The Family Proceedings Rules 1991

• (e) that, to the best of the applicant’s information and belief, the order is in force;

• (f) whether, and if so where, the order is already registered; and

• (g) details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the Part I order is to be registered;

and there shall be exhibited to the affidavit any document relevant to the application.

• (4) Where the documents referred to in paragraphs (1) and (3), or (2) and (3), as the case may be are to be sent to the appropriate court, the proper officer shall—

• (a) retain the original affidavit and send the other documents to the Deputy Principal Clerk or to the Master, as the case may be;

• (b) record the fact of transmission in the records of the court; and

• (c) file a copy of the documents.

• (5) On receipt of notice of the registration of a Part I order in the appropriate court the proper officer shall record the fact of registration in the records of the court.

• (6) If it appears to the proper officer that the Part I order is no longer in force or that the child has attained the age of 16, he shall refuse to send the documents to the appropriate court and shall within 14 days of such refusal give notice of it, and there reason for it, to the applicant.

• (7) If the proper officer refuses to send the documents to the appropriate court, the applicant may apply to the judge in chambers for an order that the documents (or any of them) be sent to the appropriate court.

Registration of Scottish and Northern Ireland orders

7.9

On receipt of a certified copy of an order made in Scotland or Northern Ireland for registration, the prescribed officer shall—

• (a) record the order in the register by entering particulars of—

• (i) the name and address of the applicant and his interest under the order;

• (ii) the name and whereabouts or suspected whereabouts of the child, his date of birth, and the date on which he will attain the age of 16; and

• (iii) the terms of the order, its date and the court which made it;

• (b) file the certified copy and accompanying documents; and

• (c) give notice to the court which sent the certified copy and to the applicant for registration that the order has been registered.

Revocation and variation of English order

7.10

• (1) Where a Part I order which is registered in the appropriate court is revoked or varied, the proper officer of the court making the subsequent order shall—

• (a) send a certified copy of that order to the Deputy Principal Clerk or to the Master, as the case may be, and to the court which made the Part I order, if that court is different from the court making the subsequent order, for filing by that court;

• (b) record the fact of transmission in the records of the court; and

• (c) file a copy of the order.

• (2) On receipt of notice from the appropriate court of the amendment of its register, the proper officers of the court which made the Part I order and of the court which made the subsequent order shall each record the fact of amendment.

Registration of revoked, recalled or varied Scottish or Northern Ireland order

7.11

• (1) On receipt of a certified copy of an order made in Scotland or Northern Ireland which revokes, recalls or varies a registered Part I order, the proper officer shall enter particulars of the revocation, recall or variation, as the case may be, in the register, and give notice of the entry to—

• (a) the court which sent the certified copy,

• (b) if different, the court which made the Part I order,

• (c) the applicant for registration, and

• (d) if different, the applicant for the revocation, recall or variation of the order.

• (2) An application under section 28(2) of the Act of 1986 shall be made by summons and may be heard and determined by a district judge.

• (3) If the applicant for the Part I order is not the applicant under section 28(2) of the Act of 1986 he shall be made a defendant to the application.

• (4) Where the court cancels a registration of its own motion or on an application under paragraph (2), the proper officer shall amend the register accordingly and shall give notice of the amendment to the court which made the Part I order.

Interim directions

7.12

• (1) An application for interim directions under section 29 of the Act of 1986 may be heard and determined by a district judge.

• (2) The parties to the proceedings for enforcement and, if he is not a party thereto, the applicant for the Part I order, shall be made parties to the application.

Staying and dismissal of enforcement proceedings

7.13

• (1) An application under section 30(1) or 31(1) of the Act of 1986 may be heard and determined by a district judge.

• (2) The parties to the proceedings for enforcement which are sought to be stayed and, if he is not a party thereto, the applicant for the Part I order shall be made parties to an application under either of the said sections.

• (3) Where the court makes an order under section 30(2) or (3) or section 31(3) of the Act of 1986, the proper officer shall amend the register accordingly and shall give notice of the amendment to the court which made the Part I order and to the applicants for registration, for enforcement and for the stay or dismissal of the proceedings for enforcement.

Particulars of other proceedings

7.14

A party to proceedings for or relating to a Part I order who knows of other proceedings (including proceedings out of the jurisdiction and concluded proceedings) which relate to the child concerned shall file an affidavit stating—

• (a) in which jurisdiction and court the other proceedings were instituted;

• (b) the nature and current state of such proceedings and the relief claimed or granted;

• (c) the names of the parties to such proceedings and their relationship to the child; and

• (d) if applicable, and if known, the reasons why the relief claimed in the proceedings for or relating to the Part I order was not claimed in the other proceedings.

Inspection of register

7.15

The following persons, namely—

• (a) the applicant for registration of a registered Part I order,

• (b) any person who satisfies a district judge that he has an interest under the Part I order, and

• (c) any person who obtains the leave of a district judge,

may inspect any entry in the register relating to the order and may bespeak copies of the order and of any document relating thereto.

Chapter 4. — Enforcement of maintenance orders

Interpretation

7.16

In this chapter—

• “the Act of 1920” means the Maintenance Orders (Facilities for Enforcement) Act 1920⁵⁶;

• “the Act of 1950” means the Maintenance Orders Act 1950⁵⁷;

• “the Act of 1958” means the Maintenance Orders Act 1958⁵⁸;

• “the Act of 1965” means the Matrimonial Causes Act 1965⁵⁹;

• “the Act of 1971” means the Attachment of Earnings Act 1971⁶⁰;

• “the Act of 1972” means the Maintenance Orders (Reciprocal Enforcement) Act 1972⁶¹;

• “English maintenance order” means a maintenance order made in the High Court.

Registration etc. of orders under Act of 1920

7.17

• (1) The prescribed officer for the purposes of section 1(1) of the Act of 1920 shall be the senior district judge, and on receiving from the Secretary of State a copy of a maintenance order made by a court in any part of Her Majesty’s dominions outside the United Kingdom to which the Act of 1920 extends he shall cause the order to be registered in the register kept for the purpose of that Act (in this rule referred to as “the register”).

• The copy of the order received from the Secretary of State shall be filed in the principal registry.

• (2) An application for the transmission of an English maintenance order under section 2 of the Act of 1920 shall be made to the district judge by lodging in the principal registry a certified copy of the order and an affidavit stating the applicant’s reasons for believing that the person liable to make payments under the order is resident in some part of Her Majesty’s dominions outside the United Kingdom to which the Act of 1920 extends, together with full particulars, so far as known to the applicant, of that person’s address and occupation and any other information which may be required by the law of that part of Her Majesty’s dominions for the purpose of the enforcement of the order.

