Legalize / United Kingdom / Statutory-Instrument

The Family Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-12-13

Last updated 2026-03-02

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(d) paragraph 9(4) of Schedule 7 to the 2004 Act.

(2) When the court makes an order mentioned in paragraph (1), it may order any party to deliver up to the purchaser or any other person—

(a) possession of the land, including any interest in, or right over, land;

(b) receipt of rents or profits relating to it; or

Where proceedings may be heard

9

(1) Paragraph (2) applies to an application—

(a) for a financial order;

(b) under Part 3 of the 1984 Act; or

(2) An application mentioned in paragraph (1) must be heard—

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

(b) where the case is proceeding in the High Court—

(i) at the Royal Courts of Justice; or

(ii) in matrimonial or civil partnership proceedings, any court at which sittings of the High Court are authorised.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

(1) Subject to paragraph (5) and to rule 35.2, in relation to an application for a consent order—

(a) the applicant must file two copies of a draft of the order in the terms sought, one of which must be endorsed with a statement signed by the respondent to the application signifying agreement; and

(b) each party must file with the court and serve on the other party, a statement of information in the form referred to in Practice Direction 5A.

(2) Where each party's statement of information is contained in one form, it must be signed by both the applicant and respondent to certify that they have read the contents of the other party's statement.

(3) Where each party's statement of information is in a separate form, the form of each party must be signed by the other party to certify that they have read the contents of the statement contained in that form.

(4) Unless the court directs otherwise, the applicant and the respondent need not attend the hearing of an application for a consent order.

(5) Where all or any of the parties attend the hearing of an application for a financial remedy the court may—

(a) dispense with the filing of a statement of information; and

(b) give directions for the information which would otherwise be required to be given in such a statement in such a manner as it thinks fit.

(6) In relation to an application for a consent order under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act, the application for permission to make the application may be heard at the same time as the application for a financial remedy if evidence of the respondent's consent to the order is filed with the application. (The following rules contain provision in relation to applications for consent orders - rule 9.32 (pension sharing order), rule 9.34 (pension attachment order), rule 9.41 (pension compensation sharing orders) and rule 9.43 (pension compensation attachment orders.)

CHAPTER 7 — ESTIMATES OF COSTS

Estimates of Costs

9

(1) Except where paragraph (4) applies, not less than one day before every hearing or appointment, each party must file with the court and serve on each other party an estimate of the costs incurred by that party up to the date of that hearing or appointment.

(2) Not less than one day before the first appointment, each party must file with the court and serve on each other party an estimate of the costs that party expects to incur up to the FDR appointment if a settlement is not reached.

(3) Not less than one day before the FDR appointment, each party must file with the court and serve on each other party an estimate of the costs that party expects to incur up to the final hearing if a settlement is not reached.

(4) Not less than 14 days before the date fixed for the final hearing of an application for a financial remedy, each party (“the filing party”) must (unless the court directs otherwise) file with the court and serve on each other party a statement giving full particulars of all costs in respect of the proceedings which the filing party has incurred or expects to incur, to enable the court to take account of the parties’ liabilities for costs when deciding what order (if any) to make for a financial remedy.

(5) A costs estimate filed and served in accordance with paragraph (1), (2) or (3) and particulars of costs filed and served in accordance with paragraph (4) must include confirmation—

(a) that they have been served on each other party; and

(b) in the case of a party who is legally represented, that they have been discussed with the party on whose behalf they are provided.

(6) Each party must bring to a hearing or appointment a copy of any estimate of costs filed and served in accordance with paragraph (1), (2) or (3) and any particulars of costs filed and served in accordance with paragraph (4).

(7) The amount of—

(a) a costs estimate filed and served in accordance with paragraph (1), (2) or (3); and

(b) particulars of costs filed and served in accordance with paragraph (4),

must be recorded in a recital to the order made at the hearing or appointment before which the estimate or particulars were filed or served.

(8) If a party fails to comply with paragraph (1), (2), (3) or (4)—

(a) this fact must be recorded in a recital to the order made at the hearing or appointment before which the costs estimate or particulars of costs should have been filed and served; and

(b) the court must direct that the relevant costs estimate or particulars of costs must be filed with the court and served on each other party within three days of the hearing or appointment or within such other time period as the court directs.

(Rule 28.3 makes provision for orders for costs in financial remedy proceedings.)

(Practice Direction 9A makes provision for statements of truth to be included in estimates of costs and particulars of costs filed and served in accordance with this rule.)

