Article 7 Amendments to the Family Proceedings Rules 1991

After rule 4.4, insert—

“Application for a warning notice or application to amend enforcement order by reason of change of residence

4.4A.

(1)

This rule applies in relation to an application for a warning notice or for an order under paragraph 5 of Schedule A1 (to amend an enforcement order by reason of change of residence).

(2)

The application shall be made—

(a)

in the case of an application for a warning notice, ex parte on Form C78; or

(b)

in the case of an application for an order under paragraph 5 of Schedule A1, ex parte on Form C79.

(3)

The court may deal with the application without a hearing.

(4)

Where the court determines that the application shall be dealt with at a hearing—

(a)

rule 4.4(1)(b) and (3) shall apply; and

(b)

rule 4.4(2) shall apply as if for the words before “the proper officer” there were substituted “On the court determining that the application shall be dealt with at a hearing”.”.