the application at the first hearing
- 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
- 9.21ADuty to make entries in the court’s register
- Chapter 5A: Certain applications
- 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
- 9.23Duty to make entries in the court's register Repealed
- Chapter 6: GENERAL PROCEDURE
- 9.24Power to order delivery up of possession etc.
- 9.25Where proceedings may be heard
- 9.26Applications for consent orders for financial remedy
- 9.26AQuestions as to the court’s jurisdiction or whether the proceedings should be stayed
- 9.26AAInternational Maintenance Obligations: Communication with the Central Authority for England and Wales
- 9.26BAdding or removing parties
- 9.26CMethod of making periodical payments
- 9.26DCourt officer to notify subsequent marriage or formation of civil partnership of a person entitled to payments under a maintenance order
- 9.26EEnforcement and apportionment where periodical payments are made under more than one order
- Chapter 7: ESTIMATES OF COSTS
- 9.27Estimates of Costs
- 9.27ADuty to make open proposals after a FDR appointment or where there has been no FDR appointment
- 9.28Duty to make open proposals before a final hearing
- Chapter 8: PENSIONS
- 9.29Application and interpretation of this Chapter
- 9.30What the party with pension rights must do when the court fixes a first appointment
- 9.31Applications for pension sharing orders
- 9.32Applications for consent orders for pension sharing
- 9.33Applications for pension attachment orders
- 9.34Applications for consent orders for pension attachment
- 9.35Pension sharing orders or pension attachment orders
- 9.36Duty of the court upon making a pension sharing order or a pension attachment order
- 9.37Procedure where Pension Protection Fund becomes involved with the pension scheme
- Chapter 9: PENSION PROTECTION FUND COMPENSATION
- 9.38Application and interpretation of this Chapter
- 9.39What the party with compensation rights must do when the court fixes a first appointment
- 9.40Applications for pension compensation sharing orders
- 9.41Applications for consent orders for pension compensation sharing
- 9.42Applications for pension compensation attachment orders
- 9.43Applications for consent orders for pension compensation attachment
- 9.44Pension compensation sharing orders or pension compensation attachment orders
- 9.45Duty of the court upon making a pension compensation sharing order or a pension compensation attachment order
- Chapter 10: COMMUNICATION OF INFORMATION FROM FINANCIAL REMEDY PROCEEDINGS
- 9.46Communication of information: Practice Direction 9B
- 947Communication of information with the permission of the court
- Part 10: APPLICATIONS UNDER PART 4 OF THE FAMILY LAW ACT 1996
- 10.1Scope and interpretation of this Part
- 10.2Applications for an occupation order or a non-molestation order
- 10.3Service of the application
- 10.4Transfer of pending proceedings to another court Repealed
- 10.5Privacy
- 10.6Service of an order
- 10.7Representations made by a mortgagee or landlord
- 10.8Applications to vary, extend or discharge an order
- 10.9Orders containing provisions to which a power of arrest is attached
- 10.10Service of an order on the officer for the time being in charge of a police station
- 10.11Proceedings following arrest ...
- 10.12Enforcement of an order: requirement for a penal notice
- 10.13Enforcement of an undertaking
- 10.14Power to adjourn the hearing for consideration of the penalty
- 10.15Hospital orders or guardianship orders under the Mental Health Act 1983
- 10.16Transfer directions under section 48 of the Mental Health Act 1983
- 10.17Recognizances
- 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
- 11.1Scope and interpretation
- 11.2Applications
- 11.2ADirections about service
- 11.3Permission to apply
- 11.4Service of applications on notice
- 11.5Transfer of proceedings Repealed
- 11.6Parties
- 11.7Hearings and service of orders
- 11.8Orders made by the court of its own initiative
- 11.9Representations in respect of orders
- 11.10Applications to vary, extend or discharge an order
- 11.11Orders containing provisions to which a power of arrest is attached Repealed
- 11.12Notifying the police
- 11.13Application for issue of warrant for arrest
- 11.14Proceedings following arrest
- 11.15Enforcement of orders and undertakings
- 11.16Power to adjourn the hearing for consideration of the penalty
- 11.17Hospital orders or guardianship orders under the Mental Health Act 1983
- 11.18Transfer directions under section 48 of the Mental Health Act 1983
- 11.19Recognizances
- Part 12: CHILDREN PROCEEDINGS EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
- Chapter 1: INTERPRETATION AND APPLICATION OF THIS PART
- 12.1Application of this Part
- 12.2Interpretation
- Chapter 2: GENERAL RULES
- 12.3Who the parties are
- 12.4Notice of proceedings to person with foreign parental responsibility
- 12.5What the court will do when the application has been issued
- 12.6Children's guardian, solicitor and reports under section 7 of the 1989 Act
- 12.7What a court officer will do
- 12.8Service
- 12.9Request for transfer from magistrates' court to county court or to another magistrates' court Repealed