Duty to make open proposals

9

(1) Not less than 14 days before the date fixed for the final hearing of an application for a financial remedy, the applicant must (unless the court directs otherwise) file with the court and serve on the respondent an open statement which sets out concise details, including the amounts involved, of the orders which the applicant proposes to ask the court to make.

(2) Not more than 7 days after service of a statement under paragraph (1), the respondent must file with the court and serve on the applicant an open statement which sets out concise details, including the amounts involved, of the orders which the respondent proposes to ask the court to make.

CHAPTER 8 — PENSIONS

Application and interpretation of this Chapter

9

(1) This Chapter applies

(a) where an application for a financial remedy has been made; and

(b) the applicant or respondent is the party with pension rights.

(2) In this Chapter—

(a) in proceedings under the 1973 Act and the 1984 Act, all words and phrases defined in sections 25D(3) and (4) of the 1973 Act have the meaning assigned by those subsections;

(b) in proceedings under the 2004 Act—

(i) all words and phrases defined in paragraphs 16(4) to (5) and 29 of Schedule 5 to that Act have the meanings assigned by those paragraphs; and

(ii) “the party with pension rights” has the meaning given to “civil partner with pension rights” by paragraph 29 of Schedule 5 to the 2004 Act;

(c) all words and phrases defined in section 46 of the Welfare Reform and Pensions Act 1999 have the meanings assigned by that section.

What the party with pension rights must do when the court fixes a first appointment

9

(1) Where the court fixes a first appointment as required by rule 9.12(1)(a) the party with pension rights must request the person responsible for each pension arrangement under which the party has or is likely to have benefits to provide the information referred to in regulation 2(2) of the Pensions on Divorce etc (Provision of Information) Regulations 2000. (The information referred to in regulation 2 of the Pensions on Divorce etc (Provision of Information) Regulations 2000 relates to the valuation of pension rights or benefits.)

(2) The party with pension rights must comply with paragraph (1) within 7 days beginning with the date on which that party receives notification of the date of the first appointment.

(3) Within 7 days beginning with the date on which the party with pension rights receives the information under paragraph (1) that party must send a copy of it to the other party, together with the name and address of the person responsible for each pension arrangement.

(4) A request under paragraph (1) need not be made where the party with pension rights is in possession of, or has requested, a relevant valuation of the pension rights or benefits accrued under the pension arrangement in question.

9

Where an application for a financial remedy includes an application for a pension sharing order, or where a request for such an order is added to an existing application for a financial remedy, the applicant must serve a copy of the application on the person responsible for the pension arrangement concerned.

9

(1) This rule applies where—

(a) the parties have agreed on the terms of an order and the agreement includes a pension sharing order;

(b) service has not been effected under rule9.31; and

(2) The party with pension rights must—

(a) request the person responsible for the pension arrangement concerned to provide the information set out in Section C of the Pension Inquiry Form; and

(b) on receipt, send a copy of the information referred to in sub-paragraph (a) to the other party.

Applications for pension attachment orders

9

(1) Where an application for a financial remedy includes an application for a pension attachment order, or where a request for such an order is added to an existing application for a financial remedy, the applicant must serve a copy of the application on the person responsible for the pension arrangement concerned and must at the same time send—

(a) an address to which any notice which the person responsible is required to serve on the applicant is to be sent;

(b) an address to which any payment which the person responsible is required to make to the applicant is to be sent; and

(c) where the address in sub-paragraph (b) is that of a bank, a building society or the Department of National Savings, sufficient details to enable the payment to be made into the account of the applicant.

(2) A person responsible for a pension arrangement who receives a copy of the application under paragraph (1) may, within 21 days beginning with the date of service of the application, request the party with the pension rights to provide that person with the information disclosed in the financial statement relating to the party's pension rights or benefits under that arrangement.

(3) If the person responsible for a pension arrangement makes a request under paragraph (2), the party with the pension rights must provide that person with a copy of the section of that party's financial statement that relates to that party's pension rights or benefits under that arrangement.

(4) The party with the pension rights must comply with paragraph (3)—

(a) within the time limited for filing the financial statement by rule 9.14(1); or

(b) within 21 days beginning with the date on which the person responsible for the pension arrangement makes the request,

whichever is the later.

(5) A person responsible for a pension arrangement who receives a copy of the section of a financial statement as required pursuant to paragraph (4) may, within 21 days beginning with the date on which that person receives it, send to the court, the applicant and the respondent a statement in answer.

(6) A person responsible for a pension arrangement who files a statement in answer pursuant to paragraph (5) will be entitled to be represented at the first appointment, or such other hearing as the court may direct, and the court must within 4 days, beginning with the date on which that person files the statement in answer, give the person notice of the date of the first appointment or other hearing as the case may be.

