{
  "url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-2.37",
  "json_url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-2.37.json",
  "legislation": "nisr/1996/322",
  "legislation_title": "The Family Proceedings Rules (Northern Ireland) 1996",
  "legislation_url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996",
  "path": "rule/2.37",
  "kind": "rule",
  "number": "2.37",
  "heading": "Procedure for complying with Article 44 of the Order of 1978 [or Section 186 of the Act of 2004]",
  "text": "(1) Where no such application as is referred to in rule 2.38(1) is pending the judge shall consider the matters specified in Article 44(1) of the Order of 1978 [ or section 186(1) of the Act of 2004, as the case may be,] in accordance with the provisions of this rule.\n(2) Where, on consideration of the relevant evidence, including any further evidence or report provided pursuant to this rule and any statement filed by the respondent under rule 2.36 the judge is satisfied that—\n[(a there are no children of the family to whom—\n(i) in a matrimonial cause, Article 44 of the Order of 1978 applies; or\n(ii) in a civil partnership cause, section 186 of the Act of 2004 applies, or]\n(b) there are such children but the court need not exercise its powers under the Order of 1995 with respect to any of them or give [ a relevant direction],\nthe judge shall certify accordingly and, in a case to which sub-paragraph (b) applies, the petitioner and the respondent shall each be sent a copy of the certificate by the Master.\n(3) Where the judge is not satisfied as mentioned in paragraph (2) above he may, without prejudice to his powers under the Order of 1995 or [ his power to give a relevant direction], give one or more of the following directions—\n(a) that the parties, or any of them, shall file further evidence relating to the arrangements for the children (and the direction shall specify the matters to be dealt with in the further evidence);\n(b) that a welfare report on the children, or any of them be prepared;\n(c) that the parties, or any of them, shall attend before him at the date, time and place specified in the direction;\nand the parties shall be notified accordingly.\n(4) Where the court gives a [ relevant direction] notice of the direction shall be given to the parties.\n[(5 In this rule—\n(a) “parties” means the petitioner, the respondent and any person who appears to the court to have the care or the child; and\n(b) “relevant direction” means a direction—\n(i) in a matrimonial cause, under Article 44(2) or the Order of 1978, and\n(ii) in a civil partnership cause, under section 186(2) of the Act of 2004.]",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Words inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Words substituted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Words substituted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Words substituted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Words inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1996/322/rule/2.37",
    "retrieved_at": "2026-10-29T02:34:45.513001+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}