The Family Proceedings Rules (Northern Ireland) 1996

• (5) No other person shall be supplied with a copy of any report supplied under paragraph (1) or (2) and any such report shall be confidential.

The hearing

4A.23

• (1) Subject to any directions given under rule 4A.21(2) on the hearing of the application, any person served with a notice of hearing under rule 4A.20(3) may attend and be heard on the question whether an adoption order should be made.

• (2) Any member or employee of a Board, adoption agency or other body which is a party to the proceedings may address the court if he is duly authorised in that behalf.

• (3) If a serial number has been assigned to the applicant under rule 4A.14 the proceedings shall be conducted with a view to securing that he is not seen or made known to any respondent who is not already aware of his identity, except with his consent.

• (4) Subject to paragraphs (5) and (7), the judge shall not make an adoption order or an interim order except after the personal attendance before him of the applicant and the child.

• (5) If there are special circumstances which, having regard to the report of the guardian ad litem, appear to the court to make the attendance of the child unnecessary, the court may direct that the child need not attend.

• (6) If there are special circumstances which appear to the court to make the attendance of any other party desirable, the court may direct that that party shall attend.

• (7) In the case of an application under Article 14, the judge may in special circumstances make an adoption order or an interim order after the personal attendance of one only of the applicants, if the application is verified by an affidavit sworn by the other applicant or, if he is outside the United Kingdom, by a declaration made by him and witnessed by any of the persons specified in rule 4A.7(4).

Proof of identity of child, etc

4A.24

• (1) Where the child who is the subject of the proceedings is identified in the application by reference to a birth certificate which is the same, or relates to the same entry in the Register of Births, as a birth certificate exhibited to a form of agreement, the child so identified shall be deemed, unless the contrary appears, to be the child to whom the form of agreement refers.

• (2) Where the child has previously been adopted, paragraph (1) shall have effect as if for the references to a birth certificate and to the Register of Births, there were substituted respectively references to a certified copy of an entry in the Adopted Children Register and to that Register.

• (3) Subject to paragraph (5), where the precise date of the child’s birth is not proved to the satisfaction of the court, the court shall determine the probable date of his birth and the date so determined may be specified in the adoption order as the date of his birth.

• (4) Subject to paragraph (5), where the place of birth of the child cannot be proved to the satisfaction of the court but it appears probable that the child was born in the United Kingdom, the Channel Islands or the Isle of Man, he may be treated as having been born in the registration district in which the court sits, and in any other case (where the country of birth is not approved) the particulars of the country of birth may be omitted from the adoption order.

• (5) Where the child is free for adoption, any order made identifying the probable date and place of birth of the child in the proceedings under Article 17 or 18 or under section 18 of the 1976 Act or section 18 of the 1978 Act shall be sufficient proof of the date and place of birth of the child in proceedings to which this rule applies.

Further proceedings after interim order

4A.25

• (1) Where an interim order is made under Article 26 and the application is postponed without a date being filed for a further hearing, the applicant shall, at least 2 months before the expiration of the period specified in the interim order, obtain a date for the further hearing of the application from the Master, and if he fails to do so, the guardian ad litem shall obtain such a date.

• (2) When the date for a further hearing is fixed the applicant shall, unless the Master otherwise directs, serve a notice in Form A12 or Form A13 of the hearing on the parties and to the guardian ad litem not less than one month before that date.

PART IVB — CONVENTION PROCEEDINGS

Introductory

4B.1

This Part shall apply to Convention proceedings and, subject to the provisions of this Part, rules 4A.2, 4A.14 to 4A.24 and Part IVC shall apply, with the necessary modifications, to Convention proceedings.

Application

4B.2

• (1) An applicant for a Convention adoption order shall state in his application that he is applying for a Convention adoption order.

• (2) The application—

• (a) need not contain paragraphs corresponding to paragraph 2.24 or 25 of Form A9, but,

• (b) shall contain the additional information required by Part III of Appendix 4.

Statement at hearing

4B.3

The requirements prescribed by regulations 19 and 30 of the Hague Convention Regulations may be established by a document executed by the applicant containing a statement to that effect attested in accordance with rule 4B.14 and such a statement shall be admissible in evidence without further proof of the signature of the applicant.

Form of consent

4B.4

• (1) Any document signifying the consent of a person to, or otherwise containing the opinion of a person on the making of, the Convention adoption order shall be in a form which complies with the internal law relating to adoption of the Convention country of which the child is a national:

Provided that where the court is not satisfied that a person consents with full understanding of what is involved, it may call for further evidence.

• (2) A document referred to in paragraph (1) shall, if sufficiently witnessed, be admissible as evidence of the consent or opinion contained therein without further proof of the signature of the person by whom it is executed.

• (3) A document referred to in paragraph (1) shall, if executed before the date of the application, be attached to that application.

Notice of hearing

4B.5

• (1) On serving notice of the hearing or notice of presentation on the parties as required under rule 4A.20, the applicant shall also serve notice on any person:—

• (a) whose consent to the making of the order is required, not being an applicant, or

• (b) who, in accordance with the internal law relating to adoption of the Convention country of which the child is a national has to be consulted about, but does not have to consent to, the adoption.

• (2) Any person served or required to be served with notice under this rule shall be treated as if he had been served or was required to be served with notice under rule 4A.20.

Application to annul a Convention adoption or Convention adoption order

4B.6

• (1) An application for an order under Article 55A(1)[^f00346] shall be made in Form A16.

• (2) An application for an order under Article 55A(1) may be made by—

• (a) the adopter or adopters, or

• (b) the adopted person, or

• (c) the relevant Central Authority, or

• (d) the adoption agency, or

• (e) the Board to whom notice under Article 22 was given (if different), or

• (f) the Secretary of State for the Home Department.

• (3) The respondent shall be—

• (a) the adopted person; and

• (b) any adopter,

not being the applicant.

• (4) The court may require notice of the application to be served on such persons as it thinks fit.

Application for directions where a full adoption has not been made

4B.7

• (1) An application for a direction under Article 40(3A)[^f00347] may—

• (a) be made by the adopted child, the adopter or adopters or the birth parents of the child; and

• (b) shall be made in Form A17.

• (2) The respondents shall be—

• (a) the adopter or adopters (if not the applicant),

• (b) the birth parents (if not the applicant),

• (c) the adoption agency,

• (d) the Board to whom notice under Article 22 was given (if different),

• (e) the Attorney General

and the court may require notice of the application to be served on such other persons as it thinks fit, including the child, having regard to the child’s age and degree of maturity.

Application to declare overseas adoption invalid or determination invalid or affected

4B.8

• (1) An application for an order or decision under Article 55A(2) shall be made in Form A18.

• (2) The respondent shall be—

• (a) the adopted person; and

• (b) any adopter, not being the applicant.

Evidence in support of application

4B.9

• (1) Evidence in support of an application under Article 55A shall be given by means of an affidavit in Form A19 which shall be filed within 14 days after the issue of the application.

• (2) There shall be exhibited to the affidavit a statement of facts and there shall be filed with the affidavit expert evidence of any provision of foreign law relating to adoption on which the applicant intends to rely.

• (3) The court may order any deponent to give oral evidence concerning the grounds stated in, or exhibited to, his affidavit.

Notice of order made under Article 55A

4B.10

Where under Article 55A the court has ordered that an adoption be annulled or that an adoption or a determination shall cease to be valid in Northern Ireland, the Master shall serve notice of the order on the Registrar General and, where it relates to a Convention adoption order or a Convention adoption, the relevant Central Authority, and shall state in the notice—

• (a) the date of the adoption;

• (b) the name and address of the authority which granted the adoption; and

• (c) the names of the adopter or adopters and of the adopted person as given in the affidavit referred to in rule 4B.9.

Application for removal, return etc. of the child in Convention proceedings

4B.11

• (1) Paragraph (2) shall apply where—

• (a) a notice under regulation 16(1) of the Hague Convention Regulations has been given but not been complied with; or

• (b) before such a notice was given an application for a Convention adoption order has been made and not disposed of.

• (2) Where this paragraph applies, an application for the return of the child shall be made in writing by the Board to whom notice under Article 22 was given.