9

(1) This rule applies where service has not been effected under rule9.33(1).

(2) Where the parties have agreed on the terms of an order and the agreement includes a pension attachment order, then they must serve on the person responsible for the pension arrangement concerned—

(a) a copy of the application for a consent order;

(b) a draft of the proposed order, complying with rule 9.35; and

(3) No consent order that includes a pension attachment order must be made unless either—

(a) the person responsible for the pension arrangement has not made any objection within 21 days beginning with the date on which the application for a consent order was served on that person; or

(b) the court has considered any such objection, and for the purpose of considering any objection the court may make such direction as it sees fit for the person responsible to attend before it or to furnish written details of the objection.

9

An order for a financial remedy, whether by consent or not, which includes a pension sharing order or a pension attachment order, must—

(a) in the body of the order, state that there is to be provision by way of pension sharing or pension attachment in accordance with the annex or annexes to the order; and

(b) be accompanied by a pension sharing annex or a pension attachment annex as the case may require, and if provision is made in relation to more than one pension arrangement there must be one annex for each pension arrangement.

9

(1) A court which varies or discharges a pension sharing order or a pension attachment order, must send, or direct one of the parties to send—

(a) to the person responsible for the pension arrangement concerned; or

(b) where the Board has assumed responsibility for the pension scheme or part of it, the Board;

the documents referred to in paragraph (4).

(2) A court which makes a pension sharing order or pension attachment order, must send, or direct one of the parties to send to the person responsible for the pension arrangement concerned, the documents referred to in paragraph (4).

(3) Where the Board has assumed responsibility for the pension scheme or part of it after the making of a pension sharing order or attachment order but before the documents have been sent to the person responsible for the pension arrangement in accordance with paragraph (2), the court which makes the pension sharing order or the pension attachment order, must send, or direct one of the parties to send to the Board the documents referred to in paragraph (4).

(4) The documents to be sent in accordance with paragraph (1) to (3) are—

(a) in the case of—

(i) proceedings under the 1973 Act, a copy of the judicial separation order;

(ii) proceedings under Schedule 5 to the 2004 Act, a copy of the separation order;

(iii) proceedings under Part 3 of the 1984 Act, a copy of the document of divorce, annulment or legal separation;

(iv) proceedings under Schedule 7 to the 2004 Act, a copy of the document of dissolution, annulment or legal separation;

(b) in the case of divorce or nullity of marriage, a copy of the final order under rule 7.19 or 7.20; or

(c) in the case of dissolution or nullity of civil partnership, a copy of the order making the conditional order final under rule 7.19 or 7.20; and

(d) a copy of the pension sharing order or the pension attachment order, or as the case may be of the order varying or discharging that order, including any annex to that order relating to that pension arrangement but no other annex to that order.

(5) The documents referred to in paragraph (4) must be sent—

(a) in proceedings under the 1973 Act and the 1984 Act, within 7 days beginning with the date on which—

(i) the relevant pension sharing or pension attachment order , or any order varying or discharging such an order, is made; or

(ii) the final order of divorce or nullity or judicial separation order is made,

whichever is the later; and

(b) in proceedings under the 2004 Act, within 7 days beginning with the date on which—

(i) the relevant pension sharing or pension attachment order , or any order varying or discharging such an order, is made; or

(ii) the final order of dissolution or nullity or separation order is made,

whichever is the later.

Procedure where Pension Protection Fund becomes involved with the pension scheme

9

(1) This rule applies where—

(a) rules 9.30 to 9.34 or 9.36 apply; and

(b) the party with the pension rights (“the member”) receives or has received notification in compliance with the Pension Protection Fund (Provision of Information) Regulations 2005 (“the 2005 Regulations”) —

(i) from the trustees or managers of a pension scheme, that there is an assessment period in relation to that scheme; or

(ii) from the Board that it has assumed responsibility for the pension scheme or part of it.

(2) If the trustees or managers of the pension scheme notify or have notified the member that there is an assessment period in relation to that scheme, the member must send to the other party, all the information which the Board is required from time to time to provide to the member under the 2005 Regulations including—

(a) a copy of the notification; and

(b) a copy of the valuation summary,

in accordance with paragraph (3).

(3) The member must send the information or any part of it referred to in paragraph (2)—

(a) if available, when the member sends the information received under rule 9.30(1); or

(b) otherwise, within 7 days of receipt.

(4) If the Board notifies the member that it has assumed responsibility for the pension scheme, or part of it, the member must—

(a) send a copy of the notification to the other party within 7 days of receipt; and

(b) comply with paragraph (5).