- 12.10Procedure following refusal of magistrates' court to order transfer Repealed
- 12.11Transfer of proceedings from one court to another court Repealed
- 12.12Directions
- 12.13Setting dates for hearings and setting or confirming the timetable and date for the final hearing
- 12.14Attendance at hearings
- 12.15Steps taken by the parties
- 12.16Applications without notice
- 12.17Investigation under section 37 of the 1989 Act
- 12.18Disclosure of a report under section 14A(8) or (9) of the 1989 Act
- 12.19Additional evidence
- 12.20Expert evidence-examination of child Repealed
- 12.21Hearings
- Chapter 3: SPECIAL PROVISIONS ABOUT PUBLIC LAW PROCEEDINGS
- 12.22Timetable for the proceedings
- 12.23Application of rules 12.24 to 12.26C
- 12.24Directions
- 12.25The Case Management Hearing and the Issues Resolution Hearing
- 12.26Discussion between advocates
- 12.26AApplication for extension of the time limit for disposing of the application
- 12.26BDisapplication of rule 4.1(3)(a) court’s power to extend or shorten the time for compliance with a rule
- 12.26CExtension of time limit: reasons for court’s decision
- 12.27Matters prescribed for the purposes of the Act
- 12.28Exclusion requirements: interim care orders and emergency protection orders
- 12.29Notification of consent
- 12.30Proceedings for secure accommodation orders: copies of reports
- Chapter 4: SPECIAL PROVISIONS ABOUT PRIVATE LAW PROCEEDINGS
- 12.31The First Hearing Dispute Resolution Appointment
- 12.32Answer
- 12.33Applications for warning notices or applications to amend enforcement orders by reason of change of residence
- 12.34Service of a risk assessment
- 12.35Service of enforcement orders or orders amending or revoking enforcement orders
- Chapter 5: SPECIAL PROVISIONS ABOUT INHERENT JURISDICTION PROCEEDINGS
- 12.36Where to start proceedings
- 12.37Child as respondent to wardship proceedings
- 12.38Registration requirements
- 12.39Notice of child's whereabouts
- 12.40Enforcement of orders in wardship proceedings
- 12.41Child ceasing to be ward of court
- 12.42Adoption of a child who is a ward of court
- 12.42AApplication for a writ of habeas corpus for release in relation to a minor
- 12.42BApplication to set aside an inherent jurisdiction order
- Chapter 6: PROCEEDINGS UNDER THE 1980 HAGUE CONVENTION, THE EUROPEAN CONVENTION, ... AND THE 1996 HAGUE CONVENTION
- 12.43Scope
- Proceedings under the 1980 Hague Convention or the European Convention
- 12.44Interpretation
- 12.45Where to start proceedings
- 12.46Evidence in support of application
- 12.47Without-notice applications
- 12.48Directions
- 12.49Answer
- 12.50Filing and serving written evidence
- 12.51Adjournment
- 12.52Stay of proceedings upon notification of wrongful removal etc.
- 12.52AApplication to set aside a return order under the 1980 Hague Convention
- 12.53Stay of proceedings where application made under s.16 of the 1985 Act (registration of decisions under the European Convention)
- 12.54Transfer of proceedings
- 12.55Revocation and variation of registered decisions
- 12.56The central index of decisions registered under the 1985 Act
- 12.57Disclosure of information in proceedings under the European Convention
- Applications relating to ... the 1996 Hague Convention
- 12.58Interpretation
- 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
- 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
- 12.61Transfer of proceedings under ... Article 8 of the 1996 Hague Convention
- 12.62Application by a party for transfer of the proceedings
- 12.63Application by a court of ... another Contracting State for transfer of the proceedings
- 12.64Exercise by the court of its own initiative of powers to seek to transfer the proceedings
- 12.65Application to High Court to make request under ... Article 9 of the 1996 Hague Convention to request transfer of jurisdiction
- 12.66Procedure where the court receives a request from the authorities of another ... Contracting State to assume jurisdiction in a matter concerning a child
- 12.67Service of the court's order or request relating to transfer of jurisdiction under ...the 1996 Hague Convention
- 12.68Questions as to the court's jurisdiction or whether the proceedings should be stayed
- 12.69Request for consultation as to contemplated placement of child in England and Wales
- 12.70Request made by court in England and Wales for consultation as to contemplated placement of child in another ... Contracting State
- 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
- Chapter 6A: Special provision about return proceedings with links to asylum claims
- 12.71ARule 12.71A
- Chapter 7: COMMUNICATION OF INFORMATION: CHILDREN PROCEEDINGS
- 12.72Interpretation
- 12.73Communication of information: general
- 12.73ACommunication of information with permission of the court
- 12.74Instruction of experts Repealed
- 12.75Communication of information for purposes connected with the proceedings
- Part 13: PROCEEDINGS UNDER SECTION 54 OR SECTION 54A OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 2008
- 13.1Interpretation and application
- 13.2Application of Part 12
- 13.3Who the parties are
- 13.4Notice of proceedings to person with foreign parental responsibility