• (3) The respondents shall be—

• (a) the prospective adopter or adopters,

• (b) the guardian ad litem,

• (c) the adoption agency (if different)

and the court may require notice of the application to be served on such other persons as it thinks fit, including the child, having regard to the child’s age and degree of maturity.

• (4) Any respondent who wishes to contest the notice shall, within 7 days of service of the notice upon him, file and serve an answer.

• (5) The Master shall list the case for hearing on a date not more than 21 days from the date the application under paragraph (2) was submitted to the court.

Specific applications

4B.12

• (1) Where a Convention adoption order is to be or has been sought and has not been disposed of the applicant or proposed applicant may apply to the court for an order—

• (a) permitting the child to be known by a new surname, or

• (b) permitting the child to be removed from the United Kingdom for a period of one month or more.

• (2) The application under paragraph (1) shall be made—

• (a) if an application for a Convention adoption order under Article 16A[^f00348] is pending, on notice in those proceedings; or

• (b) if no such application is pending, by filing written application in the court.

• (3) The Master shall serve a copy of the application and a notice of the date of the hearing—

• (a) in a case where proceedings for an adoption order are pending on all the parties to those proceedings and on the guardian ad litem;

• (b) in any other case, on the adoption agency and the Board to whom notice under Article 22 was given.

Witnessing of documents

4B.13

A document shall be sufficiently attested for the purposes of this Part of these rules if it is witnessed by one of the following persons—

• (a) if it is executed in Northern Ireland, the guardian ad litem, a Lay Magistrate, any officer of the Court of Judicature appointed by the Lord Chief Justice in accordance with section 112 of the Judicature (Northern Ireland) Act 1978[^f00349];

• (b) if it is executed elsewhere, any person specified in rule 4A.7(2), (3) or (4), according to the country in which it is executed.

Service of documents

4B.14

Any document served out of the jurisdiction in a country in which English is not an official language shall be accompanied by a translation of the document in the official language of the country in which service is to be effected or, if there is more than one official language of the country, in any one of those languages which is appropriate to the place in that country where service is to be effected.

Translation of documents

4B.15

Where a translation of any document is required for the purposes of Convention proceedings, the translation shall, unless otherwise directed, be provided by the applicant.

PART IVC — MISCELLANEOUS PROCEEDINGS UNDER THE ORDER OF 1987

Application for leave of the court etc

4C.1

• (1) An application under—

• (a) Article 20(2);

• (b) Article 28(1) or (2);

• (c) Article 29(1) or (2);

• (d) Article 30(1);

• (e) Article 30(2); or

• (f) Article 31(2),

shall be made in accordance with paragraph (2).

• (2) An application pursuant to paragraph (1) shall be made—

• (a) if an application for an adoption order or an order under Articles 17, 18 or 20 is pending, by sending a notice of application in Form A20 to the Master; or

• (b) if no such application is pending, by sending a notice of application in Form A21 to the Master.

• (3) Subject to paragraph (5), the Master shall serve a copy of the notice of application, together with a notice of the date of hearing—

• (a) where the proceedings specified in paragraph 2(a) were pending at the time of receipt of the application or where such proceedings were commenced subsequently, on the parties to those proceedings and on the guardian ad litem;

• (b) in any other case, on any person against whom an order is sought in the application and on the Board to whom the prospective adopter has given notice under Article 22; and

• (c) in any case, on such other person or body, not being the child, as the court thinks fit.

• (4) Anyone who wishes to object to the application shall, within 14 days of the service of the application on him, send written notice of his objection to the Master.

• (5) The Master shall serve a copy of the written notice of objection on each person served with a copy of the application.

• (6) If in any application under this rule a serial number has been assigned to a person who has applied or who proposes to apply for an adoption order, or such a person applies to the Master in that behalf before filing the application and a serial number is assigned accordingly—

• (a) the Master shall ensure that the documents served under paragraph (3) or (5) do not disclose the identity of that person to any other party to the application under this rule who is not already aware of that person’s identity, and

• (b) the proceedings on the application under this rule shall be conducted with a view to securing that he is not seen by or made known to any party who is not already aware of his identity except with his consent.

• (7) Unless otherwise directed, any prospective adopter who is served with a copy of an application under this rule and who wishes to oppose the application shall file his application for an adoption order within 14 days or before or at the time of the hearing of the application under this rule, whichever is the earliest.

• (8) The court may at any time give directions as to the appointment of a guardian ad litem of the child.

• (9) Where an application under paragraph (1)(a), (b) or (e) is granted or an application under paragraph (1)(c) or (d) is refused, the judge may thereupon, if any application for an adoption order has been filed, treat the hearing of the application as the hearing of the application for an adoption order and refuse an adoption order accordingly.

• (10) Where an application under this rule is determined the Master shall serve notice of the effect of the determination on all the parties.

Proposed foreign adoption proceedings

4C.2

• (1) An application under Article 57(1) shall be made in Form A9.

• (2) Subject to paragraph (3), rules 4A.14, 4A.15(2) to (5), 4A.16 to 4A.25 and this Part (except rule 4C.7(1)(e)) shall apply to an application for an order authorising a proposed foreign adoption as if such an order were an adoption order.

• (3) An applicant for an order authorising a proposed foreign adoption shall provide expert evidence of the law of adoption in the country in which he is domiciled and an affidavit as to that law sworn by such a person as is mentioned in section 114(3) of the Judicature (Northern Ireland) Act 1978[^f00350] (that is to say a person who is suitably qualified on the account of his knowledge or experience to give evidence as to that law) shall be admissible in evidence without notice.

Amendment and revocation of orders

4C.3

• (1) An application under Article 52 for the amendment of an adoption order or the revocation of a direction to the Registrar General, or under Article 55 for the revocation of an adoption order, may be made ex parte in the first instance, but the court may require notice of the application to be served on such persons as it thinks fit.

• (2) Where the application is granted, the Master shall send to the Registrar General a notice specifying the amendments or informing him of the revocation and shall give sufficient particulars of the order to enable the Registrar General to identify the case.

Service of documents

4C.4

Subject to rule 4B.14, the person effecting service of any document under Part IVA, Part IVB or this Part of these rules shall make, sign and file a certificate showing the date, place and mode of service. If he has failed to effect service of any document, he shall make, sign and file a certificate of non-service showing the reason why service has not been effected.

Costs

4C.5

On the determination of proceedings to which Part IVA, Part IVB or Part IVC of these rules apply or on the making of an interim order, the judge may make such order as to the costs as he thinks just and, in particular, may order the applicant to pay—

• (a) the expenses incurred by the guardian ad litem,

• (b) the expenses incurred by any respondent in attending the hearing,

or such part of those expenses as the judge thinks proper.

Notice and copies of orders etc

4C.6

• (1) In proceedings to which Part IVA, Part IVB or Part IVC of these rules apply orders shall be made in the form indicated in this paragraph—

Description of order	Description of order	Form
(a)	Order under Article 17	A22
(b)	Order under Article 18	A23
(c)	Order under Article 20	A24
(d)	Interim order	A25
(e)	Order under Article 40(3A)	A26
(f)	Adoption order	A27
(g)	Convention adoption order	A27 (with the word ‘Convention’ inserted where appropriate)
(h)	Order authorising a proposed foreign adoption	A27 (with the words ‘order authorising a proposed foreign adoption’ substituted for the words ‘adoption order’ wherever they appear)

• (2) Within 7 days of the making of an order to which paragraph (1)(d), (f) or (g) applies, the Master shall send a copy of the order to the Registrar General.

• (3) Where an order to which paragraph (1)(a), (b), (f) or (g) applies is made or refused or an order to which paragraph (1)(c) applies is made, the Master shall serve notice to that effect on every respondent.

• (4) The Master shall serve notice of the making of an order to which paragraph (1)(a), (b), (c), (g) or (h) applies on any court in the United Kingdom which appears to him to have made any such order as is referred to in Article 12(3) (orders relating to parental responsibility for the child).

• (5) A copy of any order may be supplied to the Registrar General at his request.

• (6) A copy of any order may be supplied to the applicant.

• (7) A copy of any order may be supplied to any other person with the leave of the court.

• (8) Within 7 days of the making of an order to annul a Convention adoption order or a Convention adoption, the proper officer shall send a copy of the order to the applicant, every respondent, the relevant Central Authority and the Registrar General.

