The Family Proceedings Rules (Northern Ireland) 1996

S.R. 1996/322 · Made 19 July 1996 · Extends to Northern Ireland

Contents

1. Part I: PRELIMINARY
2. 1.1Citation and commencement
3. 1.2Revocation and saving
4. 1.3Interpretation
5. 1.4Application of other rules
6. Part II: MATRIMONIAL CAUSES [ AND CIVIL PARTNERSHIP CAUSES] PETITION, PLEADINGS AND AMENDMENT
7. 2.1Application for leave to present a petition for nullity
8. 2.2Discontinuance before service of petition
9. 2.3Cause to be begun by petition
10. 2.4Contents of petition
11. 2.5Signing of petition
12. 2.6Presentation of petition
13. 2.6A[ Petition for nullity on ground of issue of interim gender recognition certificate
14. 2.6BPetition for nullity on ground that respondent’s gender had become acquired gender at time of marriage or civil partnership
15. 2.7Conciliation
16. 2.8Parties
17. 2.9Service of petition
18. 2.10Proof of service
19. 2.10A[Acknowledgement of service of petition for nullity brought on ground relating to gender recognition
20. 2.11Notice of intention to defend
21. 2.12Consent to the grant of a decree [or civil partnership order ]
22. 2.13Supplemental petition, pleadings and amendment of petition
23. 2.14Filing of answer to petition
24. 2.14A[Answer praying for decree or order of nullity on ground of issue of interim gender recognition certificate
25. 2.14BAnswer praying for decree or order of nullity on ground that petitioner’s gender had become acquired gender at time of marriage or civil partnership
26. 2.15Filing of reply and subsequent pleadings
27. 2.15A[Reply to answer praying for decree or order of nullity on ground relating to gender recognition
28. 2.16Filing of pleadings after lodgment of certificate of readiness
29. 2.17Contents of answer and subsequent pleadings
30. 2.18Allegation against third person in pleading
31. 2.19Service of pleadings
32. 2.20Supplemental answer and amendment of pleadings
33. 2.21Service and amendment of pleadings
34. 2.22Particulars
35. 2.23Re-transfer of cause to [ the county court]
36. Chapter: PREPARATION FOR TRIAL
37. 2.24Discovery of documents
38. 2.25Discovery by interrogatories
39. 2.26Medical examination in proceedings for nullity [of marriage]
40. 2.27Conduct of medical examination
41. 2.28Entry for hearing and certificate of readiness
42. 2.29Stay under Schedule 1 to the Order of 1978
43. 2.29AA[Stay under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules (Northern Ireland) 2005
44. 2.29AStay under the Council Regulation Repealed
45. Chapter: TRIAL ETC
46. 2.30Mode ... of trial
47. 2.31Setting down for trial
48. 2.32Order for transfer of cause
49. 2.33Trial of issue
50. 2.34Lists in the [... county court]
51. 2.35Right to be heard on ancillary questions
52. 2.36Respondents statement as to arrangements for children
53. 2.37Procedure for complying with Article 44 of the Order of 1978 [or Section 186 of the Act of 2004]
54. 2.38Applications relating to children of the family
55. 2.39Restoration of matters adjourned, etc. at the hearing
56. Chapter: EVIDENCE
57. 2.40Evidence generally
58. 2.41Evidence by affidavit, etc
59. 2.42Evidence of marriage [ or overseas relationship] outside Northern Ireland
60. 2.43Rules 2.41 and 2.42 not to affect the power of the judge at the trial to refuse to admit any evidence
61. 2.44Issue of writ of subpoena or witness summons
62. 2.45Hearsay and expert evidence
63. Chapter: DECREES AND ORDERS
64. 2.46Decrees and orders
65. 2.47Application for rescission of decree [ or conditional order]
66. 2.48Application under Article 12(2) of the Order of 1978 [ or section 172(2) of the Act of 2004]
67. 2.49Intervention to show cause by the Crown Solicitor
68. 2.50Intervention to show cause by person other than Crown Solicitor
69. 2.51Rescission of decree nisi [ or conditional order] by consent
70. 2.52Decree absolute [ or final order] on lodging notice
71. 2.53Decree absolute [ or final order] on application
72. 2.54Indorsement and certificate of decree absolute
73. 2.54A[ lndorsement and certificate of final order
74. 2.54BApplication under section 6 of the Gender Recognition Act 2004