- 13.5What the court or a court officer will do when the application has been issued
- 13.6Service of the application and other documents
- 13.7Acknowledgement
- 13.8Date for first directions hearing
- 13.9The first directions hearing
- 13.10Where the agreement of the other parent or the woman who carried the child is not required
- 13.11Agreement
- 13.12Reports of the parental order reporter and disclosure to the parties
- 13.13Notice of final hearing
- 13.14The final hearing
- 13.15Proof of identity of the child
- 13.16Disclosing information to an adult who was subject to a parental order
- 13.17Application for recovery orders
- 13.18Keeping of registers, custody, inspection and disclosure of documents and information
- 13.19Documents held by the court not to be inspected or copied without the court's permission
- 13.20Orders
- 13.21Copies of orders
- 13.22Amendment and revocation of orders
- Part 14: PROCEDURE FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
- 14.1Application of this Part and interpretation
- 14.2Assignment of a serial number
- 14.3Who the parties are
- 14.4Notice of proceedings to person with foreign parental responsibility
- 14.5Who is to serve
- 14.6What the court or a court officer will do when the application has been issued
- 14.7Date for first directions hearing
- 14.8The first directions hearing
- 14.9Requesting the court to dispense with the consent of any parent or guardian
- 14.10Consent
- 14.11Reports by the adoption agency or local authority
- 14.12Health reports
- 14.13Confidential reports to the court and disclosure to the parties
- 14.14Communication of information relating to proceedings
- 14.14ACommunication of information with permission of the court
- 14.15Notice of final hearing
- 14.16The final hearing
- 14.17Proof of identity of the child
- 14.18Disclosing information to an adopted adult
- 14.19Translation of documents
- 14.20Application for recovery orders
- 14.21Notice to fathers without parental responsibility
- 14.22Timing of applications for section 89 order
- 14.23Custody of documents
- 14.24Documents held by the court not to be inspected or copied without the court's permission
- 14.25Orders
- 14.26Copies of orders
- 14.27Amendment and revocation of orders
- 14.28Keeping registers in the family proceedings court Repealed
- Part 15: REPRESENTATION OF PROTECTED PARTIES
- 15.1Application of this Part
- 15.2Requirement for litigation friend in proceedings
- 15.3Stage of proceedings at which a litigation friend becomes necessary
- 15.4Who may be a litigation friend for a protected party without a court order
- 15.5How a person becomes a litigation friend without a court order
- 15.6How a person becomes a litigation friend by court order
- 15.7Court's power to change litigation friend and to prevent person acting as litigation friend
- 15.8Appointment of litigation friend by court order – supplementary
- 15.9Procedure where appointment of litigation friend comes to an end
- Part 16: REPRESENTATION OF CHILDREN AND REPORTS IN PROCEEDINGS INVOLVING CHILDREN
- Chapter 1: APPLICATION OF THIS PART
- 16.1Application of this Part
- Chapter 2: CHILD AS PARTY IN FAMILY PROCEEDINGS
- 16.2When the court may make a child a party to proceedings
- Chapter 3: WHEN A CHILDREN'S GUARDIAN OR LITIGATION FRIEND WILL BE APPOINTED
- 16.3Appointment of a children's guardian in specified proceedings or proceedings to which Part 14 applies
- 16.4Appointment of a children's guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies
- 16.5Requirement for a litigation friend
- Chapter 4: WHERE A CHILDREN'S GUARDIAN OR LITIGATION FRIEND IS NOT REQUIRED
- 16.6Circumstances in which a child does not need a children's guardian or litigation friend
- Chapter 5: LITIGATION FRIEND
- 16.7Application of this Chapter
- 16.8Stage of proceedings at which a litigation friend becomes necessary
- 16.9Who may be a litigation friend for a child without a court order
- 16.10How a person becomes a litigation friend without a court order
- 16.11Appointment of litigation friend by the court
- 16.12Court's power to change litigation friend and to prevent person acting as litigation friend
- 16.13Appointment of litigation friend by court order – supplementary
- 16.14Powers and duties of litigation friend
- 16.15Procedure where appointment of litigation friend comes to an end
- Chapter 6: CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.3
- 16.16Application of this Chapter
- 16.17Who may be a children's guardian
- 16.18What the court or a court officer will do once the court has made a decision about appointing a children's guardian
- 16.19Termination of the appointment of the children's guardian
- 16.20Powers and duties of the children's guardian
- 16.21Where the child instructs a solicitor or conducts proceedings on the child's own behalf
- Chapter 7: CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.4
- 16.22Application of this Chapter
- 16.23Stage of proceedings at which a children's guardian becomes necessary
- 16.24Appointment of a children's guardian
- 16.25Court's power to change children's guardian and to prevent person acting as children's guardian