Custody, inspection and disclosure of documents and information

4C.7

• (1) All documents relating to proceedings under the Order of 1987 (or under any previous enactments relating to adoption) shall, while they are in the custody of the court, be kept in a place of special security.

• (2) A party who is an individual and is referred to in a confidential report supplied to the court by an adoption agency, a Board or a guardian ad litem may inspect, for the purposes of the hearing, that part of any such report which refers to him, subject to any direction given by the court that—

• (a) no part of one or any of the reports shall be revealed to that party, or

• (b) the part of one or any of the reports referring to that party shall be revealed only to that party’s legal advisers, or

• (c) the whole or any other part or any of the reports shall be revealed to that party.

• (3) Any person who obtains any information in the course of, or relating to, any proceedings mentioned in paragraph (1) shall treat that information as confidential and shall only disclose it if—

• (a) the disclosure is necessary for the proper exercise of his duties, or

• (b) the information is requested—

• (i) by a court or public authority (whether in Northern Ireland or not) having power to determine adoptions and related matters, for the purpose of the discharge of its duties in that behalf, or

• (ii) by the Registrar General, or a person authorised in writing by him, where the information requested relates only to the identity of any adoption agency which made the arrangements for placing the child for adoption in the home of the applicants, and of any Board which was notified of the applicant’s intention to apply for an adoption order in respect of the child, or

• (iii) by a person who is authorised in writing by the Department to obtain the information for the purposes of research.

• (4) Save as required or authorised by a provision of any enactment or of these Rules or with the leave of the court, no document or order held by or lodged with the court in proceedings under the Order of 1987 (or under any previous enactment relating to adoption) shall be open to inspection by any person, and no copy of any such document or order, or of an extract from any such document or order, shall be taken by or issued to any person.

Transfer to county court

4C.8

Where the Judge presiding in the High Court is of the opinion that, by reason of any special circumstances, an application under the Order of 1987 should be dealt with in the county court, he may by order transfer the matter to a county court and any matter so transferred shall be heard and determined in accordance with these rules as if it has been commenced in that court.]

[ County courts prescribed as an authorised court

4C.9

For the purposes of Article 2(2)(c) a county court specified as a family care centre in Schedule 2 to the Children (Allocation of Proceedings) Order (Northern Ireland) 1996 is prescribed as an authorised court.]

Appeal from a [ designated county court] to the Court of Appeal

5.1

R.S.C. Order 58 rule 4 and Order 59 shall apply with the necessary modifications to an appeal to the Court of Appeal under Article 48(9) of the Order of 1978[^f00353] or Article 40(2) of or paragraph 10 of Schedule 1 to the Order of 1989 [[^f00354] or Article 39(6) of the Order of 1998] [[^f00355] or section 189(1) of the Act of 2004] [[^f00356] or paragraph 11(3) of Schedule 1 to the Act of 2007 from, as the case may be a decree, civil partnership order, forced marriage protection order, or other order of a judge (or the dismissal of or refusal to grant such decree or order) in proceedings in the county court as if the reference to the High Court in Order 59 rule 10(1) were a reference to the county court.]

5.2

• (1) C.C.R Order 14 rule 1(1)(f) (which enables the judge to vary or rescind an order by the district judge in the course of proceedings) shall not apply to an order or decision made or given by the district judge in family proceedings in a county court but any party may appeal from such an order or decision to a judge on notice filed within 5 days after the order or decision was made or given and served not later than 2 clear days before the day fixed for hearing of the appeal, which shall be heard in chambers unless the judge otherwise orders.

• (2) Except so far as the court may otherwise order, an appeal under paragraph (1) shall not operate as a stay of proceedings on the order or decision appealed from.

[ Appeals from orders made under the Order of 1998

5.3

• (1) Where an appeal lies to the High Court or a county court such as is specified in the Allocation Order of 1999 for the purposes of Article 39(4)(a) of the Order of 1998—

• (a) paragraphs (2) to (6) of rule 4.23, and

• (b) paragraph (2) of rule 5.2,

shall apply subject to the following provisions of this rule and with the necessary modifications.

• (2) Where the appeal is brought against the making of a hospital order or a guardianship order under the Mental Health (Northern Ireland) Order 1986[^f00358], a copy of any written evidence considered by the magistrates’ court under Article 44(2)(a) of that Order shall be sent by the clerk of petty sessions to the chief clerk ....]

[ Appeal under section 8(1) of the Gender Recognition Act 2004

5.4

• (1) R.S.C. Order 55 applies to an appeal to the High Court under section 8(1) of the Gender Recognition Act 2004 subject to the modifications made by this rule.

• (2) The notice of the originating motion shall be—

• (a) issued out of the Matrimonial Office;

• (b) served on the Secretary of State in addition to the person to be served under R.S.C. Order 55 rule 15(1).

• (3) The Secretary of State may appear and be heard in the proceedings on the appeal.

• (4) Where the High Court issues a gender recognition certificate under section 8(3)(a) of the Gender Recognition Act 2004, the proper officer shall send a copy of that certificate to the Secretary of State.]

6.1

• (1) In this Part—

• “person under disability” means a person who is a minor or a person who by reason of mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986[^f00360] is incapable of managing and administering his property and affairs.

• (2) So far as they relate to minors who are the subject of applications the provisions of this Part shall not apply to proceedings which are specified proceedings within the meaning of Article 60(6) of the Order of 1995 and this Part shall have effect subject to the said Article 60(6) and Part IV.

• (3) Rule 6.3 shall apply only to proceedings under the Order of 1995.

6.2

• (1) A person under disability may begin and prosecute any family proceedings by his next friend and may defend any such proceedings by, his guardian ad litem and, except as otherwise provided by this rule, it shall not be necessary for a guardian ad litem to be appointed by the court.

• (2) No person’s name shall be used in any proceedings as next friend of a person under disability unless he is the Official Solicitor or the documents mentioned in paragraph (6) have been filed.

• (3) Where the disability of a person who is entitled to defend any family proceedings is not solely due to minority, the Official Solicitor shall, if he consents, be guardian ad litem; but at any stage of the proceedings an application may be made (on not less than 4 days’ notice to the Official Solicitor, if he has consented to act) for the appointment of some other person as guardian; and there shall be filed in support of any application under this paragraph the documents mentioned in paragraph (6).

• (4) Where a petition, answer, application or originating summons has been served on a person whom there is reasonable ground for believing to be a person under disability and no notice or intention to defend has been given or answer or affidavit in answer filed on his behalf, the party at whose instance the document was served shall, before taking any further step in the proceedings, apply to the Master for directions as to whether a guardian ad litem should be appointed to act for that person in the cause, and on any such application the Master may, if he considers it necessary in order to protect the interest of the person served, order that some proper person be appointed his guardian ad litem.

• (5) No notice of intention to defend shall be given, or answer or affidavit in answer filed (by or on behalf of a person under disability) unless the person giving the notice or filing the answer or affidavit—

• (a) is the Official Solicitor or, in a case in which paragraph (3) applies, is the Official Solicitor or has been appointed by the court to be guardian ad litem; or

• (b) in any other case, has filed the documents mentioned in paragraph (6).

• (6) The documents referred to in paragraphs (2), (3) and (5) are—

• (a) a written consent to act by the proposed next friend or guardian ad litem;

• (b) a certificate by the solicitor acting for the person under disability—

• (i) that he knows or believes that the person to whom the certificate relates is a person under disability stating the grounds of his knowledge or belief, and

• (ii) that the person named in the certificate as next friend or guardian ad litem has no interest in the cause or matter in question adverse to that of the person under disability and is a proper person to be next friend or guardian.

6.3

• (1) Where a person entitled to begin, prosecute or defend any proceedings to which this rule applies, is a minor to whom this Part applies, he may subject to paragraph (3), begin, prosecute or defend, as the case may be, such proceedings without a next friend or guardian ad litem—

• (a) where he has obtained the leave of the court for that purpose; or

• (b) where a solicitor—

• (i) considers that the minor is able, having regard to his understanding to give instructions in relation to the proceedings; and

• (ii) has accepted instructions from the minor to act for him in the proceedings and, where the proceedings have begun, is so acting.