• (3) If it appears to the district judge mentioned in paragraph (2) that the person liable to make payments under the English maintenance order is resident in some part of Her Majesty’s dominions outside the United Kingdom to which the Act of 1920 extends, he shall send the certified copy of the order to the Secretary of State for transmission to the Governor of that part of Her Majesty’s dominions.

• Particulars of any English maintenance order sent to the Secretary of State under the said section 2 shall be entered in the register and the fact that this has been done shall be noted in the records of the court.

• (4) Where an English maintenance order has been made in a cause or matter proceeding in a district registry, an application for the transmission of the order under the said section 2 may be made to the district judge of that registry and paragraphs (2) and (3) of this rule shall have effect as if for reference to the principal registry there were substituted references to the district registry.

• The proper officer shall send to the principal registry for entry in the register particulars of any order sent by him to the Secretary of State.

• (5) Any person who satisfies a district judge that he is entitled to or liable to make payments under an English maintenance order or a maintenance order made by a court in any part of Her Majesty s dominions outside the United Kingdom to which the Act of 1920 extends or a solicitor acting on behalf of any such person or, with the leave of a district judge, any other person may inspect the register and bespeak copies of any order which has been registered and of any document filed therewith.

Proceedings under Part II ofAct of 1950

Interpretation of rules 7.18 to 7.21

7.18

In this rule and rules 7.19 to 7.21

• “the clerk of the Court of Session” means the deputy principal clerk in charge of the petition department of the Court of Session;

• “maintenance order” means a maintenance order to which section 16 of the Act of 1950⁶² applies;“Northern Irish order” means a maintenance order made by the Supreme Court of Northern Ireland;

• “register” means the register kept for the purposes of the Act of 1950;

• “the registrar in Northern Ireland” means the chief registrar of the Queen’s Bench Division (Matrimonial) of the High Court of Justice in Northern Ireland;

• “registration” means registration under Part 11 of the Act of 1950 and “registered” shall be construed accordingly;

• “Scottish order” means a maintenance order made by the Court of Session.

Registration etc of English order

7.19

• (1) An application for the registration of an English maintenance order may be made by lodging with the proper officer a certified copy of the order, together with an affidavit by the applicant (and a copy thereof) stating—

• (a) the address in the United Kingdom, and the occupation, of the person liable to make payments under the order;

• (b) the date of service of the order on the person liable to make payments thereunder or, if the order has not been served, the reason why service has not been effected;

• (c) the reason why it is convenient that the order should be enforceable in Scotland or Northern Ireland, as the case may be;

• (d) the amount of any arrears due to the applicant under the order; and

• (e) that the order is not already registered.

• (2) If it appears to the district judge that the person liable to make payments under the order resides in Scotland or Northern Ireland and that it is convenient that the order should be enforceable there, the proper officer shall (subject to paragraph (6) below) send a certified copy of the order and the applicant’s affidavit to the clerk of the Court of Session or to the registrar in Northern Ireland, as the case may be.

• (3) On receipt of notice of the registration of an English maintenance order in the Court of Session or the Supreme Court of Northern Ireland, the proper officer shall—

• (a) cause particulars of the notice to be entered in the register;

• (b) note the fact of registration in the records of the court; and

• (c) send particulars of the notice to the principal registry.

• (4) Where an English order registered in the Court of Session or the Supreme Court of Northern Ireland is discharged or varied the proper officer of the court ordering the discharge or variation shall give notice thereof to the clerk of the Court of Session or to the registrar in Northern Ireland, as the case may be, by sending him a certified copy of the order discharging or varying the maintenance order.

• (5) Where the registration of an English maintenance order registered in the Court of Session or the Supreme Court of Northern Ireland is cancelled under section 24(1) of the Act of 1950⁶³, notice of the cancellation shall be sent (as required by section 24(3)(a) of that Act) to the proper officer; and on receipt of such notice he shall cause particulars of it to be entered in Part I of the register.

• (6) Where the order sought to be registered was made in a county court, this rule shall apply as though references to the Court of Session, the clerk of the Court of Session, the Supreme Court of Northern Ireland and the registrar of Northern Ireland were references to the sheriff court, the sheriff-clerk of the sheriff court, the court of summary jurisdiction and the clerk of the court of summary jurisdiction respectively.

Registration etc of Scottish and Northern Irish orders

7.20

• (1) In relation to a Scottish or Northern Irish order the prescribed officer for the purposes of section 17(2) of the Act of 1950 shall be the proper officer of the principal registry.

• (2) On receipt of a certified copy of a Scottish or Northern Irish order for registration, the proper officer shall—

• (a) cause the order to be registered in Part II of the register and notify the clerk of the Court of Session or the registrar in Northern Ireland, as the case may be, that this has been done; and

• (b) file the certified copy and any statutory declaration or affidavit as to the amount of any arrears due under the order.

• (3) An application under section 2(2) of the Act of 1950 by a person liable to make payments under a Scottish order registered in the High Court to adduce before that court such evidence as is mentioned in that section shall be made by lodging a request for an appointment before a district judge of the principal registry; and notice of the date, time and place fixed for the hearing shall be sent by post to the applicant and to the person entitled to payments under the order.

• (4) The prescribed officer to whom notice of the discharge or variation of a Scottish or Northern Irish order registered in the High Court is to be given under section 23(1)(a) of the Act of 1950⁶⁴ shall be the proper officer, and on receipt of the notice he shall cause particulars of it to be registered in Part II of the register.

• (5) An application under section 24(1) of the Act of 1950 for the cancellation of the registration of a Scottish or Northern Irish order shall be made ex parte by affidavit to district judge of the principal registry who, if he cancels the registration, shall note the cancellation in Part 11 of the register, whereupon the proper officer shall send notice of the cancellation to the clerk of the Court of Session or the registrar in Northern Ireland, as the case may be, and also to the clerk of any magistrates' court in which the order has been registered in accordance with section 2(5) of the Act of 1958⁶⁵.

• (6) A person entitled to payments under a Scottish or Northern Irish order registered in the High Court who wishes to take proceedings for or with respect to the enforcement of the order in a district registry may apply by letter to the senior district judge of the principal registry who may, if satisfied that the order ought to be enforceable in the district registry, make an order accordingly on such terms, if any, as may be just.