75. Chapter: ANCILLARY RELIEF
76. 2.55Application by petitioner or respondent for ancillary relief
77. 2.56Application by parent, guardian etc. for ancillary relief in respect of children
78. 2.57Application in Form M13 or M14
79. 2.58Application for ancillary relief after order of court of summary jurisdiction
80. 2.59Children to be separately represented on certain applications
81. 2.60General provisions as to evidence, etc. on application for ancillary relief
82. 2.61Evidence on application for property adjustment or avoidance of disposition order
83. 2.62Evidence on application for variation order
84. 2.63Service of affidavit in answer or reply
85. 2.64Investigation by Master of application for ancillary relief
86. 2.65Order on application for ancillary relief
87. 2.66Reference of application to judge
88. 2.67Transfer of application for ancillary relief general provisions
89. 2.68Transfer for purpose of expedition
90. 2.69Arrangements for hearing of application etc. by judge
91. 2.70Request for periodical payments order at same rate as order for maintenance pending suit [or outcome of proceedings ]
92. 2.71Application for order under Article 39(2)(a) of the Order of 1978 [ or paragraph 67(2) of Schedule 15 to the Act of 2004]
93. 2.72Consent orders
94. 2.73[ Pensions
95. 2.73A[ Pension Protection Fund
96. 2.73B[Pension Protection Fund Compensation
97. Part III: OTHER FAMILY PROCEEDINGS
98. 3.1Application by spouse [or civil partner] for failure to maintain
99. 3.2Transfer to High Court of applications under rule 3.1
100. 3.3Hearing of applications under rule 3.1
101. 3.4Application for alteration of maintenance agreement during lifetime of parties
102. 3.5Application for alteration of maintenance agreement after death of one party
103. 3.6Further proceedings on an application under rule 3.5
104. 3.7Application of other rules to proceedings under Article 37 or 38 of the Order of 1978 [ or paragraph 62 or 66 of Schedule 15 to the Act of 2004]
105. 3.8Proceedings in respect of polygamous marriage
106. 3.9[ Transfer of certain tenancies on divorce etc., [ dissolution etc., of civil partnership] or on separation of cohabitees
107. 3.10Application for declaration as to marital status
108. 3.10A[ Application under section 181 of the Act of 2004 for declaration as to civil partnership status
109. 3.11Procedure to be followed in relation to application under [ rules 3.10 or 3.10A]
110. 3.12Application for leave to apply for financial relief after overseas divorce [ or overseas dissolution etc. of a civil partnership]
111. 3.13Application for an order for financial relief or an avoidance of transaction order under Part IV of the Order of 1989 [ or under Schedule 17 to the Act of 2004]
112. 3.14Application for an order under Article 28 of the Order of 1989 [ Or under paragraph 17 of Schedule 17 to the Act of 2004] preventing a transaction
113. 3.15[ Applications for an occupation order or a non-molestation order under the Order of 1998
114. 3.16Application for leave to commence proceedings under the Order of 1998
115. 3.17Ex parte applications under the Order of 1998
116. 3.18Notification of application for an occupation order under the Order of 1998
117. 3.19Hearing of applications under the Order of 1998
118. 3.20Notification of occupation order or non-molestation order
119. 3.21Variation, extension or discharge of orders made under the Order of 1998
120. 3.22Transfer of proceedings under the Order of 1998
121. 3.23Enforcement of orders made under the Order of 1998
122. 3.24[ Application under Article 31B of the Order of 1989 for a declaration of parentage
123. 3.25Application under Article 32 of the Order of 1989 for a declaration of legitimacy or legitimation
124. 3.26General provisions relating to applications under Article 31B or 32 of the 1989 Order
125. 3.27Affidavit in support of petition
126. 3.28Notice of petition to be given to the Attorney General
127. 3.29Service of petition
128. 3.30Appearance by respondent
129. 3.31Answer by respondent
130. 3.32Application for directions