• (2) A minor shall be entitled to apply for the leave of the court under paragraph (1)(a) without a next friend or guardian ad litem either—

• (a) by filing a written request for leave setting out the reasons for the application, or

• (b) by making an oral request for leave at any hearing in the proceedings.

• (3) On considering a request for leave filed under paragraph (2)(a), the court shall either—

• (a) grant the request, whereupon the proper officer or chief clerk shall communicate the decision to the minor and, where the leave relates to the prosecution or defence of existing proceedings, to the other parties to those proceedings, or

• (b) direct that the request be heard ex parte, whereupon the proper officer or chief clerk shall fix a date for such a hearing and give to the minor making the request such notice of the date so fixed as the court may direct.

• (4) Where a minor has a next friend or guardian ad litem in proceedings and the minor wishes to prosecute or defend the remaining stages of the proceedings without a next friend or guardian ad litem, the minor may apply to the court for leave for that purpose and for the removal of the next friend or guardian ad litem; and paragraph (2) shall apply to the application as if it were an application under paragraph (1)(a).

• (5) On considering a request filed under paragraph (2) by virtue of paragraph (4), the court shall either—

• (a) grant the request, whereupon the proper officer or chief clerk shall communicate the decision to the minor and next friend or guardian ad litem concerned and to all other parties to the proceedings, or

• (b) direct that the request be heard, whereupon the proper officer or chief clerk shall fix a date for such a hearing and give to the minor and next friend or guardian ad litem concerned such notice of the date so fixed as the court may direct;

provided that the court may act under sub-paragraph (a) only if it is satisfied that the next friend or guardian ad litem does not oppose the request.

• (6) Where the court is considering whether to—

• (a) grant leave under paragraph (1)(a), or

• (b) grant leave under paragraph (4) and remove a next friend or guardian ad litem,

it shall grant the leave sought and, as the case may be, remove the next friend or guardian ad litem if it considers that the minor concerned has sufficient understanding to participate as a party in the proceedings concerned or proposed without a next friend or guardian ad litem.

• (6A) [^f00361] In exercising its powers under paragraph (6) the court may order the next friend or guardian ad litem to take such part in the proceedings as the court may direct.]

• (7) Where a request for leave is granted at a hearing fixed under paragraph (3)(b) (in relation to the prosecution or defence of proceedings already begun) or (5)(b), the proper officer or chief clerk shall forthwith communicate the decision to the other parties to the proceedings.

• (8) The court may revoke any leave granted under paragraph (1)(a) where it considers that the child does not have sufficient understanding to participate as a party in the proceedings concerned without a next friend or guardian ad litem.

• (9) Without prejudice to any requirement of C.C.R. Order 43, rule 2 or R.S.C. Order 67, where a solicitor is acting for a minor in proceedings which the minor is prosecuting or defending without a next friend or guardian ad litem by virtue of paragraph (1)(b) and either of the conditions specified in the paragraph (1)(b)(i) and (ii) cease to be fulfilled, he shall forthwith so inform the court.

• (10) Where—

• (a) the court revokes any leave under paragraph (8), or

• (b) either of the conditions specified in paragraph (1)(b)(i) and (ii) is no longer fulfilled,

the court may, if it considers it necessary in order to protect the interests of the minor concerned, order that some proper person be appointed his next friend or guardian ad litem.

• (11) Where a minor is of sufficient understanding to begin, prosecute or defend proceedings without a next friend or guardian ad litem—

• (a) he may nevertheless begin, prosecute or defend them by his next friend or guardian ad litem; and

• (b) where he is prosecuting or defending proceedings by his next friend or guardian ad litem, the respective powers and duties of the minor and next friend or guardian ad litem, except those conferred or imposed by this rule shall not be affected by the minor’s ability to dispense with a next friend or guardian ad litem under the provisions of this rule.

6.4

• (1) Where a document to which rule 2.9 applies is required to be served on a person under disability it shall be served—

• (a) in the case of a minor who is not otherwise a person under disability, on his father or guardian or, if he has no father or guardian, on the person with whom he resides or in whose care he is;

• (b) in the case of any other person under disability—

• (i) on the Official Solicitor if he has consented under rule 6.2(3) to be the guardian ad litem, or

• (ii) if the Official Solicitor has not so consented, on the person with whom he resides or in whose care he is:

Provided that the court may order that a document which has been, or is to be, served on the person under disability or on a person other than one mentioned in sub-paragraph (a) or (b) shall be deemed to be duly served on the person under disability.

• (2) Where a document is served in accordance with paragraph (1), it shall be indorsed with a notice in Form M22; and after service has been effected the person at whose instance the document was served shall, unless the Official Solicitor is the guardian ad litem of the person under disability or the court otherwise directs, file an affidavit by the person on whom the document was served stating whether the contents of the document were, or its purport was, communicated to the person under disability and, if not, the reasons for not doing so.

6.5

• (1) Where a petition for nullity [[^f00362] of marriage] has been presented on the ground that at the time of the marriage the respondent was suffering from mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 of such a kind or to such an extent as to be unfitted for marriage, then, whether or not the respondent gives notice of intention to defend, the petitioner shall not proceed with the cause without the leave of the Master.

• (1A) [^f00363] Where a petition for nullity of civil partnership has been presented on the ground that at the time of the formation of the civil partnership the respondent was suffering from mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986[^f00364] of such a kind or to such an extent as to be unfitted for civil partnership, then, whether or not the respondent gives notice of intention to defend, the petitioner shall not proceed with the cause without the leave of the Master.]

• (2) The Master may make it a condition of granting leave that some proper person be appointed to act as guardian ad litem of the respondent.

6.6

• (1) Without prejudice to rule 2.59, if in any family proceedings it appears to the court that any child ought to be separately represented, the court may appoint—

• (a) the Official Solicitor, or

• (b) some other proper person,

(provided, in either case, that he consents) to be the guardian ad litem of the child, with authority to take part in the proceedings on the child’s behalf.

• (2) An order under paragraph (1) may be made by the court of its own motion or on the application of a party to the proceedings or of the proposed guardian ad litem.

• (3) The court may at any time direct that an application be made by a party for an order under paragraph (1) and may stay the proceedings until the application has been made.

• (4) Unless the court otherwise directs, on making an application for an order under paragraph (1) the applicant shall—

• (a) unless he is the proposed guardian ad litem, file a written consent by the proposed guardian to act as such;

• (b) unless the proposed guardian ad litem is the Official Solicitor, file a certificate that the proposed guardian has no interest in the proceedings adverse to that of the child and is a proper person to be guardian.

• (5) Unless the court otherwise directs, a person appointed under this rule or rule 2.59 to be the guardian ad litem of a child in any family proceedings shall be treated as a party for the purpose of any provision of these Rules requiring a document to be served on or notice to be given to a party to the proceedings.

7.1

Except for rule 7.2, the provisions of this Part apply to all family proceedings, but have effect subject to the provisions of any other Part of these Rules.

7.2

• (1) A wife who is petitioner in a cause or who has been given notice of intention to defend may, after the certificate of readiness has been lodged or at an earlier stage of a cause with leave, lodge her bill of costs incurred to the date of such certificate for taxation against her husband. The taxing master on the taxation of such bill of costs shall if requested by the wife so to do ascertain what is a sufficient sum of money to cover the costs of the wife of and incidental to the trial or hearing of the cause, and the Master may, unless the husband shall prove that the wife has sufficient separate estate or show other good cause, order the husband within such time as the Master may fix to pay to the wife or into court the amount of such taxed costs and to pay into court or secure the sum ascertained as sufficient to cover the costs of and incidental to the trial or hearing and may direct a stay of the proceedings until the order is complied with.

• (2) C.C.R Order 4, rule 1 (which provides that a plaintiff may be required to give security for costs if he is not resident in Northern Ireland), shall not apply to matrimonial proceedings in a county court.

7.3

• (1) Any document in family proceedings may be served out of the jurisdiction without leave either in the manner prescribed by these Rules for service within the jurisdiction or in accordance with R.S.C. Order 11.

• (2) Where a petition or notice of an application for ancillary relief is to be served out of the jurisdiction, the time limited for giving notice of intention to defend which is to be endorsed on the petition or contained in the notice shall be fixed having regard to the place where or country within which the petition or notice is to be served in accordance with the practice adopted under the said Order.

