Rule 4.5 Application

Northern Ireland

(1)

Subject to paragraph (5), an applicant shall—

(a)

file the document 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, where rule 2.38 applies, in the Matrimonial Office;

(ii)

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

(b)

serve a copy of the application together with Form C3 and such (if any) of Forms [^f1 C1A,] C4 and C7A as are given to him under paragraph (3)(b) on each respondent such number of days prior to the date fixed under paragraph 3(a) as is specified for that application in column (ii) of Appendix 3.

(2)

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

(a)

(i)

whichever is appropriate of Forms C1 or C2 and

[(ii

^f2 such of the supplemental Forms C10 or C11 to C17 as may be appropriate; and

(iii)

in the case of an application for an Article 8 order where question 6A on Form C1, or question 3A on Form C2, is answered in the affirmative, supplemental Form C1A; or]

(b)

where there is no appropriate form a statement in writing of the order sought,

and where the application is made in respect of more than one child, all the children shall be included in one application.

(3)

On receipt of the documents filed under paragraph (1)(a) the proper officer or chief clerk shall—

(a)

fix the date for a hearing or a directions appointment allowing sufficient time for the applicant to comply with paragraph (1)(b),

(b)

endorse the date so fixed upon Form C3 and, where appropriate, Form C3A and

(c)

return forthwith to the applicant the copies of the application and Form C7A if filed with it, together with Form C3 and such of Forms C3A and C4 as are appropriate [^f3 and, in the case of an application for an Article 8 Order, Form C1A].

(4)

The applicant shall, at the same time as complying with paragraph (1)(b) serve Form C3A on the persons set out for the relevant class of proceedings in column (iv) of Appendix 3.

(5)

In the case of proceedings under Schedule 1, the application under paragraph (1) shall be accompanied by a statement in Form C7A setting out the financial details which the applicant believes to be relevant to the application and containing a declaration that it is true to the maker’s best knowledge and belief, together with sufficient copies for one to be served on each respondent.

Annotations

Footnotes

f1: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05
f2: Heads substituted by S.R. 2005 No. 497 with effect from 05.12.05
f3: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05