131. 3.33Answer by the Attorney General
132. 3.34Joining of parties
133. 3.35Setting down for hearing
134. 3.36Form of declaration
135. 3.37Notice to Registrar General
136. 3.38Transfer of proceedings under the Allocation Order of 2002
137. 3.39[ Reference under section 8(5) of the Gender Recognition Act 2004
138. 3.40[ Proceedings under the 2007 Act: Interpretation
139. 3.41Applications for forced marriage protection orders
140. 3.42Leave stage for applications for a forced marriage protection order
141. 3.43Service of an application for a forced marriage protection order
142. 3.44Parties to proceedings for a forced marriage protection order
143. 3.45Hearing of applications for forced marriage protection orders
144. 3.46Forced marriage protection orders made by the court of its own motion
145. 3.47[ Application under Article 32L of the Order of 1991: Interpretation
146. 3.48Application under Article 32L of the Order of 1991
147. 3.49Parties to proceedings under Article 32L of the Order of 1991
148. 3.50Service of an application under Article 32L of the Order of 1991
149. 3.51Application under Article 32L(1) of the Order of 1991 without notice
150. 3.52Hearing of applications under Article 32L of the 1991 Order
151. Part IV: CHILDREN (NORTHERN IRELAND) ORDER 1995
152. 4.1Interpretation and application
153. 4.2Proceedings in chambers
154. 4.3Matters prescribed for the purposes of the Order of 1995
155. 4.4Application for leave to commence proceedings
156. 4.5Application
157. 4.6Withdrawal of application
158. 4.7Transfer of proceedings
159. 4.8Parties
160. 4.9Service under this Part of the Rules
161. 4.10Answer to application
162. 4.11Appointment of guardian ad litem
163. 4.12Powers and duties of guardian ad litem
164. 4.13Solicitor for child
165. 4.14Welfare officer
166. 4.15Directions
167. 4.16Timing of proceedings
168. 4.17Attendance at a directions appointment and hearing
169. 4.18Documentary evidence
170. 4.19Expert evidence — examination of child
171. 4.20Amendment
172. 4.21Hearing
173. 4.22Attachment of penal notice to Article 8 order
174. 4.23Appeals
175. 4.24Confidentiality of documents
176. 4.25[ Notification of consent
177. 4.25AExclusion requirements: interim care orders and emergency protection orders
178. 4.26Secure accommodation
179. 4.27Investigation under Article 56
180. Chapter: [ APPLICATIONS RELATING TO THE COUNCIL REGULATION AND THE 1996 HAGUE CONVENTION
181. 4.28Interpretation
182. 4.29Transfer of proceedings ... under Article 8 of the 1996 Hague Convention
183. 4.30Application by a party for transfer of the proceedings
184. 4.31Application by a court of another Member State or another Contracting State for transfer of the proceedings
185. 4.32Exercise by the court of its own motion of powers to seek to transfer the proceedings
186. 4.33Application to High Court to make request ... or Article 9 of the 1996 Hague Convention to request transfer of jurisdiction
187. 4.34Procedure where the court receives a request from the authorities of another ... Contracting State to assume jurisdiction in a matter concerning a child
188. 4.35Service of the court’s order or request relating to transfer of jurisdiction under ... the 1996 Hague Convention
189. 4.36Questions as to the court’s jurisdiction or whether the proceedings should be stayed
190. 4.37Request for consultation as to contemplated placement of child in Northern Ireland
191. 4.38Request made by court in Northern Ireland for consultation as to contemplated placement of child in another ... Contracting State
192. 4.39Application 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
193. Part [ PART IVA: FREEING FOR ADOPTION AND ADOPTION ORDERS
194. Chapter: INTRODUCTORY
195. 4A.1Interpretation
196. 4A.2Proceedings
197. Chapter: FREEING FOR ADOPTION
198. 4A.3Commencement of proceedings under Article 17
199. 4A.4Commencement of proceedings under Article 18
200. 4A.5Appointment of guardian ad litem
201. 4A.6Duties of the guardian ad litem
202. 4A.7Agreement
203. 4A.8Notice of hearing
204. 4A.9Objections
205. 4A.10The hearing
206. 4A.11Proof of identity of child, etc.