7.4

• (1) Where a document is required by these Rules to be sent to any person, it shall, unless otherwise directed, be sent by post—

• (a) if a solicitor is acting for him,

• (i) to the solicitor’s address; or

• (ii) where that address includes a numbered box at a document exchange, at that document exchange or at a document exchange which transmits documents every business day to that document exchange; and any document which is left at a document exchange in accordance with this paragraph, shall unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left;

• (iii) by sending a legible copy of the document by FAX (as defined by R.S.C. Order 1 rule 3(1)) in accordance with the provisions of R.S.C. Order 65 rule 5(2A) to the solicitor’s office;

• (b) if he is acting in person, to the address for service given by him or, if he has not given an address for service his last known address, but if in the opinion of the Master the document would be unlikely to reach him if sent to that address, the Master may dispense with sending the document to him.

• (2) Unless the court otherwise directs, service of any document in family proceedings shall, if no other mode of service is prescribed or ordered, be effected—

• (a) if a solicitor is acting for the person to be served by leaving the document at, or sending it by first class pre-paid post to, the solicitor’s address;

• (b) if the person to be served is acting in person, by delivering the document to him or by leaving it at, or sending it by first class pre-paid post to, the address for service given by him or, if he has not given an address for service, his last known address;

Provided that where, in a case to which sub-paragraph (b) applies, it appears to the Master that it is impracticable to deliver the documents to the person to be served and that, if the document were left at, or sent by post to, the address specified in that sub-paragraph, it would be unlikely to reach him, the Master may dispense with service of the document.

• (3) [^f00365] Where a document is required by these Rules to be served personally and the court is satisfied by evidence on oath that personal service is impracticable, it may order that service of that document be effected in such manner as it may direct.]

7.5

Except where these Rules, or any rules applied by these Rules, otherwise provide, every application in family proceedings shall be made to a Master by summons.

7.6

No provision in the Rules of the Supreme Court (Northern Ireland) 1980, which requires a party to give notice of intention to proceed after a year’s delay, shall apply to any family proceedings.

7.7

Where the file of any matrimonial proceedings [[^f00366] or civil partnership proceedings] has been sent from the Matrimonial Office to a county court for the purpose of a hearing or for some other purpose, any document required to be filed shall be filed in that court.

7.8

Unless the court otherwise directs, any notice which is required by these Rules to be given to any person shall be in writing and, if it is to be given by the proper officer or chief clerk, shall be given by post.

[ Evidence

7.8A

The court may allow a witness to give evidence through a video link or by any other method of direct communication.]

Copies of Decrees [, civil partnership orders and other orders]

7.9

• (1) A copy of every decree [[^f00368], civil partnership order or other order] shall be sent by the proper officer or chief clerk to every party to the cause.

• (2) A sealed or other copy of a decree [[^f00368], civil partnership order or other order) pronounced or made in open court shall be issued to any person requiring it on payment of the prescribed fee.

Service of order

7.10

• (1) Where an order made in family proceedings has been drawn up, the proper officer or chief clerk, as the case may be, shall, unless the court otherwise directs, send a copy of the order to every party affected by it.

• (2) Where a party against whom the order is made is acting by a solicitor, a copy may, if the Master thinks fit, be sent to that party as well as to his solicitor.

• (3) It shall not be necessary for the person in whose favour the order was made to prove that a copy of the order has reached any other party to whom it is required to be sent.

• (4) This rule is without prejudice to R.S.C. Order 45, rule 5 (which deals with the service of an order to do or abstain from doing an act), C.C.R Order 57, rule 7 (which deals with orders enforceable by attachment), and any other rule or enactment for the purposes of which an order is required to be served in a particular way.

Record of proceedings at trial

7.11

• (1) A record of the proceedings at the trial of every cause shall where practicable be made by mechanical or electronic means.

• (2) A record may be made by mechanical or electronic means of any other proceedings before the judge if directions for making such a record are given by him.

• (3) The person who operated the recording machine shall, if it be the case, certify that the recording is a complete recording or a continuous part of a complete recording taken at the proceedings to which it relates.

• (4) On being so directed a shorthand writer or other competent person shall furnish the Master with a transcript of the whole or such part as may be directed of the record.

• (5) The shorthand writer or other competent person shall, if it be the case, certify the transcript to be a correct transcript of the record or such part of the record as may be requested.

• (6) Any party, any person who has intervened in a cause or the Crown Solicitor shall be entitled to bespeak a copy of the transcript on payment of the appropriate fee.

Inspection of documents retained in court

7.12

• (1) A party to any family proceedings or his solicitor or the Crown Solicitor or a person appointed under rule 2.59 or 6.6 to be the guardian ad litem of a child in any family proceedings may have a search made for, and may inspect and bespeak a copy of, any document filed or lodged in the court office in those proceedings.

• (2) Except as provided by paragraph (1) of this rule no document filed or lodged in the court office other than a [[^f00369] decree, civil partnership order or other order] made in open court, shall be open to inspection by any person without the leave of the Master, and no copy of any such document, or of an extract from any such document, shall be taken by, or issued to, any person without such leave.

Disclosure of information under the Order of 1991

7.13

Where the Department requires a person mentioned in regulation 2(2) or (3) of the Child Support (Information, Evidence and Disclosure) Regulations (Northern Ireland) 1992[^f00370] to furnish information or evidence for a purpose mentioned in regulation 3 of those Regulations nothing in rule 7.12 shall prevent that person from furnishing the information or evidence sought or require him to seek the leave of the court before doing so.

[ Documents in family proceedings concerning gender recognition

7.13A

• (1) This rule applies to all documents in family proceedings brought under—

• (a) Article 14(g) or (h) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978;

• (b) section 174(1)(d) or (e) of the Act of 2004; and

• (c) the Gender Recognition Act 2004.

• (2) Documents to which this rule applies shall, while they are in the custody of the court, be kept in a place of special security.]

Applications for relief which are precluded by the Order of 1991

7.14

• (1) Where an application is made for an order which in the opinion of the Master, the court would be prevented from making by Article 10 or 11 of the Order of 1991 the proper officer or chief clerk as the case may be, shall send a notice in Form M31 to the applicant and to the other parties.

• (2) In the first instance, the Master shall consider the matter under paragraph (1), without holding a hearing.

• (3) An applicant who has been sent a notice under paragraph (1) may within 14 days of receipt of the notice inform the proper officer or chief clerk, as the case may be, in writing, that he wishes to pursue his application and upon being so informed the proper officer shall act in accordance with paragraph (4) and the chief clerk shall refer the matter to the district judge who shall act in accordance with paragraph (4).

• (4) Where the Master acts in accordance with this paragraph he shall fix an appointment for the matter to be heard and determined by the court and may direct that the hearing shall be ex parte.

• (5) Where an appointment has been fixed in accordance with paragraph (4) the proper officer or chief clerk, as the case may be, shall give the applicant notice of the date and time of the appointment and in relation to the other parties—

• (a) where the hearing is to be ex parte, inform them that the matter is being resolved ex parte and that they will be informed of the result in due course;

• (b) where the hearing is to be inter partes, inform them of the date and time of the appointment.

• (6) Where a notice is sent under paragraph (1) and the proper officer or chief clerk, as the case may be, is not informed under paragraph (3) the application shall be treated as having been withdrawn.

• (7) Where the matter is heard in accordance with paragraph (4) and the court determines that it would be prevented by Article 10 or 11 of the Order of 1991 from making the order sought it shall dismiss the application.

• (8) Where the court dismisses an application under this rule it shall give its reasons in writing, copies of which shall be sent to the parties by the proper officer or chief clerk, as the case may be.

• (9) In this rule “the matter” means the question whether the making of an order in the terms sought by the application would be prevented by Article 10 or 11 of the Order of 1991.