Inspection of register

7.21

Any person who satisfies a district judge of the principal registry that he is entitled to or liable to make payments under a maintenance order of a superior court or a solicitor acting on behalf of any such person or, with the leave of the district judge, any other person may inspect the register and bespeak copies of any such order which is registered in the High Court under Part 11 of the Act of 1950 and of any statutory declaration or affidavit filed therewith.

Registration etc of certain orders under the Act of 1958

Application and interpretation of rules 7.22 to 7.29

7.22

Section 21 of the Act of 1958⁶⁶ shall apply to the interpretation of this rule and rules 7.23 to 7.29 as it applies to the interpretation of that Act; and in those rules—

• “cause book” includes cause card; and

• “the register” means any register kept for the purposes of the Act of 1958.

Application for registration

7.23

• (1) An application under section 2(1) of the Act of 1958 for the registration in a magistrates' court of a maintenance order shall be made by lodging with the proper officer—

• (i) a certified copy of the maintenance order, and

• (ii) two copies of the application in Form No. 115 in Appendix A to the Rules of the Supreme Court 1965⁶⁷.

• (2) The period required to be prescribed by rules of court for the purpose of section 2(2) of the Act of 1958 shall be 14 days.

• (3) The proper officer shall cause the certified copy of an order required by the said section 2(2) to be sent to the clerk of a magistrates' court to be endorsed with a note that the application for registration of the order has been granted and to be accompanied by a copy of the application lodged under paragraph (1).

• (4) On receipt of notice that a maintenance order has been registered in a magistrates' court in accordance with section 2(5) of the Act of 1958, the proper officer shall enter particulars of the registration in the records of the court.

Registration in a magistrates' court of an order registered in the High Court

7.24

On receipt of notice that a maintenance order registered in the High Court in accordance with section 17(4) of the Act of 1950 has been registered in a magistrates' court in accordance with section 2(5) of the Act of 1958, the proper officer shall cause particulars of the registration to be entered in Part II of the register.

Registration of magistrates' court order

7.25

On receipt of a certified copy of a magistrates' court order sent to him pursuant to section 2(4)(c) of the Act of 1958, the proper officer shall cause the order to be registered in the High Court by filing the copy and making an entry in the register or, where the copy order is received in a district registry, in the cause book and shall send notice to the clerk of the magistrates' court that the order has been duly registered.

Registration in the High Court of an order registered in a magistrates' court

7.26

• (1) This rule applies where a sheriff court in Scotland or a magistrates' court in Northern Ireland has made an order for the registration in the High Court of an order previously registered in a magistrates' court in England and Wales in accordance with section 17(4) of the Act of 1950, and has sent a certified copy of the maintenance order to the proper officer of the High Court, pursuant to section 2(4)(c) of the Act of 1958.

• (2) On receipt of the certified copy, the proper officer shall cause the order to be registered in the High Court by filing the copy and making an entry in the register, and shall send notice of the registration to the clerk of the original court and also to the clerk of the magistrates' court in which the order was registered in accordance with section 17(4) of the Act of 1950.

Variation or discharge of registered order

7.27

• (1) Where the court makes an order varying or discharging an order registered in a magistrates' court under Part I of the Act of 1958, the proper officer shall send a certified copy of the first-mentioned order to the clerk of the magistrates' court.

• (2) Where a certified copy of an order varying an order registered in a magistrates' court under Part I of the Act of 1958 is received from the clerk of the magistrates' court, the proper officer shall file the copy and enter particulars of the variation on the same documents or in the same records as particulars of registration are required by rule 7.23(4) to be entered.

• (3) Where a certified copy of an order varying or discharging an order made by a magistrates' court and registered in the High Court under Part I of the Act of 1958 is received from the clerk of the magistrates' court, the proper officer shall—

• (a) file the copy,

• (b) enter particulars of the variation or discharge in the register or, where the copy order is received in a district registry, in the cause book, and

• (c) send notice of the variation or discharge to any proper officer of a county court—

• (i) who has given notice to the proper officer of proceedings taken in that court for the enforcement of the registered order, or

• (ii) to whom any payment is to be made under an attachment of earnings order made by the High Court for the enforcement of the registered order.

Appeal from variation etc of order by magistrates' court

7.28

An appeal to the High Court under section 4(7) of the Act of 1958⁶⁷ shall be heard and determined by a Divisional Court of the Family Division, and rule 8.2 shall apply as it applies in relation to an appeal from a magistrates' court under the Domestic Proceedings and Magistrates' Courts Act 1978⁶⁸.

Cancellation of registration

7.29

• (1) A notice under section 5 of the Act of 1958⁶⁹ by a person entitled to receive payments under an order registered in the High Court must be given to the proper officer.

• (2) Where the High Court gives notice under the said section 5, the proper officer shall endorse the notice on the certified copy mentioned in rule 7.27(1).

• (3) Where notice under the said section 5 is given in respect of an order registered in the High Court, the proper officer on being satisfied by an affidavit by the person entitled to receive payments under the order that no process for the enforcement of the order issued before the giving of the notice remains in force, shall—

• (a) cancel the registration by entering particulars of the notice in the register or cause book, as the case may be, and

• (b) send notice of the cancellation to the clerk of the court by which the order was made and, where applicable, to the clerk of the magistrates' court in which the order was registered in accordance with section 17(4) of the Act of 1950 stating, if such be the case, that the cancellation is in consequence of a notice given under subsection (1) of the said section 5.

• (4) On receipt of notice from the clerk of a magistrates' court that the registration in that court under the Act of 1958 of an order made by the High Court or a county court has been cancelled, the proper officer shall enter particulars of the cancellation on the same documents or in the same records as particulars of registration are required by rule 7.23(4) to be entered.

• (5) On receipt of notice from the clerk of a magistrates' court that the registration in that court under the Act of 1958 of an order registered in the High Court in accordance with section 17(4) of the Act of 1950 has been cancelled, the proper officer shall note the cancellation in Part II of the register.

Proceedings under Act of 1972

Interpretation of rules 7.31 to 7.39

7.30

Expressions used in rules 7.31 to 7.38 which are used in the Act of 1972 have the same meanings as in that Act.