207. 4A.12Application for revocation of order freeing a child for adoption
208. 4A.13Substitution of one adoption agency for another
209. Chapter: ADOPTION ORDERS
210. 4A.14Application for a serial number
211. 4A.15Commencement of proceedings
212. 4A.16Statement of facts in dispensation cases
213. 4A.17Appointment of guardian ad litem
214. 4A.18Duties of guardian ad litem
215. 4A.19Agreement
216. 4A.20Notice of hearing
217. 4A.21Objections
218. 4A.22Reports by adoption agency or Board
219. 4A.23The hearing
220. 4A.24Proof of identity of child, etc
221. 4A.25Further proceedings after interim order
222. Part IVB: CONVENTION PROCEEDINGS
223. 4B.1Introductory
224. 4B.2Application
225. 4B.3Statement at hearing
226. 4B.4Form of consent
227. 4B.5Notice of hearing
228. 4B.6Application to annul a Convention adoption or Convention adoption order
229. 4B.7Application for directions where a full adoption has not been made
230. 4B.8Application to declare overseas adoption invalid or determination invalid or affected
231. 4B.9Evidence in support of application
232. 4B.10Notice of order made under Article 55A
233. 4B.11Application for removal, return etc. of the child in Convention proceedings
234. 4B.12Specific applications
235. 4B.13Witnessing of documents
236. 4B.14Service of documents
237. 4B.15Translation of documents
238. Part IVC: MISCELLANEOUS PROCEEDINGS UNDER THE ORDER OF 1987
239. 4C.1Application for leave of the court etc
240. 4C.2Proposed foreign adoption proceedings
241. 4C.3Amendment and revocation of orders
242. 4C.4Service of documents
243. 4C.5Costs
244. 4C.6Notice and copies of orders etc
245. 4C.7Custody, inspection and disclosure of documents and information
246. 4C.8Transfer to county court
247. 4C.9[ County courts prescribed as an authorised court
248. Part V: APPEALS
249. 5.1Appeal from [ the county court] to the Court of Appeal
250. 5.2Appeal from the district judge
251. 5.3[ Appeals from orders made under the Order of 1998
252. 5.4[ Appeal under section 8(1) of the Gender Recognition Act 2004
253. Part VI: DISABILITY
254. 6.1Interpretation
255. 6.2Person under disability must sue by next friend etc
256. 6.3Certain minors may sue without next friend etc
257. 6.4Service on person under disability
258. 6.5Petition for nullity on ground of insanity, etc
259. 6.6Separate representation of children
260. Part VII: PROCEDURE
261. 7.1Application
262. 7.2Security for costs in a matrimonial cause
263. 7.3Service out of Northern Ireland
264. 7.4Service of documents
265. 7.5Mode of making applications
266. 7.6No notice of intention to proceed after year’s delay
267. 7.7Filing of documents at place of hearing, etc
268. 7.8Mode of giving notice
269. 7.8A[ Evidence
270. 7.8BSpecial measures direction relating to a person who is, or is at risk of, being subjected to abusive behaviour
271. 7.9Copies of Decrees [, civil partnership orders and other orders]
272. 7.10Service of order
273. 7.11Record of proceedings at trial
274. 7.12Inspection of documents retained in court
275. 7.13Disclosure of information under the Order of 1991
276. 7.13A[ Documents in family proceedings concerning gender recognition
277. 7.14Applications for relief which are precluded by the Order of 1991
278. 7.15Additional requirement where application for child maintenance is combined with application for other relief
279. 7.16Disclosure of address
280. 7.17Practice to be observed in the Matrimonial Office and [ the county courts]
281. Part VIII: ENFORCEMENT OF ORDERS
282. 8.1Application
283. Chapter: GARNISHEE PROCEEDINGS
284. 8.2Attachment of debt due to judgment debtor
285. 8.3Application for order
286. 8.4Service and effect of order to show cause
287. 8.5No appearance or dispute of liability by garnishee
288. 8.6Dispute of liability by garnishee
289. 8.7Claims of third persons
290. 8.8Discharge of garnishee
291. 8.9Money in court
292. 8.10Costs
293. Chapter: CHARGING ORDERS, STOP ORDERS ETC
294. 8.11Order imposing charge on securities
295. 8.12Application for order under rule 8.13
296. 8.13Service of notice of order to show cause
297. 8.14Effect of order to show cause
298. 8.15Making and effect of charging order absolute
299. 8.16Discharge, etc. of charging order
300. 8.17Money in court: charging order
301. 8.18Jurisdiction of Master to grant injunction or appoint receiver to enforce charge
302. 8.19Funds in court: stop order
303. 8.20Securities not in court: stop notice
304. 8.21Effect of stop notice