- 16.26Appointment of children's guardian by court order – supplementary
- 16.27Powers and duties of children's guardian
- 16.28Procedure where appointment of children's guardian comes to an end
- Chapter 8: DUTIES OF SOLICITOR ACTING FOR THE CHILD
- 16.29Solicitor for child
- Chapter 9: REPORTING OFFICER
- 16.30When the court appoints a reporting officer
- 16.31Appointment of the same reporting officer in respect of two or more parents or guardians
- 16.32The duties of the reporting officer
- Chapter 10: CHILDREN AND FAMILY REPORTER AND WELFARE OFFICER
- 16.33Request by court for a welfare report in respect of the child
- Chapter 11: PARENTAL ORDER REPORTER
- 16.34When the court appoints a parental order reporter
- 16.35Powers and duties of the parental order reporter
- Chapter 12: SUPPLEMENTARY APPOINTMENT PROVISIONS
- 16.36Persons who may not be appointed as children's guardian, reporting officer or children and family reporter
- 16.37Appointment of the same person as children's guardian, reporting officer and children and family reporter
- Chapter 13: OFFICERS OF THE SERVICE, WELSH FAMILY PROCEEDINGS OFFICERS AND LOCAL AUTHORITY OFFICERS: FURTHER DUTIES
- 16.38Officers of the Service, Welsh family proceedings officers and local authority officers acting under certain duties
- Chapter 14: ENFORCEMENT ORDERS AND FINANCIAL COMPENSATION ORDERS: PERSONS NOTIFIED
- 16.39Application for enforcement orders and financial compensation orders: duties of the person notified
- Part 17: STATEMENTS OF TRUTH
- 17.1Interpretation
- 17.2Documents to be verified by a statement of truth
- 17.3Failure to verify a statement of case
- 17.4Failure to verify a witness statement
- 17.5Power of the court to require a document to be verified
- 17.6False statements
- Part 18: PROCEDURE FOR OTHER APPLICATIONS IN PROCEEDINGS
- 18.1Types of application for which Part 18 procedure may be followed
- 18.2Applications for permission to start proceedings
- 18.3Respondents to applications under this Part
- 18.4Application notice to be filed
- 18.5Notice of an application
- 18.6Time when an application is made
- 18.7What an application notice must include
- 18.8Service of a copy of an application notice
- 18.9Applications which may be dealt with without a hearing
- 18.10Service of application notice following court order where application made without notice
- 18.11Application to set aside or vary order made without notice
- 18.12Power of the court to proceed in the absence of a party
- 18.13Dismissal of totally without merit applications
- Part 19: ALTERNATIVE PROCEDURE FOR APPLICATIONS
- 19.1Types of application for which Part 19 procedure may be followed
- 19.2Applications for which the Part 19 procedure must be followed
- 19.3Contents of the application
- 19.4Issue of application without naming respondents
- 19.5Acknowledgment of service
- 19.6Consequence of not filing an acknowledgment of service
- 19.7Filing and serving written evidence
- 19.8Evidence – general
- 19.9Procedure where respondent objects to use of the Part 19 procedure
- Part 20: INTERIM REMEDIES AND SECURITY FOR COSTS
- Chapter 1: INTERIM REMEDIES
- 20.1Scope of this Part Repealed
- 20.2Orders for interim remedies
- 20.3Time when an order for an interim remedy may be made
- 20.4How to apply for an interim remedy
- 20.5Interim injunction to cease if application is stayed
- Chapter 2: SECURITY FOR COSTS
- 20.6Security for costs
- 20.7Conditions to be satisfied
- 20.8Security for costs of an appeal
- Part 21: MISCELLANEOUS RULES ABOUT DISCLOSURE AND INSPECTION OF DOCUMENTS
- 21.1Interpretation
- 21.2Orders for disclosure against a person not a party
- 21.3Claim to withhold inspection or disclosure of a document
- Part 22: EVIDENCE
- Chapter 1: GENERAL RULES
- 22.1Power of court to control evidence
- 22.2Evidence of witnesses – general rule
- 22.3Evidence by video link or other means
- 22.4Witness statements
- 22.5Service of witness statements for use at the final hearing
- 22.6Use at the final hearing of witness statements which have been served
- 22.7Evidence at hearings other than the final hearing
- 22.8Order for cross-examination
- 22.9Witness summaries
- 22.10Consequence of failure to serve witness statement
- 22.11Cross-examination on a witness statement
- 22.12Affidavit evidence
- 22.13Form of affidavit
- 22.14Affidavit made outside the jurisdiction
- 22.15Notice to admit facts
- 22.16Notice to admit or produce documents
- 22.17Notarial acts and instruments
- Chapter 2: RULES APPLYING ONLY TO PARTICULAR PROCEEDINGS
- 22.18Scope of this Chapter
- 22.19Availability of witness statements for inspection during the final hearing
- 22.20Use of witness statements for other purposes
- Part 23: MISCELLANEOUS RULES ABOUT EVIDENCE
- 23.1Scope and interpretation of this Part
- 23.2Notice of intention to rely on hearsay evidence
- 23.3Circumstances in which notice of intention to rely on hearsay evidence is not required
- 23.4Power to call witness for cross-examination on hearsay evidence
- 23.5Credibility
- 23.6Use of plans, photographs and models etc as evidence
- 23.7Evidence of finding on question of foreign law
- 23.8Evidence of consent of trustee to act
- 23.9Note of oral evidence ...
