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Rule 3.15 [ Applications for an occupation order or a non-molestation order under the Order of 1998

Northern Ireland

(1)

Subject to rules 3.16 and 3.17, on an application for an occupation order or a non-molestation order under the Order of 1998, the applicant shall—

(a)

file the documents referred to in paragraph (2) (which documents shall together be called “the application”), together with sufficient copies for one to be served on each respondent—

(i)

in relation to an application to the High Court, in the Office of Care and Protection; or

(ii)

in relation to an application to a county court in the county court office;

(b)

arrange for the copy of the application, together with Form F3 to be served on respondent personally not less than 2 days before the date on which the application will be heard; and

(c)

file a statement in Form F4 in the Office of Care and Protection or, as the case may be, the county court office after the application has been served.

(2)

The documents to be filed under paragraph 1(a) are—

(a)

Form F2; and

(b)

a supporting statement which is signed by the applicant and sworn to be true.

(3)

On receipt of the documents referred to in paragraph (1)(a), the proper officer or chief clerk shall—

(a)

fix the date for the hearing, allowing sufficient time for the applicant to comply with paragraph 1(b);

(b)

endorse the date so fixed on Form F3; and

(c)

return forthwith to the applicant the copies of the application, together with Form F3.

(4)

The court may abridge the period specified in paragraph (1)(b).

(5)

Rule 6.3 shall not apply to an application for an occupation order or a non-molestation order under the Order of 1998.

(6)

Rule 2.64(4) to (7) (investigation by Master of an application for ancillary relief) shall apply, with the necessary modifications, to an application for an occupation order under Article 11, 13 or 14 of the Order of 1998 as they apply to an application for ancillary relief.

Annotations

Footnotes

f1

New Rules inserted by S.R. 1999 No. 88 with effect from 29.3.99