305. 8.22Amendment of stop notice
306. 8.23Withdrawal, etc. of stop notice
307. Chapter: RECEIVERS: EQUITABLE EXECUTION
308. 8.24Appointment of receiver by way of equitable execution
309. 8.25Master may appoint receiver, etc
310. 8.26Application of rules as to appointment of receiver, etc
311. 8.27Attachment of earnings
312. Chapter: EXAMINATION IN AID OF ENFORCEMENT
313. 8.28Examination as to debts owing to judgment debtor, etc
314. Chapter: JUDGMENT SUMMONSES
315. 8.29Application for issue of judgment summons
316. 8.30Further provisions as to judgment summonses
317. 8.31Special provisions as to judgment summonses in [ ... county courts]
318. 8.32Removal of [ ... county court order] into High Court
319. Chapter: [ REGISTRATION AND ENFORCEMENT UNDER ... THE 1996 HAGUE CONVENTION
320. 8.33Application
321. 8.34Interpretation
322. 8.35Filing of applications
323. 8.36Application for registration, recognition or non-recognition of a judgment
324. 8.37Application for registration or recognition of a judgment under the Council Regulation Repealed
325. 8.38Application for non-recognition of a judgment under the Council Regulation Repealed
326. 8.39Application for registration of a judgment under the 1996 Hague Convention
327. 8.40Application for non-recognition of a judgment under the 1996 Hague Convention
328. 8.41Application for recognition only of a judgment under the 1996 Hague Convention
329. 8.42Application for recognition of a judgment under the Jurisdiction and Recognition of Judgments Regulations Repealed
330. 8.43Application for non-recognition of a judgment under the Jurisdiction and Recognition of Judgments Regulations Repealed
331. 8.44Documents - supplementary
332. 8.45Directions
333. 8.46Recognition 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
334. 8.47Registration for enforcement or order for non-recognition of a judgment
335. 8.48Stay of recognition proceedings by reason of an appeal
336. 8.49Effect of refusal of application for a decision that a judgment should not be recognised
337. 8.50Notification of the court’s decision on an application for registration or non-recognition
338. 8.51Effect of registration under rule 8.50
339. 8.52Decision on recognition of a judgment only
340. 8.53Appeal against the court’s decision under rules 8.49, 8.50 or 8.52
341. 8.54Stay of enforcement where appeal pending in state of origin
342. 8.55Enforcement of judgments registered under rule 8.51
343. 8.56Request for a certificate or a certified copy of a judgment
344. 8.57Applications for certified copy of judgment and certificate under Article 41 or 42 of the Council Regulation Repealed
345. 8.58Applications for certified copy of judgment and certificate under Article 39 of the Council Regulation Repealed
346. 8.59Applications for certified copy of judgment under the 1996 Hague Convention
347. 8.60Certificates issued in Northern Ireland under Articles 41 and 42 of the Council Regulation Repealed
348. 8.61Rectification of certificate issued under Articles 41 or 42 of the Council Regulation Repealed
349. 8.62Authentic instruments and agreements under Article 46 of the Council Regulation Repealed
350. 8.63Application for provisional, including protective measures
351. Chapter: [ MEDIATION DIRECTIVE
352. 8.64Application and interpretation Repealed
353. 8.65Relevant disputes: applications for consent orders in respect of financial remedies Repealed
354. 8.66Relevant disputes: financial remedies expressed in a foreign currency Repealed
355. 8.67Mediation evidence: disclosure or inspection Repealed
356. 8.68Mediation evidence: witnesses
357. Signature
358. Schedule APPENDIX 1Schedule APPENDIX 1
359. Schedule APPENDIX 2: CONTENTS OF PETITION
360. 1Paragraph 1
361. 2Paragraph 2
362. 3Paragraph 3
363. 4Paragraph 4
364. Schedule APPENDIX 3NOTICES AND RESPONDENTS
365. Schedule [ APPENDIX 4
366. IMATTERS TO BE COVERED IN REPORTS SUPPLIED UNDER RULES 4A.3(4), 4A.4(7), 4A.22(1) OR 4A.22(2)
367. 1The Child
368. 2Each Natural parent
369. 3Guardian(s)
370. 4Prospective Adopter(s)
371. 5Actions of the adoption agency or Board supplying the report
372. 6Generally
373. 7Generally
374. 8Conclusions
375. Part II: REPORTS ON THE HEALTH OF THE CHILD AND OF THE PROSPECTIVE ADOPTER(S)
376. Rule 4A.15(5)(b)
377. 1The Child
378. 2The Applicant
379. IIIMODIFICATION TO FORM A9 FOR THE PURPOSES OF CONVENTION PROCEEDINGS
380. IVADDITIONAL INFORMATION REQUIRED FOR A CONVENTION ADOPTION APPLICATION
381. Explanatory note