- Part 24: WITNESSES AND DEPOSITIONS GENERALLY
- Chapter 1: WITNESSES AND DEPOSITIONS
- 24.1Scope of this Chapter
- 24.2Witness summonses
- 24.3Issue of a witness summons
- 24.4Time for serving a witness summons
- 24.5Who is to serve a witness summons
- 24.6Right of witness to travelling expenses and compensation for loss of time
- 24.7Evidence by deposition
- 24.8Conduct of examination
- 24.9Enforcing attendance of witness
- 24.10Use of deposition at a hearing
- 24.11Restrictions on subsequent use of deposition taken for the purpose of any hearing except the final hearing
- 24.12Where a person to be examined is out of the jurisdiction – letter of request
- 24.13Fees and expenses of examiner of the court
- 24.14Examiners of the court
- Chapter 2: TAKING OF EVIDENCE – MEMBER STATES OF THE EUROPEAN UNION
- 24.15Interpretation Repealed
- 24.16Where a person to be examined is in another Regulation State Repealed
- Part 25: EXPERTS AND ASSESSORS
- 25.1Duty to restrict expert evidence Repealed
- 25.2Interpretation
- 25.3Experts-overriding duty to the court
- 25.4Control of expert evidence in proceedings other than children proceedings
- 25.5Further provisions about the court’s power to restrict expert evidence
- 25.5ARequirement for experts to be regulated in children proceedings
- 25.6When to apply for the court’s permission
- 25.7What an application notice requesting the court’s permission must include
- 25.8Where permission is granted
- 25.9General requirement for expert evidence to be given in a written report
- 25.10Written questions to experts
- 25.11Court’s power to direct that evidence is to be given by a single joint expert
- 25.12Instructions to a single joint expert
- 25.13Power of court to direct a party to provide information
- 25.14Contents of report
- 25.15Use by one party of expert’s report disclosed by another
- 25.16Discussions between experts
- 25.17Expert’s right to ask court for directions
- 25.18Copies of orders and other documents
- 25.19Action after final hearing
- 25.20Assessors
- Part 26: CHANGE OF SOLICITOR
- 26.1Solicitor acting for a party
- 26.2Change of solicitor – duty to give notice
- 26.3Order that a solicitor has ceased to act
- 26.4Removal of solicitor who has ceased to act on application of another party
- Part 27: HEARINGS AND DIRECTIONS APPOINTMENTS
- 27.1Application of this Part
- 27.2Reasons for a decision : proceedings before a lay justice or justices
- 27.3Attendance at hearing or directions appointment
- 27.4Proceedings in the absence of a party
- 27.5Application to set aside judgment or order following failure to attend
- 27.6Court bundles and place of filing of documents and bundles
- 27.7Representation of companies or other corporations
- 27.8Impounded documents
- 27.9Recording, transcription and informal notes of proceedings
- 27.10Hearings in private
- 27.11Attendance at private hearings
- Part 28: COSTS
- 28.1Costs
- 28.2Application of other rules
- 28.3Costs in financial remedy proceedings
- 28.4Wasted costs orders in the magistrates' court: appeals Repealed
- Part 29: MISCELLANEOUS
- 29.1Personal details
- 29.2Disclosure of information under the 1991 Act
- 29.3Method of giving notice
- 29.4Withdrawal of applications in proceedings
- 29.5The Human Rights Act 1998
- 29.6Documents in proceedings concerning gender recognition
- 29.7Stamping or sealing court documents
- 29.8Applications for relief which is precluded by the 1991 Act
- 29.9Modification of rule 29.8 where the application is not freestanding
- 29.10Standard requirements
- 29.11Drawing up and filing of judgments and orders
- 29.12Access to and inspection of documents retained in court
- 29.13Service of judgments and orders
- 29.14Power to require judgment or order to be served on a party as well as the party's solicitor
- 29.15When judgment or order takes effect
- 29.16Correction of errors in judgments and orders
- 29.17Transfer of proceedings
- 29.18Application for change of area
- 29.19Allocation of proceedings to another level of judge
- Part 30: APPEALS
- 30.1Scope and interpretation
- 30.2Parties to comply with the practice direction
- 30.3Permission
- 30.4Appellant's notice
- 30.5Respondent's notice
- 30.6Grounds of appeal
- 30.7Variation of time
- 30.8Stay
- 30.9Amendment of appeal notice
- 30.10Striking outappeal notices and setting aside or imposing conditions on permission to appeal
- 30.11Appeal court's powers
- 30.12Hearing of appeals
- 30.12AAppeal court’s power to order that hearing of appeal be held in public
- 30.13Assignment of appeals to the Court of Appeal
- 30.14Reopening of final appeals
- Part 31: REGISTRATION OF ORDERS UNDER ... THE HAGUE CONVENTION 1996
- 31.1Scope
- 31.2Interpretation
- 31.3Where to start proceedings
- 31.4Application for registration, recognition or non-recognition of a judgment
- 31.5Documents – supplementary
- 31.6Directions
- 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
- 31.8Registration for enforcement or order for non-recognition of a judgment
- 31.9Stay of recognition proceedings by reason of an appeal
- 31.10Effect of refusal of application for a decision that a judgment should not be recognised
- 31.11Notification of the court's decision on an application for registration or non-recognition
- 31.12Effect of registration under rule 31.11
- 31.13The central index of judgments registered under rule 31.11
- 31.15Appeal against the court's decision under rules 31.10, 31.11 or 31.14
- 31.16Stay of enforcement where appeal pending in state of origin
- 31.17Enforcement of judgments registered under rule 31.11
- 31.18Request for a certificate or a certified copy of a judgment
- 31.19Certificates issued in England and Wales under Articles 41 and 42 of the Council Regulation Repealed
- 31.20Rectification of certificate issued under Article 41 or 42 of the Council Regulation Repealed
- 31.21Authentic instruments and agreements under Article 46 of the Council Regulation Repealed
- 31.22Application for provisional, including protective measures.