Application for transmission of maintenance order to reciprocating country

7.31

An application for a maintenance order to be sent to a reciprocating country under section 2 of the Act of 1972⁷⁰ shall be made by lodging with the court—

• (a) an affidavit by the applicant stating—

• (i) the applicant’s reason for believing that the payer under the maintenance order is residing in that country, and

• (ii) the amount of any arrears due to the applicant under the order, the date to which those arrears have been calculated and the date on which the next payment under the order fails due;

• (b) a certified copy of the maintenance order;

• (c) a statement giving such information as the applicant possesses as to the whereabouts of the payer;

• (d) a statement giving such information as the applicant possesses for facilitating the identification of the payer (including, if known to the applicant, the name and address of any employer of the payer, his occupation and the date and place of issue of any passport of the payer) and

• (e) if available to the applicant, a photograph of the payer.

Certification of evidence given on provisional order

7.32

Where the court makes a provisional order under section 5 of the Act of 1972⁷¹, the document required by subsection (4) of that section to set out or summarise the evidence given in the proceedings shall be authenticated by a certificate signed by the district judge.

Confirmation of provisional order

7.33

• (1) On receipt of a certified copy of a provisional order made in a reciprocating country, together with the document mentioned in section 5(5) of the Act of 1972, the proper officer shall fix a date, time and place for the court to consider whether or not the provisional order should be confirmed, and shall send to the payee under the maintenance order notice of the date, time and place so fixed together with a copy of the provisional order and that document.

• (2) The proper officer shall send to the court which made the provisional order a certified copy of any order confirming or refusing to confirm that order.

Taking of evidence for court in reciprocating country

7.34

• (1) The High Court shall be the prescribed court for the purposes of taking evidence pursuant to a request by a court in a reciprocating country under section 14 of the Act of 1972⁷² where—

• (a) the request for evidence relates to a maintenance order made by a superior court in the United Kingdom, and

• (b) the witness resides in England and Wales.

• (2) The evidence may be taken before a judge or officer of the High Court as the court thinks fit, and the provisions of RSC Order 39 shall apply with the necessary modifications as if the evidence were required to be taken pursuant to an order made under rule I of that Order.

• (3) The county court shall be the prescribed court for the purposes of taking evidence pursuant to a request by a court in a reciprocating country pursuant to section 14 of the Act of 1972 where the request for evidence relates to a maintenance order made by a county court which has not been registered in a magistrates'court under the Act of 1958.

• (4) Paragraph (2) shall apply to the taking of such evidence as though references therein to the High Court and RSC Order 39 were to the county court and CCR Order 20, rule 13 respectively.

Notification of variation or revocation

7.35

Where the court makes an order (other than a provisional order) varying or revoking a maintenance order a copy of which has been sent to a reciprocating country in pursuance of section 2 of the Act of 1972, the proper officer shall send a certified copy of the order to the court in the reciprocating country.

Transmission of documents

7.36

Any document required to be sent to a court in a reciprocating country under section 5(4) or section 14(1) of the Act of 1972 or by rule 7.33(2) or 7.36 shall be sent to the Secretary of State for transmission to that court unless the district judge is satisfied that, in accordance with the law of that country, the document may properly be sent by him direct to that court.

Application of rules 7.30 to 7.36 to Republic of Ireland

7.37

• (1) In relation to the Republic of Ireland rules 7.30 to 7.36 shall have effect subject to the provisions of this rule.

• (2) The following paragraphs shall be added to rule 7.31—

(f) a statement as to whether or not the payer appeared in the proceedings in which the maintenance order was made and, if he did not, the original or a copy certified by the applicant or his solicitor to be a true copy of a document which establishes that notice of the institution of the proceedings was served on the payer; (g) a document which establishes that notice of the order was sent to the payer; and (h) if the payer received legal aid in the proceedings in which the order was made, a copy certified by the applicant or his solicitor to be a true copy of the legal aid certificate.

• (3) For rule 7.32 there shall be substituted the following rule—

(7.32) (1) Where an application is made to the court for the variation or revocation of an order to which section 5 of the Act of 1972 applies, the certified copy of the application and the documents required by subsection (2) of that section to set out or summarise the evidence in support of the application shall be authenticated by a certificate signed by the district judge.

• (4) Rule 7.33 shall not apply.

• (5) For rule 7.35 there shall be substituted the following rule—

(7.35) Where the High Court makes an order varying or revoking a maintenance order to which section 5 of the Act of 1972 applies, the proper officer shall send a certified copy of the order and a statement as to the service on the payer of the documents mentioned in subsection (2) of that section to the court in the Republic of Ireland by which the maintenance order is being enforced.

• (6) Rule 7.36 shall not apply.

Application of rules 7.30 to 7.36 to the Hague Convention countries

7.38

• (1) In relation to the Hague Convention countries, rules 7.30, 7.31, 7.34, 7.35 and 7.36 shall have effect subject to the provisions of this rule, but rules 7.32 and 7.33 shall not apply.

• (2) A reference in rules 7.31 and 7.34 to a reciprocating country shall be construed as a reference to a Hague Convention country.

• (3) The following words shall be inserted after paragraph (a)(ii) of rule 7.31—

and (iii) whether the time for appealing against the order has expired and whether an appeal is pending;

• (4) The following paragraphs shall be inserted after paragraph (e) of rule 7.31—

(f) a statement as to whether or not the payer appeared in the proceedings in which the maintenance order was made, and, if he did not, the original or a copy certified by the applicant or his solicitor to be a true copy of a document which establishes that notice of the institution of proceedings, including notice of the substance of the claim, was served on the payer; (g) a document which establishes that notice of the order was sent to the payer; (h) a written statement as to whether or not the payee received legal aid in the proceedings in which the order was made, or in connection with the application under section 2 of the Act of 1972 and, if he did, a copy certified by the applicant or his solicitor to be a true copy of the legal aid certificate.

• (5) In relation to the Hague Convention countries the following rules shall apply in place of rules 7.35 and 7.36—

(7.35) (1) Where the court makes an order varying or revoking a maintenance order to which section 5 of the Act of 1972, as modified, applies, and the time for appealing has expired without an appeal having been entered, the proper officer shall send to the Secretary of State such documents as are required by subsection (7) of that section, as it applies to Hague Convention countries, including a certificate signed by the district judge that the order of variation or revocation is enforcable and that it is no longer subject to the ordinary forms of review. (2) Where either party enters an appeal against the order of variation or revocation he shall, at the same time, inform the proper officer thereof by a notice in writing. (7.36) Any document required to be sent to a court in a Hague Convention country shall be sent to the Secretary of State for transmission to the court.

PART VIII — APPEALS

Appeals from district judges

8.1

• (1) Except where paragraph (2) applies, any party may appeal from an order or decision made or given by the district judge in family proceedings in a county court to a judge on notice; and in such a case—

• (a) CCR Order 13, rule 1(10) (which enables the judge to vary or rescind an order made by the district judge in the course of proceedings), and

• (b) CCR Order 37, rule 6 (which gives a right of appeal to the judge from a judgment or final decision of the district Judge),

shall not apply to the order or decision.