Additional requirement where application for child maintenance is combined with application for other relief

7.15

Where a notice is sent under rule 7.14(1) in respect of an application which is contained in a petition or other document (“the document”) which contains material intrinsic to the application—

• (a) the document shall, until the contrary is directed under sub-paragraph (c), be treated as if it did not contain the application in respect of which the notice was sent;

• (b) the proper officer or chief clerk shall, when he sends a copy of the notice under rule 7.14(1) to the parties, also send a notice informing them of the effect of sub-paragraph (a); and

• (c) where it is determined under rule 7.14 that the court would not be prevented by Article 10 or 11 of the Order of 1991 from making the order sought by the application, the court shall direct that the document shall be treated as if it contained the application, and it may give such directions as it considers appropriate for the conduct of the proceedings in consequence of that direction.

Disclosure of address

7.16

• (1) Subject to rule 2.4 nothing in these Rules shall be construed as requiring any party to reveal the address of their private residence (or that of any child) except by order of the court.

• (2) Where a party declines to reveal an address in reliance upon paragraph (1) he shall give notice to the court in Form C5 and that address shall not be revealed to any person except by order of the court.

Practice to be observed in the Matrimonial Office and [ the county courts]

7.17

The Lord Chief Justice may with the concurrence of the Lord Chancellor, issue directions for the purpose of securing due observance of statutory requirements and uniformity of practice in matrimonial proceedings [[^f00373] and civil partnership proceedings] in the Matrimonial Office and [[^f00374] the county courts].

Application

8.1

In this Part, unless the context otherwise requires—

• “matrimonial order” means an order made in matrimonial proceedings for the periodical payment of money;

• [[^f00375] “civil partnership order” means an order made in civil partnership proceedings for the periodical payment of money;]

• “government stock” means any stock issued by Her Majesty’s government in the United Kingdom or any funds of or annuity granted by that body;

• “judgment creditor” means the person entitled to payments under an order;

• “judgment debtor” means the person liable to make payments under an order.

Attachment of debt due to judgment debtor

8.2

• (1) On the application of the judgment creditor where there is an amount remaining unpaid by the judgment debtor under a matrimonial order [[^f00376] or a civil partnership order] and any other person within the jurisdiction (hereinafter referred to as “the garnishee”) is in debt to the judgment debtor, the court may, subject to the provisions of paragraph (2) and rules 8.3 to 8.8 and 8.10 and to any other statutory provision, order the garnishee to pay the judgment creditor the amount of any debt due or accruing to the judgment debtor from the garnishee, or so much thereof as is sufficient to satisfy the order and the costs of the garnishee proceedings.

• (2) An order under this rule shall in the first instance be an order to show cause, specifying the time and place for further consideration of the matter, and in the meantime attaching such debt as is mentioned in paragraph (1), or so much thereof as may be specified in the order, to answer the order mentioned in that paragraph and the costs of the garnishee proceedings.

• (3) In this rule “the garnishee” shall include a limited company having a place of business within the jurisdiction or a firm any member of which is resident within the jurisdiction and a garnishee order may be made against any firm in the name of the firm; and any appearance by any member then within the jurisdiction pursuant to an order made under this rule shall be a sufficient appearance by the firm.

Application for order

8.3

An application for an order under rule 8.2 must be made ex parte supported by an affidavit—

• (a) identifying the order to be enforced and stating the amount remaining unpaid under it at the time of the application;

• (b) stating that to the best of the information and belief of the deponent the garnishee (naming him) is within the jurisdiction and is indebted to the judgment debtor and stating the sources of the deponent’s information and the grounds for his belief; and

• (c) stating, where the garnishee is a bank having more than one place of business, the name and address of the branch at which the judgment debtor’s account is believed to be held or, if it be the case, that this information is not known to the deponent.

Service and effect of order to show cause

8.4

• (1) An order under rule 8.12 to show cause must, at least 7 days before the time appointed thereby for the further consideration of the matter, be served—

• (a) on the garnishee personally, and

• (b) unless the court otherwise directs, on the judgment debtor.

• (2) Such an order shall bind in the hands of the garnishee as from the service of the order on him any debt specified in the order or so much thereof as may be so specified.

No appearance or dispute of liability by garnishee

8.5

• (1) Where on the further consideration of the matter the garnishee does not attend or does not dispute the debt due or claimed to be due from him to the judgment debtor, the court may, subject to rule 8.8 make an order absolute under rule 8.2 against the garnishee.

• (2) An order absolute under rule 8.2 against the garnishee may be enforced as if judgment for the amount payable thereunder had been given against the garnishee.

Dispute of liability by garnishee

8.6

Where on the further consideration of the matter the garnishee disputes liability to pay the debt due or claimed to be due from him to the judgment debtor, the court may summarily determine the question at issue or order that any question necessary for determining the liability of the garnishee be tried in any manner in which any question or issue in an action may be tried.

Claims of third persons

8.7

• (1) If in garnishee proceedings it is brought to the notice of the court that some other person than the judgment debtor is or claims to be entitled to the debt sought to be attached or has or claims to have a charge or lien upon it, the court may order that person to attend before the court and state the nature of his claim with particulars thereof.

• (2) After hearing any person who attends before the court in compliance with an order under paragraph (1), the court may summarily determine the questions at issue between the claimants or make such other order as it thinks just, including an order that any question or issue necessary for determining the validity of the claim of such other person as is mentioned in paragraph (1) be tried in such manner as is mentioned in rule 8.6.

Discharge of garnishee

8.8

Any payment made by a garnishee in compliance with an order absolute under these Rules, shall be a valid discharge of his liability to the judgment debtor to the extent of the amount paid notwithstanding that the garnishee proceedings are subsequently set aside or the judgment or order from which they arose is reversed.

Money in court

8.9

• (1) Where money is standing to the credit of the judgment debtor in court, the judgment creditor shall not be entitled to take garnishee proceedings in respect of that money but may apply to the court by summons for an order that the money or so much thereof as is sufficient to satisfy the order sought to be enforced and the costs of the application be paid to the judgment creditor.

• (2) On issuing a summons under this rule the applicant must produce the summons at the Court Funds Office and leave a copy at that office, and the money to which the application relates shall not be paid out of court until after the determination of the application.

If the application is dismissed, the applicant must give notice of that fact to the Court Funds Office.

• (3) Unless the court otherwise directs, the summons must be served on the judgment debtor at least 7 days before the day named therein for the hearing.

• (4) The court hearing an application under the rule may make such order with respect to the money in court as it thinks just.

Costs

8.10

The costs of any application for an order under rule 8.2 to 8.9 and of any proceedings arising therefrom or incidental thereto, shall, unless the court otherwise directs, be retained by the judgment creditor out of the money recovered by him under the order and in priority to the judgment debt.

Order imposing charge on securities

8.11

• (1) The court may for the purpose of enforcing a matrimonial order [[^f00377] or a civil partnership order] by order impose on any interest to which the judgment debtor is beneficially entitled in such of the securities to which this rule applies as may be specified in the order a charge for securing payment of the amount due under the order and interest thereon.

• (2) Any such order shall in the first instance be an order to show cause, specifying the time and place for further consideration of the matter and imposing the charge until that time in any event.

• (3) The securities to which this rule applies are—

• (a) any Government stock, and any stock of any company registered under the Companies (Northern Ireland) Order 1986[^f00378] including any such stock standing in the name of the Accountant General, and

• (b) any dividend of or interest payable on such stock.

Application for order under rule 8.13

8.12

An application for an order under rule 8.13 must be made ex parte supported by an affidavit—

• (a) identifying the order to be enforced, stating the amount unpaid under it at the date of the application and showing that the applicant is entitled to enforce the order;

• (b) specifying the securities on the judgment debtor’s interest in which it is sought to impose a charge and stating in whose name they stand;

• (c) stating that to the best of the information and belief of the deponent the judgment debtor is beneficially entitled to an interest in the securities in question, describing that interest and stating the sources of the deponent’s information or the ground for his belief.

Service of notice of order to show cause

8.13

• (1) Unless the court otherwise directs, a copy of the order under rule 8.11 to show cause must, at least 7 days before the time appointed thereby for the further consideration of the matter, be served on the judgment debtor, and, if he does not attend on such consideration, proof of service must be given.

• (2) Notice of the making of the order to show cause, with a copy of that order, must as soon as practicable after the making of the order be served—

• (a) where the order relates to Government stock, on the principal office in Belfast of the Bank of Ireland,

• (b) where the order relates to other stock, on the company concerned,

• (c) where the order relates to stock standing in the name of the Accountant General, on the proper officer of the Court Funds Office.