- Part 32: REGISTRATION AND ENFORCEMENT OF ORDERS
- Chapter 1: SCOPE AND INTERPRETATION OF THIS PART
- 32.1Scope and interpretation
- Chapter 2: REGISTRATION ETC. OF ORDERS UNDER THE 1950 ACT
- Interpretation of this Chapter
- 32.2Interpretation
- Registration etc of High Court and family court orders
- 32.3Registration of a High Court order
- 32.4Notice of Variation etc. of a High Court order
- 32.5Cancellation of registration of a High Court order by the court of registration
- 32.5ACancellation of registration of a High Court order by the High Court
- 32.6Application of this Chapter to a family court order
- 32.6AVariation of a family court order: section 22(1) of the 1950 Act
- 32.6BApplication to adduce evidence: section 22(5) of the 1950 Act
- Registration etc. of Scottish and Northern Irish orders
- 32.7Registration of Scottish and Northern Irish orders
- 32.8Application to adduce evidence: sections 21(2) and 22(5) of the 1950 Act
- 32.9Notice of variation etc. of Scottish and Northern Irish orders
- 32.9AVariation of Scottish and Northern Irish orders by the family court
- 32.10Cancellation of registration of Scottish and Northern Irish orders
- 32.10APayments under a maintenance order registered in the family court
- 32.11Enforcement
- 32.12Inspection of register and copies of order
- 32.12ANotices and certificates: section 19(4), 20(1) and 24(5) and (5A) of the 1950 Act
- Chapter 3: REGISTRATION OF MAINTENANCE ORDERS UNDER THE 1958 ACT
- 32.13Interpretation
- 32.14Registration of orders – prescribed period
- 32.15Application for registration of a maintenance order in the family court – procedure in the High Court
- 32.15AApplication for registration of a maintenance order in the family court – procedure in the family court
- 32.16Registration in the family court of an order registered in the High Court - procedure in the High Court
- 32.16ARegistration in the family court of an order registered in the High Court – procedure in the family court
- 32.17Registration in the High Court of a magistrates' court order Repealed
- 32.18Registration in the High Court of an order registered in a magistrates' court Repealed
- 32.19Variation or discharge of an order registered in the family court – procedure in the High Court
- 32.19AVariation, remission, discharge or cancellation of registration of an order registered in the family court – procedure in the family court
- 32.20Variation or discharge of an order registered in the High Court Repealed
- 32.21Cancellation of registration – orders registered in the High Court Repealed
- 32.22Cancellation of registration – orders registered in the family court
- 32.22ANotices: payments made through the family court
- 32.22BMethod of payment
- 32.22CVariation of method of payment
- 32.22DNotices received from another court or from a person entitled to payments
- Chapter 4: REGISTRATION AND ENFORCEMENT OF CUSTODY ORDERS UNDER THE 1986 ACT
- 32.23Interpretation
- 32.24Prescribed officer and functions of the court
- 32.25Application for the registration of an order made by the High Court or the family court
- 32.26Registration of orders made in Scotland, Northern Ireland or a specified dependent territory
- 32.27Revocation and variation of an order made in the High Court or the family court
- 32.28Registration of varied, revoked or recalled orders made in Scotland, Northern Ireland or a specified dependent territory
- 32.29Interim directions
- 32.30Staying and dismissal of enforcement proceedings
- 32.31Particulars of other proceedings
- 32.32Inspection of register
- Chapter 5: Ability of a court officer to take enforcement proceedings in relation to certain orders for periodical payments
- 32.33Court officers and enforcement proceedings
- Part 33: ENFORCEMENT
- Chapter 1: GENERAL RULES
- 33.1Application
- Enforcement of orders for the payment of money
- 33.2Application of the Civil Procedure Rules
- 33.3How to apply
- 33.4Transfer of orders
- Committal and injunction
- 33.5Enforcement of orders by way of committal
- 33.6Proceedings in the principal registry treated as pending in a designated county court Repealed
- 33.7Specific modifications of the CCR Repealed
- 33.8Section 118 County Courts Act 1984 and the tipstaff Repealed
- Chapter 2: COMMITTAL BY WAY OF JUDGMENT SUMMONS
- 33.9Interpretation
- 33.10Application
- 33.11Judgment summons
- 33.12Successive judgment summonses
- 33.13Order or summons to attend adjourned hearing: requirement for personal service
- 33.14Committal on application for judgment summons