• (2) Any order or decision granting or varying an order (or refusing to do so)—

• (a) on an application for ancillary relief, or

• (b) in proceedings to which rules 3.1, 3.2, 3.3, 3.6 or 3.8 apply,

shall be treated as a final order for the purposes of CCR Order 37, rule 6.

• (3) On hearing an appeal to which paragraph (2) above applies, the judge may exercise his own discretion in substitution for that of the district judge.

• (4) Unless the court otherwise orders, any notice under this rule must be issued within 14 days of the order or decision appealed against and served not less than 14 days before the day fixed for the hearing of the appeal.

• (5) Appeals under this rule shall be heard in chambers unless the judge otherwise directs.

• (6) Unless the court otherwise orders, an appeal under this rule shall not operate as a stay of proceedings on the order or decision appealed against.

Appeals under Domestic Proceedings and Magistrates' Courts Act 1978)

8.2

• (1) Subject to paragraph (9) below, every appeal to the High Court under the Domestic Proceedings and Magistrates' Courts Act 1978 shall be heard by a Divisional Court of the Family Division and shall be entered by lodging three copies of the notice of motion in the principal registry.

• (2) The notice must be served, and the appeal entered, within 6 weeks after the date of the order appealed against.

• (3) Notice of the motion may be served in accordance with RSC Order 65, rule 5.

• (4) On entering the appeal, or as soon as practicable thereafter, the appellant shall, unless otherwise directed, lodge in the principal registry—

• (a) three certified copies of the summons and of the order appealed against, and of any order staying its execution,

• (b) three copies of the clerk’s notes of the evidence,

• (c) three copies of the justices' reasons for their decision,

• (d) a certificate that notice of the motion has been duly served on the clerk and on every party affected by the appeal, and

• (e) where the notice of the motion includes an application to extend the time for bringing the appeal, a certificate (and a copy thereof) by the appellant’s solicitor, or the appellant if he is acting in person, setting out the reasons for the delay and the relevant dates.

• (5) If the clerk’s notes of the evidence are not produced, the court may hear and determine the appeal on any other evidence or statement of what occurred in the proceedings before the magistrates' court as appears to the court to be sufficient.

• (6) The court shall not be bound to allow the appeal on the ground merely of misdirection or improper reception or rejection of evidence unless, in the opinion of the court, substantial wrong or miscarriage of justice has been thereby occasioned.

• (7) A district judge may dismiss an appeal to which this rule applies for want of prosecution or, with the consent of the parties, may dismiss the appeal or give leave for it to be withdrawn, and may deal with any question of costs arising out of the dismissal or withdrawal.

• (8) Any interlocutory application in connection with or for the purpose of any appeal to which this rule applies may be heard and disposed of before a single judge.

• (9) Where an appeal to which this rule applies relates only to the amount of any periodical or lump sum payment ordered to be made, it shall, unless the President otherwise directs, be heard and determined by a single judge, and in that case—

• (a) for the references in paragraphs (1) and (4)(a), (b) and (c) to three copies of the documents therein mentioned there shall be substituted references to one copy;

• (b) the parties may agree in writing or the President may direct that the appeal be heard and determined at a divorce town.

PART IX — DISABILITY

Interpretation and application of Part IX

9.1

• (1) In this Part—

• “patient” means a person who, by reason of mental disorder within the meaning of the Mental Health Act 1983⁷⁴, is incapable of managing and administering his property and affairs;

• “person under disability” means a person who is a minor or a patient;

• “Part VII” means Part VII of the Mental Health Act 1983.

• (2) So far as they relate to minors, the provisions of this Part of these rules shall not apply to proceedings which are specified proceedings within the meaning of section 41(6) of the Children Act 1989⁷⁵ and, with respect to proceedings which are dealt with together with specified proceedings, this Part shall have effect subject to the said section 41 and Part IV of these rules.

Person under disability must sue by next friend etc.

9.2

• (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 (7) have been filed.

• (3) Where a person is authorised under Part VII to conduct legal proceedings in the name of a patient or on his behalf, that person shall, subject to paragraph (4), be entitled to be next friend or guardian ad litem of the patient in any family proceedings to which his authority extends.

• (4) Where a person entitled to defend any family proceedings is a patient and there is no person authorised under Part VII to defend the proceedings in his name or on his behalf, then—

• (a) the Official Solicitor shall, if he consents, be the patient’s guardian ad litem, but at any stage of the proceedings an applicaton may be made on not less than four days' notice to the Official Solicitor, for the appointment of some other person as guardian;

• (b) in any other case, an application may be made on behalf of the patient for the appointment of a guardian ad litem;

and there shall be filed in support of any application under this paragraph the documents mentioned in paragraph (7).

• (5) Where a petition, answer, originating 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 of 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 steps in the proceedings, apply to a district judge 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 district judge may, if he considers it necessary in order to protect the interests of the person served, order that some proper person be appointed his guardian ad litem.

• (6) 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 to which paragraph (4) 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 (7).

• (7) The documents referred to in paragraphs (2), (4) and (6) are—

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

• (b) where the person under disability is a patient and the proposed next friend or guardian ad litem is authorised under Part VII to conduct the proceedings in his name or on his behalf, an office copy, sealed with the seal of the Court of Protection, of the order or other authorisation made or given under Part VII; and

• (c) except where the proposed next friend or guardian ad litem is authorised as mentioned in sub-paragraph (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 minor or patient, stating (in the case of a patient) the grounds of his knowledge or belief and, where the person under disability is a patient, that there is no person authorised as aforesaid, 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 that he is a proper person to be next friend or guardian.

Service on person under disability

9.3

• (1) Where a document to which rule 2.9 applies is required to be served on a person under disability within the meaning of the last foregoing rule, it shall be served—

• (a) in the case of a minor who is not also a patient, 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 a patient—

• (i) on the person (if any) who is authorised under Part VII to conduct in the name of the patient or on his behalf the proceedings in connection with which the document is to be served, or

• (ii) if there is no person so authorised, on the Official Solicitor if he has consented under rule 9.2(4) to be the guardian ad litem of the patient, or

• (iii) in any other case, on the person with whom the patient resides or in those 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 M24; 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.

Petition for nullity on ground of mental disorder

9.4

• (1) Where a petition for nullity 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 Act 1983 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 district judge.