Effect of order to show cause

8.14

• (1) No disposition by the judgment debtor of his interest in any securities to which an order under rule 8.11 to show cause relates which is made after the making of that order shall, so long as that order remains in force, be valid as against the judgment creditor.

• (2) Until such order is discharged or made absolute, the Bank of Ireland or, as the case may be, a company shall not permit any transfer of any such stock as is specified in the order or pay to any person any dividend thereof or interest payable thereon, except with the authority of the court.

• (3) If, after the notice of the making of such order is served on the Bank of Ireland or a company, the Bank or company permits any transfer or makes any payment prohibited by paragraph (2), it shall be liable to pay the judgment creditor the value of the stock transferred or, as the case may be, the amount of the payment made or, if that value or amount is more than sufficient to satisfy the judgment or order to which such order relates, so much thereof as is sufficient to satisfy it.

Making and effect of charging order absolute

8.15

• (1) On the further consideration of the matter the court shall, unless it appears that there is sufficient cause to the contrary, make the order absolute with or without modifications.

• (2) Where on the further consideration of the matter it appears to the court that the order should not be made absolute, it shall discharge the order.

• (3) A charge imposed by an order under rule 8.11 made absolute under this rule shall have the same effect, and the judgment creditor in whose favour it is made shall, subject to paragraph (4), have the same remedies for enforcing it, as if it were a valid charge effectively made by, the judgment debtor.

• (4) No proceedings to enforce a charge imposed by an order made absolute under this rule shall be taken until after the expiration of 6 months from the date of the order to show cause.

Discharge, etc. of charging order

8.16

The court, on the application of the judgment debtor or any other person interested in the securities to which an order under rule 8.11 relates, may at any time whether before or after the order is made absolute, discharge or vary the order on such terms (if any) as to costs as it thinks just.

Money in court: charging order

8.17

• (1) The court may for the purpose of enforcing a matrimonial order [[^f00379] or a civil partnership order] by order impose on any interest to which the judgment debtor is beneficially entitled in any money in court identified in the order a charge for securing payment of the amount due under the order and interest thereon.

• (2) Any such order shall in the first instance be an order to show cause, specifying the time and place for the further consideration of the matter and imposing the charge until that time in any event.

• (3) Rules 8.12 and 8.13 shall, with the necessary modifications, apply in relation to an application for an order under this rule and to the order as they apply in relation to an application for an order under rule 8.11 and to such order.

• (4) Notice of the making of an order under this rule to show cause, with a copy of that order, must as soon as practicable after the making of the order, be served on the proper officer of the Court Funds Office.

• (5) Rules 8.14(1), 8.15(1) and (2) and 8.16 shall, with the necessary modifications, apply in relation to an order under this rule as they apply in relation to an order under rule 112.

Jurisdiction of Master to grant injunction or appoint receiver to enforce charge

8.18

The Master shall have power to grant an injunction if, and only, so far as, it is ancillary or incidental to an order under rule 8.11 or 8.17, and an application for an injunction under this rule may be joined with the application for the order under rule 8.11 or 8.17 to which it relates.

Funds in court: stop order

8.19

• (1) The court, on the application of the judgment creditor may without notice to the applicant make an order prohibiting the transfer, sale, delivery out or payment of, or other dealing with, funds in court or any part thereof or the income thereon in which the judgment debtor has an interest.

• (2) An application for an order under this rule must be made by summons in the cause or matter relating to the funds in court.

• (3) The summons must be served on every person whose interest may be affected by the order applied for and on the proper officer of the Court Funds Office but shall not be served on any other person.

• (4) Without prejudice to the court’s powers and discretion as to costs, the court may order the applicant for an order under this rule to pay the costs of any party to the cause or matter relating to the funds in question, or of any person interested in those funds, occasioned by the application.

Securities not in court: stop notice

8.20

• (1) A judgment creditor claiming to be beneficially entitled to an interest in any securities to which rule 8.11 applies, other than securities in court, who wishes to be notified of any proposed transfer or payment of those securities may avail himself of the provisions of this rule.

• (2) A person claiming to be so entitled must file in the court office,

• (a) an affidavit identifying the securities in question and describing his interest therein by reference to the document under which it arises, and

• (b) a notice in Form M23, signed by the deponent to the affidavit, and annexed to it, addressed to the Bank of Ireland or, as the case may be, the company concerned

and must serve an office copy of the affidavit and a copy of the notice sealed with the seal of the court on the Bank of that company.

• (3) There must be indorsed on the affidavit filed under this rule a notice stating the address to which any such notice as is referred to in rule 8.21(1) is to be sent and, subject to paragraph (4), that address shall for the purpose of that rule be the address for service of the person on whose behalf the affidavit is filed.

• (4) A person on whose behalf an affidavit under this rule is filed may change his address for service for the purpose of rule 8.21 by serving on the Bank of Ireland or, as the case may be, the company concerned, a notice to that effect, and as from the date of service of such a notice the address stating thereon shall for the purpose of that rule be the address for service of that person.

Effect of stop notice

8.21

• (1) Where a notice under rule 8.20 has been served on the Bank of Ireland or a company, then, so long as the notice is in force, the Bank or company shall not register a transfer of any stock or make a payment of any dividend or interest, being a transfer or payment restrained by the notice, without serving on the person on whose behalf the notice was filed at his address for service a notice informing him of the request for such transfer or payment.

• (2) Where the Bank of Ireland or a company receives a request for such a transfer or payment as is mentioned in paragraph (1) made by or on behalf of the holder of the securities to which the notice under rule 8.20 relates, the Bank or company shall not by reason only of that notice refuse to register the transfer or make the payment for longer than 8 days after receipt of the request except under the authority of an order of the court.

Amendment of stop notice

8.22

If any securities are incorrectly described in a notice filed under rule 8.20, the person on whose behalf the notice was filed may file in the Matrimonial Office or county court office an amended notice and serve on the Bank of Ireland or, as the case may be, the company concerned a copy of that notice sealed with the appropriate seal and where he does so the notice under rule 8.20 shall be deemed to have been served on the Bank or company on the day on which the copy of the amended notice was served on it.

Withdrawal, etc. of stop notice

8.23

• (1) The person on whose behalf a notice under rule 8.20 was filed may withdraw it by serving a request for its withdrawal on the Bank of Ireland or, as the case may be, the company on whom the notice was served.

• (2) Such request must be signed by the person on whose behalf the notice was filed and his signature must be witnessed by a practising solicitor.

• (3) The court, on the application of any person claiming to be beneficially entitled to an interest in the securities to which a notice under rule 8.20 relates, may by order discharge the notice.

• (4) An application for an order under paragraph (3) must be made by summons, and the summons must be served on the person on whose behalf the notice under rule 8.20 was filed.

Appointment of receiver by way of equitable execution

8.24

Where an application is made for the appointment of a receiver by way of equitable execution, the court in determining whether it is just or convenient that the appointment should be made shall have regard to the amount claimed by the judgment creditor, to the amount likely to be obtained by the receiver and to the probable costs of his appointment and may direct an inquiry on any of these matters or any other matter before making the appointment.

Master may appoint receiver, etc

8.25

The Master shall have power to make an order for the appointment of a receiver by way of equitable execution and to grant an injunction if, and only so far as, the injunction is ancillary or incidental to such an order.

Application of rules as to appointment of receiver, etc

8.26

An application for the appointment of a receiver by way of equitable execution shall be made by summons.

Attachment of earnings

8.27

Articles 73 to 79 of the Judgments Enforcement (Northern Ireland) Order 1981 and R.S.C. Order 105 which deals with attachment of earnings) shall apply to the enforcement of orders made in [[^f00380] matrimonial proceedings or civil partnership proceedings in the county court] as if they were orders of the High Court.

Examination as to debts owing to judgment debtor, etc

8.28

• (1) Any party entitled to enforce an order made in matrimonial proceedings may issue and serve a summons on the judgment debtor liable under such order requiring him to attend before the court to be orally examined as to whether any and what debts are owing to the judgment debtor, and whether the judgment debtor has any and what other property or means of satisfying the order.