- 33.14AExpenses
- 33.15Orders for the benefit of different persons
- 33.16Hearing of judgment summons
- 33.17Special provisions as to judgment summonses in the High Court
- 33.18Special provisions as to judgment summonses in designated county courts Repealed
- Chapter 3: ATTACHMENT OF EARNINGS
- 33.19Enforcement by attachment of earnings order
- 33.19AApplication of CCR Order 27: enforcement of a maintenance order Repealed
- Chapter 4: WARRANT OF CONTROL
- 33.20Applications to vary existing orders
- 33.21Section 103 County Courts Act 1984 Repealed
- Chapter 5: COURT'S POWER TO APPOINT A RECEIVER
- 33.22Application of the CPR
- Chapter 6: ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS
- 33.23Application of the CPR
- Chapter 7: THIRD PARTY DEBT ORDERS
- 33.24Application of the CPR
- Chapter 8: CHARGING ORDER, STOP ORDER, STOP NOTICE
- 33.25Application for a charging order, stop order or stop notice
- 34.1Scope and interpretation of this Part
- 34.2Meaning of prescribed officer in the family court
- 34.3Registration of maintenance orders in the family court
- Chapter 1: ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT 1920
- 34.4Interpretation
- 34.5Confirmation of provisional orders made in a reciprocating country
- 34.6Payment of sums due under registered orders
- 34.7Collection and enforcement of sums due under registered orders
- 34.8Prescribed notice for the taking of further evidence
- 34.9Transmission of maintenance orders made in a reciprocating country to the High Court
- 34.10Transmission of maintenance orders made in the High Court to a reciprocating country
- 34.11Inspection of the register in the High Court
- 34.12Interpretation
- 34.13Scope
- Reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act
- 34.14Application for transmission of maintenance order to reciprocating country
- 34.15Certification of evidence given on provisional orders
- 34.16Confirmation of a provisional order made in a reciprocating country
- 34.17Consideration of revocation of a provisional order made by the family court
- 34.18Notification of variation or revocation of a maintenance order by the High Court or the family court
- 34.19Notification of confirmation , variation or revocation of a maintenance order by the family court
- 34.20Taking of evidence for court in reciprocating country
- 34.21Request for the taking of evidence by a court in a reciprocating country
- 34.22Transmission of documents
- 34.23Method of payment under registered orders
- 34.24Enforcement of payments under registered orders
- 34.25Notification of registration and cancellation
- Modification of rules in Section 1 of this Chapter
- Republic of Ireland
- 34.26Application of Section 1 of this Chapter to the Republic of Ireland Repealed
- Hague Convention Countries
- 34.27Application of Section 1 of this Chapter to the Hague Convention Countries
- United States of America
- 34.28Application of Section 1 of this Chapter to the United States of America
- Proceedings in a Hague Convention Country or in the United States of America
- 34.28ZANotification of proceedings in a Hague Convention Country or in the United States of America
- Reciprocal enforcement of claims for the recovery of maintenance
- 34.28ZMOnward transmission of documents
- Chapter 3: ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE 2007 HAGUE CONVENTION
- 34.28AApplication of this Chapter
- Registration and Enforcement in a Magistrates' Court of Maintenance Orders made in a State bound by the 2007 Hague Convention
- 34.29Interpretation Repealed
- 34.29AApplication under Article 30 of the Maintenance Regulation or under Article 23 of the 2007 Hague Convention for a declaration of enforceability Repealed
- 34.30Registration of maintenance orders
- 34.31Appeal from a decision relating to registration
- 34.32Payment of sums due under a registered order
- 34.33Enforcement of payments under registered orders
- 34.34Variation and revocation of registered orders
- 34.35Registered order: payer residing in an area covered by a different Maintenance Enforcement Business Centre
- 34.36Cancellation of registered orders
- 34.36ADirections as to stays, documents and translations
- 34.36BInternational Maintenance Obligations; Communication with the Central Authority for England and Wales
- 34.36CThe Maintenance Regulation: applications for enforcement or for refusal or suspension of enforcement Repealed
- Reciprocal enforcement in a Contracting State ... of Orders of a court in England and Wales