• (2) The district judge by whom an application for leave is heard may make it a condition of granting leave that some proper person be appointed to act as guardian ad litem of the respondent.

Separate representation of children

9.5

• (1) Without prejudice to rule 2.57, 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 otherwise directed, 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 by a solicitor that the proposed guardian has no interest in the proceedings adverse to that of the child and that he is a proper person to be a guardian.

• (5) Unless otherwise directed, a person appointed under this rule or rule 2.57 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.

PART X — PROCEDURE (GENERAL)

Application

10.1

The provisions of this Part apply to all family proceedings, but have effect subject to the provisions of any other Part of these rules.

Service on solicitors

10.2

• (1) Where a document is required by these rules to be sent to any person who is acting by a solicitor, service shall, subject to any other direction or order, be effected—

• (a) by sending the document by first class post to the solicitor’s address for service; or

• (b) 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; or

• (c) by FAX (as defined by RSC Order 1, rule 4(1)) in accordance with the provisions of RSC Order 65, rule 5(2B)⁷⁶.

• (2) Any document which is left at a document exchange in accordance with paragraph (1)(b) shall, unless the contrary is proved, be deemed to have been served on the second day after the day on which it is left.

• (3) Where no other mode of service is prescribed, directed or ordered, service may additionally be effected by leaving the document at the solicitor’s address.

Service on person acting in person

10.3

• (1) Subject to paragraph (3) and to any other direction or order, where a document is required by these rules to be sent to any person who is acting in person, service shall be effected by sending the document by first class post to the address given by him or, if he has not given an address for service, to his last known address.

• (2) Subject to paragraph (3), where no other mode of service is prescribed, directed or ordered, service may additionally be effected by delivering the document to him or by leaving it at the address specified in paragraph (1).

• (3) Where it appears to the district judge that it is impracticable to deliver the document to the person to be served and that, if the document were left at, or sent by post to, the address specified in paragraph (1) it would be unlikely to reach him, the district judge may dispense with service of the document.

Service by bailiff in proceedings in principal registry

10.4

Where, in any proceedings pending in the principal registry which are treated as pending in a divorce county court, a document is to be served by bailiff, it shall be sent for service to the proper officer of the county court within the district of which the document is to be served.

Proof of service by officer of court etc.

10.5

• (1) Where a petition is sent to any person by an officer of the court, he shall note the date of posting in the records of the court.

• (2) Without prejudice to section 133 of the County Courts Act 1984⁷⁷ (proof of service of summonses etc) a record made pursuant to paragraph (1) shall be evidence of the facts stated therein.

• (3) Where the court has authorised notice by advertisement to be substituted for service and the advertisement has been inserted by some person other than the proper officer, that person shall file copies of the newspapers containing the advertisement.

Service out of England and Wales

10.6

• (1) Any document in family proceedings may be served out of England and Wales without leave either in the manner prescribed by these rules or—

• (a) where the proceedings are pending in the High Court, in accordance with RSC Order I 1, rules 5 and 6 (which relate to the service of a writ abroad); or

• (b) where the proceedings are pending in a divorce county court, in accordance with CCR Order 8, rules 8 to 10 (which relate to the service of process abroad).

• (2) Where the document is served in accordance with RSC Order 11, rules 5 and 6, those rules and rule 8 of the said Order I I (which deals with expenses incurred by the Secretary of State) shall have effect in relation to service of the document as they have effect in relation to service of notice of a writ, except that the official certificate of service referred to in paragraph (5) of the said rule 5 shall, if the document was served personally, show the server’s means of knowledge of the identity of the person served.

• (3) Where the document is served in accordance with CCR Order 8, rules 8 to 10, those rules shall have effect subject to the following modifications—

• (a) the document need not be served personally on the person required to be served so long as it is served in accordance with the law of the country in which service is effected;

• (b) the official certificate or declaration with regard to service referred to in paragraph (6) of the said rule 10 shall, if the document was served personally, show the server’s means of knowledge of the identity of the person served; and

• (c) in paragraph (7) of the said rule 10 the words “or in the manner in which default summonses are required to be served” shall be omitted.

• (4) Where a petition is to be served on a person out of England and Wales, then—

• (a) the time within which that person must give notice of intention to defend shall be determined having regard to the practice adopted under RSC Order 11, rule 4(4) (which requires an order for leave to serve a writ out of the jurisdiction to limit the time for appearance) and the notice in Form M5 shall be amended accordingly;

• (b) if the petition is to be served otherwise than in accordance with RSC Order 11, rules 5 and 6, or CCR Order 8, rules 8 to 10, and there is reasonable ground for believing that the person to be served does not understand English, the petition shall be accompanied by a translation, approved by the district judge, of the notice in Form M5, in the official language of the country in which service is to be effected or, if here is more than one official language of that country, in any one of those languages which is appropriate to the place where service is to be effected; but this sub-paragraph shall not apply in relation to a document which is to be served in a country in which the official language, or one of the official languages, is English.

• (5) Where a document specifying the date of hearing of any proceedings is to be served out of England and Wales, the date shall be fixed having regard to the time which would be limited under paragraph (4)(a) for giving notice of intention to defend if the document were a petition.

Mode of giving notice

10.7

Unless otherwise directed, any notice which is required by these rules to be given to any person shall be in writing and, may be given in any manner in which service may be effected under RSC Order 65, rule 5.

Notice of intention to defend

10.8

• (1) In these rules any reference to a notice of intention to defend is a reference to an acknowledgment of service in Form M6 containing a statement to the effect that the person by whom or on whose behalf it is signed intends to defend the proceedings to which the acknowledgment relates, and any reference to giving notice of intention to defend is a reference to returning such a notice to the court office.

• (2) In relation to any person on whom there is served a document requiring or authorising an acknowledgment of service to be returned to the court office, references in these rules to the time limited for giving notice of intention to defend are references—

• (a) to seven days after service of the document, in the case of notice of intention to defend a petition under Part 11 of these rules, and

• (b) in any other case, to 14 days or such other time as may be fixed.

• (3) Subject to paragraph (2) a person may give notice of intention to defend notwithstanding that he has already returned to the court office an acknowledgment of service not constituting such a notice.

Mode of making applications

10.9

Except where these rules, or any rules applied by these rules, otherwise provide, every application in family proceedings—

• (a) shall be made to a district judge;

• (b) shall, if the proceedings are pending in the High Court, be made by summons or, if the proceedings are pending in a divorce county court, be made in accordance with CCR Order 13, rule I (which deals with applications in the course of proceedings).