• (2) The summons under paragraph (1) shall be in Form M24 or as near thereto as the circumstances of the case may render necessary and shall be served on the judgment debtor by recorded delivery or personally.

• (3) If the judgment debtor shall fail to attend in pursuance of the summons the court may make an order for the attendance of the judgment debtor or any other person and for the production of any books or documents.

• (4) An order for attendance under paragraph (3) shall he served personally on such person or persons and within such time as the court shall direct.

• (5) Upon the examination the court may make any of the following orders:—

• (a) a conditional order of garnishee,

• (b) a charging order or stop order or any order ancillary thereto,

• (c) an order for the appointment of a receiver by way of equitable execution, under the preceding rules,

• (d) an attachment of earnings order under Article 73 of the Judgments Enforcement (Northern Ireland) Order 1981.

• (6) The evidence given on the examination shall be taken down in writing, not ordinarily by question and answer, but so as to represent as nearly as may be the statement of the examinee. A copy of the note of such evidence shall, on payment of the appropriate fee, be made available to the parties to any such examination, but save as aforesaid no person shall, without leave of the court, be entitled to examine such note or obtain a copy thereof.

Application for issue of judgment summons

8.29

• (1) In this rule and in rules 8.30 and 8.31 unless the context otherwise requires—

• “the Order” means the Judgments (Enforcement) (Northern Ireland) Order 1981[^f00381];

• “order” means an order made in matrimonial proceedings [[^f00382] or civil partnership proceedings] for the periodical payment of money or an order made by the Enforcement of Judgments Office for the payment by instalments of the amount due under an order made in matrimonial proceedings [[^f00383] or civil partnership proceedings] for payment of a lump sum or costs;

• “judgment creditor” means a person entitled to enforce an order;

• “debtor” means a person liable under an order;

• “judgment summons” means a summons issued under Article 108 of the Order.

• (2) An application for the issue of a judgment summons may be made—

• (a) in the case of an order of the High Court, to the Matrimonial Office;

• (b) in the case of an order of a county court to that court;

by filing an affidavit verifying the amount due under the order and showing how the amount is arrived at.

• (3) A judgment summons shall not be issued without the leave of the judge if the debtor is in default under an order of committal made on a previous judgment summons in respect of the same order.

• (4) Every judgment summons shall be in Form M25 and shall be served on the debtor personally not less than 10 clear days before the hearing and at the time of service there shall be paid or tendered to the debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court.

• (5) Where a judgment summons has not been served in due time, it may by leave of the registrar be reissued and, if necessary, amended from time to time within 6 months of the date of the original judgment summons.

• (6) If the judge makes an order for committal, he may direct its execution to be stayed on terms that the debtor pays to the judgment creditor the amount due, together with the costs of the judgment summons, either at a specified time or by instalments, in addition to any sums accruing due under the original order.

• (7) All payments under an order made under or an order of committal shall be made to the judgment creditor unless the judge otherwise directs.

• (8) Where an order of committal is stayed on such terms as are mentioned in paragraph (9)—

• (a) all payments thereafter made shall be deemed to be made, first, in or towards the discharge of any sums from time to time accruing due under the original order and, secondly, in or towards the discharge of the debt in respect of which the judgment summons was issued and the costs of the summons; and

• (b) the said order shall not be issued until the judgment creditor has filed an affidavit of default on the part of the debtor.

• (9) Where an order of committal has been made but execution of the order is stayed and the debtor subsequently desires to apply for a further stay, he shall attend at or write to the Matrimonial Office or the county court office, as the case may be, and apply for the stay he requires, stating the reasons for his inability to comply with the order, and the Master or chief clerk, as the case may be, shall fix a day for the hearing of the application by the judge and serve notice thereof on the judgment creditor and on the debtor by recorded delivery at least 3 clear days before the day fixed for the hearing.

• (10) The judgment creditor shall serve notice by recorded delivery on the debtor of the terms of any order made under this rule whether or not the debtor has attended the hearing.

• (11) An order for committal shall be directed to any police officer or other person as the court may direct for execution.

Further provisions as to judgment summonses

8.30

• (1) R.S.C. Order 38, rule 2(3) (which enables evidence to be given by affidavit in certain cases) shall apply to a judgment summons issued in the High Court or a county court as if it were an originating summons.

• (2) Witnesses may be summoned to prove the means of the debtor in the same manner as witnesses are summoned to give evidence on the hearing of a cause, and writs of subpoena or witness summonses may be issued for that purpose.

• (3) Where the debtor appears at the hearing, the travelling expenses paid to him may, if the judge so directs, be allowed as expenses of a witness, but if the debtor appears at the hearing and no order of commitment is made, the judge may allow to the debtor, by way of set-off or otherwise, his proper costs, including compensation for loss of time, as upon an attendance by a defendant at a trial in court.

Special provisions as to judgment summonses in [ ... county courts]

8.31

C.C.R. Order 40 (which deals with enforcement of decrees) shall not apply to a judgment summons issued in a county court.

Removal of [ designated county court order] into High Court

8.32

Any order made by a county court in matrimonial proceedings [[^f00385] or civil partnership proceedings] may, on an application made to the High Court ex parte by affidavit by the person entitled to enforce the order, be removed into the High Court by direction of the Master, if he is satisfied that the order cannot conveniently be enforced in the county court.

Application

8.33

Rules 8.33 to 8.63 apply to proceedings for the recognition, non-recognition and registration of—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) measures to which the 1996 Hague Convention applies; ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

8.34

• (1) In rules 8.33 to 8.63—

• (a) “Central Authority” means, in relation to Northern Ireland, the Department of Justice;

• (b) “Contracting State” means a State... in relation to which the 1996 Hague Convention is in force as between that State and the United Kingdom;

• (c) “judgment” is to be construed—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) as meaning any measure taken by an authority with jurisdiction under Chapter II of the 1996 Hague Convention ...;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) “parental responsibility”—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) where the 1996 Hague Convention applies, has the meaning given in Article 1(2) of that Convention; and

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) References in rules 8.33 to 8.63 to registration are to the registration of a judgment in accordance with the provisions of those rules.

Filing of applications

8.35

• (1) Every application under rules 8.33 to 8.63, except for an application under rule 8.56, for a certified copy of a judgment or certificate, ... must be filed with the Office of Care and Protection.

• (2) Notwithstanding paragraph (1), where recognition of a judgment is raised as an incidental question in proceedings under the ... 1996 Hague Convention ... the court hearing those proceedings may determine the question of recognition.

Application for registration, recognition or non-recognition of a judgment

8.36

• (1) Any interested person may apply to the court for an order that the judgment be registered, recognised or not recognised.

• (2) Except for an application under rule 8.46, an application for registration, recognition or non-recognition must be made to the Master.

• (3) In the case of an application under ... the 1996 Hague Convention, a translation of the judgment must be supplied.

• (4) Where any document required by rules 8.33 to 8.63 or by the direction of the court under rule 8.44 is not in the English language, the applicant must supply a translation of each such document into English by a notary public or a person qualified for the purpose, authenticated by witness statement or affidavit.

Application for registration or recognition of a judgment under the Council Regulation

8.37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for non-recognition of a judgment under the Council Regulation

8.38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registration of a judgment under the 1996 Hague Convention

8.39

• (1) An application for registration under the 1996 Hague Convention must be supported by a statement that is sworn to be true or an affidavit—

• (a) exhibiting—

• (i) the judgment, or a verified, certified or otherwise duly authenticated copy of the judgment;

• (ii) those documents necessary to show that the judgment is enforceable according to the law of the Contracting State in which it was given;

• (iii) any documents to support the statements referred to paragraph (d);

• (b) giving a description of the opportunities provided by the authority which gave the judgment in question for the child to be heard except where that judgment was given in a case of urgency;

• (c) giving details of any measures taken in a non-Contracting State of the habitual residence of the child, if applicable, specifying the nature and effect of the measure, and the date on which it was taken;

• (d) in so far as not apparent from the copy of the judgment provided, stating the grounds on which the authority which gave the judgment has based its jurisdiction;

• (e) where appropriate, stating whether Article 33 of the 1996 Hague Convention has been complied with, and the identity and address of the authority or authorities from which consent has been obtained;

• (f) stating—