- 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
- 34.38Admissibility of Documents
- 34.39Enforcement of orders of the family court
- 34.40Enforcement of orders of the High Court or the family court
- Part 35: MEDIATION DIRECTIVE
- 35.1Scope and Interpretation Repealed
- 35.2Relevant disputes: applications for consent orders in respect of financial remedies Repealed
- 35.3Mediation evidence: disclosure and inspection Repealed
- 35.4Mediation evidence: witnesses and depositions Repealed
- Part 36: TRANSITIONAL ARRANGEMENTS AND PILOT SCHEMES
- 36.1Transitional provisions
- 36.2Pilot schemes
- 36.2ADomestic Abuse Act 2021: provision during pilot commencement of Part 3
- 36.3Temporary modifications for coronavirus or other emergency
- 37APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT
- 37.1Scope
- 37.2Interpretation
- 37.3How to make a contempt application
- 37.4Requirements of a contempt application
- 37.5Service of a contempt application
- 37.6Cases where no application is made
- 37.7Directions for hearing of contempt proceedings
- 37.8Hearings and judgments in contempt proceedings
- 37.9Powers of the court in contempt proceedings
- 37.10Applications to discharge committal orders
- Part 38: RECOGNITION AND ENFORCEMENT OF PROTECTION MEASURES
- Chapter 1: SCOPE AND INTERPRETATION OF THIS PART
- 38.1Scope and interpretation
- Chapter 2: CERTIFICATES FOR OUTGOING PROTECTION MEASURES
- 38.2Application for an Article 5 certificate Repealed
- 38.3The court to which an application for an Article 5 certificate must be made Repealed
- 38.4When a request for a translation of an Article 5 certificate may be made Repealed
- 38.5The court to which a request for translation of an Article 5 certificate must be made Repealed
- 38.6Service requirements under Article 6 Repealed
- 38.7Notification of the certificate under Article 8 Repealed
- 38.8Rectification of an Article 5 certificate Repealed
- 38.9Withdrawal of an Article 5 certificate Repealed
- 38.10When an application for an Article 14 certificate may be made Repealed
- 38.11The court to which an application for an Article 14 certificate must be made Repealed
- Chapter 3: INCOMING PROTECTION MEASURES
- 38.12Application for adjustment under Article 11
- 38.13Notification of the adjustment under Article 11
- 38.14Application for refusal of recognition or enforcement under Article 13
- 38.15Application under Article 14(2)
- Part 39: ATTACHMENT OF EARNINGS
- Chapter I: GENERAL
- 39.1Application of this Part
- 39.2Interpretation of this Part
- 39.3Search of court records
- Chapter 2: SECURING PAYMENTS UNDER A MAINTENANCE ORDER IN THE FAMILY COURT – ATTACHMENT OF EARNINGS ORDER
- 39.4Where to apply
- 39.5Application for an attachment of earnings order
- 39.6Service and reply
- 39.7Notice to the debtor’s employer
- 39.8Attachment of earnings order
- 39.9Failure by debtor
- 39.10Enforcement under section 23(1) of the 1971 Act
- 39.11Suspended committal order
- 39.12Costs
- 39.13Contents and service of the order
- 39.14Application to determine whether particular payments are earnings
- 39.15Notice that an order has ceased to have effect
- 39.16Variation and discharge by the court of its own initiative
- 39.17Change of Designated Family Judge area
- 39.18Exercise of power to obtain statement of earnings etc.
- 39.19Offences
- 39.20Permission to enforce arrears
- Chapter 3: SECURING PAYMENTS UNDER A MAINTENANCE ORDER IN THE HIGH COURT – ATTACHMENT OF EARNINGS ORDER
- 39.21Rule 39.21
- Part 40: CHARGING ORDER, STOP ORDER, STOP NOTICE
- Chapter 1: GENERAL
- 40.1Application of this Part
- 40.2Interpretation of this Part
- Chapter 2: CHARGING ORDERS
- 40.3Scope of this Chapter
- 40.4Application for a charging order
- 40.5Interim charging order
- 40.6Service of an interim charging order
- 40.7Effect of interim charging order in relation to securities
- 40.8Further consideration of the application
- 40.9Discharge or variation of order
- Chapter 3: STOP ORDERS
- 40.10Interpretation
- 40.11Application for a stop order
- 40.12Stop order relating to securities
- 40.13Variation or discharge of order
- Chapter 4: STOP NOTICES
- 40.14General
- 40.15Request for a stop notice
- 40.16Effect of a stop notice
- 40.17Amendment of a stop notice
- 40.18Withdrawal of a stop notice
- 40.19Discharge or variation of a stop notice
- 40.20Practice Direction
- Part 41: PROCEEDING BY ELECTRONIC MEANS
- 41.1Provision for proceeding by electronic means
- Part GLOSSARY
- Scope
- Signature
- Explanatory note