Orders for transfer of family proceedings

10.10

• (1) Where a cause is pending in the High Court, the district judge of the registry in which the cause is pending or a judge may order that the cause be transferred to another registry.

• (2) Where a cause is pending in a divorce county court, the court may order that the cause be transferred to another divorce county court.

• (3) Paragraphs (1) and (2) shall apply to applications in causes as they apply to causes; but before making an order for transfer of an application the court shall consider whether it would be more convenient to transfer the cause under paragraph (1) or (2), as the case may be.

• (4) The court shall not, either of its own motion or on the application of any party, make an order under paragraph (1), (2) or (3) unless the parties have either—

• (a) had an opportunity of being heard on the question, or

• (b) consented to such an order.

• (5) Where the parties, or any of them, desire to be heard on the question of a transfer, the court shall give the parties notice of a date, time and place at which the question will be considered.

• (6) Paragraphs (4) and (5) shall apply with the necessary modifications to an order for the transfer of family proceedings under section 38⁷⁸ or 39 of the Act of 1984 as they apply to an order under paragraph (1) or (2) of this rule.

• (7) Paragraphs (4) and (5) shall not apply where the court makes an order for transfer under paragraphs (1), (2) or (3) in compliance with the provisions of any Order made under Part I of Schedule 11 to the Children Act 1989⁷⁹.

Procedure on transfer of cause or application

10.11

• (1) Where any cause or application is ordered to be transferred from one court or registry to another, the proper officer of the first-mentioned court or registry shall, unless otherwise directed, give notice of the transfer to the parties.

• (2) Any provision in these rules, or in any order made or notice given pursuant to these rules, for the transfer of proceedings between a divorce county court and the High Court shall, in relation to proceedings which, after the transfer, are to continue in the principal registry, be construed—

• (a) in the case of a transfer from the High Court to a divorce county court, as a provision for the proceedings to be treated as pending in a divorce county court, and

• (b) in the case of a transfer from a divorce county court to the High Court, as a provision for the proceedings no longer to be treated as pending in a divorce county court.

• (3) Proceedings transferred from a divorce county court to the High Court pursuant to any provision in these rules shall, unless the order for transfer otherwise directs, proceed in the registry nearest to the divorce county court from which they are transferred, but nothing in this paragraph shall prejudice any power under these rules to order the transfer of the proceedings to a different registry.

Evidence by affidavit

10.12

On any application made—

• (a) in a county court, by originating application or in accordance with CCR Order 13, rule I (which deals with applications in the course of proceedings), or

• (b) in the High Court, by originating summons, notice or motion,

evidence may be given by affidavit unless these rules otherwise provide or the court otherwise directs, but the court may, on the application of any party, order the attendance for cross-examination of the person making any such affidavit; and where, after such an order has been made, that person does not attend, his affidavit shall not be used as evidence without the leave of the court.

Taking of affidavit in county court proceedings

10.13

In relation to family proceedings pending or treated as pending in a divorce county court, section 58(1) of the County Courts Act 1984 ⁸⁰ shall have effect as if after paragraph (c) there were inserted the following words—

or (d) a district judge of the principal registry; or (e) any officer of the principal registry authorised by the President under section 2 of the Commissioners for Oaths Act 1889⁸¹; or (f) any clerk in the Central Office of the Royal Courts of Justice authorised to take affidavits for the purposes of proceedings in the Supreme Court.

Evidence of marriage outside England and Wales

10.14

• (1) The celebration of a marriage outside England and Wales and its validity under the law of the country where it was celebrated may, in any family proceedings in which the existence and validity of the marriage is not disputed, be proved by the evidence of one of the parties to the marriage and the production of a document purporting to be—

• (a) a marriage certificate or similar document issued under the law in force in that country; or

• (b) a certified copy of an entry in a register of marriages kept under the law in force in that country.

• (2) Where a document produced by virtue of paragraph (1) is not in English it shall, unless otherwise directed, be accompanied by a translation certified by a notary public or authenticated by affidavit.

• (3) This rule shall not be construed as precluding the proof of marriage in accordance with the Evidence (Foreign, Dominion and Colonial Documents) Act 1933⁸² or in any other manner authorised apart from this rule.

Official shorthand note etc of proceedings

10.15

• (1) Unless the judge otherwise directs, an official shorthand note shall be taken of the proceedings at the trial in open court of every cause pending in the High Court.

• (2) An official shorthand note may be taken of any other proceedings before a judge or district judge if directions for the taking of such a note are given by the Lord Chancellor.

• (3) The shorthand writer shall sign the note and certify it to be a correct shorthand note of the proceedings and shall retain the note unless he is directed by the district judge to forward it to the court.

• (4) On being so directed the shorthand writer shall furnish the court with a transcript of the whole or such part as may be directed of the shorthand note.

• (5) Any party, any person who has intervened in a cause, the Queen’s Proctor or, where a declaration of parentage has been made under section 56(1)(a) of the Act of 1986⁸³, the Registrar General shall be entitled to require from the shorthand writer a transcript of the shorthand note, and the shorthand writer shall, at the request of any person so entitled, supply that person with a transcript of the whole or any part of the note on payment of the shorthand writer’s charges authorised by any scheme in force providing for the taking of official shorthand notes of legal proceedings.

• (6) Except as aforesaid, the shorthand writer shall not, without the permission of the court, furnish the shorthand note or a transcript of the whole or any part thereof to anyone.

• (7) In these Rules references to a shorthand note include references to a record of the proceedings made by mechanical means and in relation to such a record references to the shorthand writer shall have effect as if they were references to the person responsible for transcribing the record.

Copies of decrees and orders

10.16

• (1) A copy of every decree shall be sent by the proper officer to every party to the cause.

• (2) A sealed or other copy of a decree or order made in open court shall be issued to any person requiring it on payment of the prescribed fee.

Service of order

10.17

• (1) Where an order made in family proceedings has been drawn up, the proper officer of the court where the order is made shall, unless otherwise directed, 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 district judge thinks fit, be sent to that party as if he were acting in person, 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 RSC Order 45, rule 7 (which deals with the service of an order to do or abstain from doing an act), CCR Order 29, rule I (which deals with orders enforceable by committal) and any other rule or enactment for the purposes of which an order is required to be served in a particular way.

No notice of intention to proceed after year’s delay

10.18

RSC Order 3, rule 6 (which requires a party to give notice of intention to proceed after a year’s delay) shall not apply to any proceedings pending in the High Court.

Filing of documents at place of hearing etc.

10.19

Where the file of any family proceedings has been sent from one divorce county court or registry to another for the purpose of a hearing or for some other purpose, any document needed for that purpose and required to be filed shall be filed in the other court or registry.

Inspection etc of documents retained in court

10.20

• (1) Subject to rule 10.21, a party to any family proceedings or his solicitor or the Queen’s Proctor or a person appointed under rule 2.57 or 9.5 to be the guardian ad item 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) Any person not entitled to a copy of a document under paragraph (1) above who intends to make an application under the Hague Convention (as defined in section 1(1) of the Child Abduction and Custody Act 1985⁸⁴) in a Contracting State (as defined in section 2 of that Act) other than the United Kingdom shall, if he satisfies the district judge that he intends to make such an application, be entitled to obtain a copy bearing the seal of the court of any order relating to the custody of the child in respect of whom the application is to be made.

• (3) Except as provided by rules 2.36(4) and 3.16(1 0) and paragraphs (1) and (2) of this rule, no document filed or lodged in the court office other than a decree or order made in open court shall be open to inspection by any person without the leave of the district judge, 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 addresses

10.21

• (1) Nothing in these rules shall be construed as requiring any party to reveal the address of their private residence (or that of any child) save by order of the court.

• (2) Where a party declines to reveal an address in reliance upon paragraph (1) above, he shall give notice of that address to the court 'n Form CHA59 and that address shall not be revealed to any person save by order of the court.

Practice to be observed in district registries and divorce county courts

10.22

• (1) The President and the senior district judge may, with the concurrence of the Lord Chancellor, issue directions for the purpose of securing in the district registries and the divorce county courts due observance of statutory requirements and uniformity of practice in family proceedings.

• (2) RSC Order 63, rule 11 (which requires the practice of the Central Office to be followed in the district registries) shall not apply to family proceedings.

Transitional Provisions

10.23

• (1) Subject to paragraph (2) below, these rules shall apply, so far as practicable, to any proceedings pending on the day on which they come into force.

• (2) Rule 8.1 shall not apply to an appeal from an order or decision made or given by a district judge in matrimonial proceedings in a divorce county court where notice of appeal has been filed before the day on which these rules come into force.

• (3) Where, by reason of paragraph (1) above, these rules do not apply to particular proceedings pending on the day on which they come into force, the rules in force immediately before that day shall continue to apply to those proceedings.

• (4) Nothing in this rule shall be taken as prejudicing the operation of the provisions of the Interpretation Act 1978⁸⁵ as regards the effect of repeals.

• (5) Without prejudice to the generality of paragraph (1) above (and for the avoidance of doubt) rule 2.39 shall not apply to any proceedings which are pending within the meaning of paragraph 1(1) of Schedule 14 to the Children Act 1989⁸⁶.

APPENDIX I— — Forms

Form M1.

Form M2 — General Heading of Proceedings

Form M3 — Certificate with Regard to Reconciliation

Form M4

Form M5

Form M6

Form M7(a)

Form M7(b)

Form M7(c)

Form M7(d)

Form M7(e)

Form M8

Form M9

Form M10

Form M11

Form M12

Form M13

Form M14

Form M15

Form M16

Form M17

Form M18

Form M19

Form M20

Form M21

Form M22

Form M23

Form M24

Form M25

Form M26

Form M27

Form M28

Form M29

Form M30

Form M31

CHA 1

CHA 2

CHA 3

CHA 4

CHA 5

CHA 6

CHA 7

CHA 8

CHA 9

CHA 10

CHA 10A

CHA 10D

CHA 11

CHA 11A

CHA 12

CHA 13

CHA 13A

CHA 14

CHA 15

CHA 16

CHA 17

CHA 18

CHA 19

CHA 20

CHA 21

CHA 22

CHA 23

CHA 24

CHA 25

CHA 26

CHA 27

CHA 28

CHA 29

CHA 30

CHA 31

CHA 32

CHA 33

CHA 34

CHA 35

CHA 36

CHA 37

CHA 38

CHA 39

CHA 40

CHA 41

CHA 42

CHA 43

CHA 44

CHA 45

CHA 46

CHA 47

CHA 47A

CHA 48

CHA 49

CHA 50

CHA 51

CHA 52

CHA 53

CHA 54

CHA 55

CHA 56

CHA 57

CHA 58

CHA 59

APPENDIX 2 — CONTENTS OF PETITION

(Unless otherwise directed under rule 2.3)

1

Every petition other than a petition under rules 3.12, 3.13, 3.14 or 3.15 shall state—

• (a) the names of the parties to the marriage and the date and place of the marriage;

• (b) the last address at which the parties to the marriage have lived together as husband and wife;

• (c) where it is alleged that the court has jurisdiction based on domicile—

• (i) the country in which the petitioner is domiciled, and

• (ii) if that country is not England and Wales, the country in which the respondent is domiciled;

• (d) where it is alleged that the court has jurisdiction based on habitual residence—

• (i) the country in which the petitioner has been habitually resident throughout the period of one year ending with the date of the presentation of the petition, or

• (ii) if the petitioner has not been habitually resident in England and Wales, the country in which the respondent has been habitually resident during that period, with details in either case, including the addresses of the places of residence and the length of residence at each place;

• (e) the occupation and residence of the petitioner and the respondent;

• (f) whether there are any living children of the family and, if so—

• (i) the number of such children and the full names (including surname) of each and his date of birth or (if it be the case) that he is over 18, and

• (ii) in the case of each minor child over the age of 16, whether he is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation;

• (g) whether (to the knowledge of the petitioner in the case of a husband’s petition), any other child now living has been born to the wife during the marriage and, if so, the full names (including surname) of the child and his date of birth or, if it be the case, that he is over 18;

• (h) if it be the case, that there is a dispute whether a living child is a child of the family;

• (i) whether or not there are or have been any other proceedings in any court in England and Wales or elsewhere with reference to the marriage or to any child of the family or between the petitioner and the respondent with reference to any property of either or both of them and, if so—

• (i) the nature of the proceedings,

• (ii) the date and effect of any decree or order, and

• (iii) in the case of proceedings with reference to the marriage, whether there has been any resumption of cohabitation since the making of the decree or order;

• (j) whether there are any proceedings continuing in any country outside England and Wales which relate to the marriage or are capable of affecting its validity or subsistence and, if so—

• (i) particulars of the proceedings, including the court in or tribunal or authority before which they were begun,

• (ii) the date when they were begun,