(5) Where paragraph (4) applies, the member must—

(a) within 7 days of receipt of the notification, request the Board in writing to provide a forecast of the member's compensation entitlement as described in the 2005 Regulations; and

(b) send a copy of the forecast of the member's compensation entitlement to the other party within 7 days of receipt.

(6) In this rule—

(a) “assessment period” means an assessment period within the meaning of Part 2 of the Pensions Act 2004; and

(b) “valuation summary” has the meaning assigned to it by the 2005 Regulations.

CHAPTER 9 — PENSION PROTECTION FUND COMPENSATION

Application and interpretation of this Chapter

9

(1) This Chapter applies—

(a) where an application for a financial remedy has been made; and

(b) the applicant or respondent is, the party with compensation rights.

(2) In this Chapter “party with compensation rights” —

(a) in proceedings under the 1973 Act and the 1984 Act, has the meaning given to it by section 25G(5) of the 1973 Act;

(b) in proceedings under the 2004 Act, has the meaning given to “civil partner with compensation rights” by paragraph 37(1) of Schedule 5 to the 2004 Act .

What the party with compensation rights must do when the court fixes a first appointment

9

(1) Where the court fixes a first appointment as required by rule 9.12(1)(a) the party with compensation rights must request the Board to provide the information about the valuation of entitlement to PPF compensation referred to in regulations made by the Secretary of State under section 118 of the Pensions Act 2008.

(2) The party with compensation rights must comply with paragraph (1) within 7 days beginning with the date on which that party receives notification of the date of the first appointment.

(3) Within 7 days beginning with the date on which the party with compensation rights receives the information under paragraph (1) that party must send a copy of it to the other party, together with the name and address of the trustees or managers responsible for each pension scheme.

(4) Where the rights to PPF Compensation are derived from rights under more than one pension scheme, the party with compensation rights must comply with this rule in relation to each entitlement.

9

Where an application for a financial remedy includes an application for a pension compensation sharing order or where a request for such an order is added to an existing application for a financial remedy, the applicant must serve a copy of the application on the Board.

9

(1) This rule applies where—

(a) the parties have agreed on the terms of an order and the agreement includes a pension compensation sharing order;

(b) service has not been effected under rule 9.40; and

(2) The party with compensation rights must—

(a) request the Board to provide the information set out in Section C of the Pension Protection Fund Inquiry Form; and

(b) on receipt, send a copy of the information referred to in sub-paragraph (a) to the other party.

Applications for pension compensation attachment orders

9

Where an application for a financial remedy includes an application for a pension compensation attachment order or where a request for such an order is added to an existing application for a financial remedy, the applicant must serve a copy of the application on the Board and must at the same time send—

(a) an address to which any notice which the Board is required to serve on the applicant is to be sent;

(b) an address to which any payment which the Board is required to make to the applicant is to be sent; and

(c) where the address in sub-paragraph (b) is that of a bank, a building society or the Department of National Savings, sufficient details to enable the payment to be made into the account of the applicant.

9

(1) This rule applies where service has not been effected under rule9.42.

(2) Where the parties have agreed on the terms of an order and the agreement includes a pension compensation attachment order, then they must serve on the Board—

(a) a copy of the application for a consent order;

(b) a draft of the proposed order, complying with rule 9.44; and

9

An order for a financial remedy, whether by consent or not, which includes a pension compensation sharing order or a pension compensation attachment order, must—

(a) in the body of the order, state that there is to be provision by way of pension compensation sharing or pension compensation attachment in accordance with the annex or annexes to the order; and

(b) be accompanied by a pension compensation sharing annex or a pension compensation attachment annex as the case may require, and if provision is made in relation to entitlement to PPF compensation that derives from rights under more than one pension scheme there must be one annex for each such entitlement.

9

(1) A court which makes, varies or discharges a pension compensation sharing order or a pension compensation attachment order, must send, or direct one of the parties to send, to the Board—

(a) in the case of—

(i) proceedings under Part 3 of the 1984 Act, a copy of the document of divorce, annulment or legal separation;

(ii) proceedings under Schedule 7 to the 2004 Act, a copy of the document of dissolution, annulment or legal separation;

(b) in the case of —

(i) divorce or nullity of marriage, a copy of the final order under rule 7.19 or 7.20;

(ii) dissolution or nullity of civil partnership, a copy of the order making the conditional order final under rule 7.19 or 7.20;

(i) in the matrimonial proceedings, a copy of the judicial separation order;

(ii) in civil partnership proceedings, a copy of the separation order; and

(d) a copy of the pension compensation sharing order or the pension compensation attachment order, or as the case may be of the order varying or discharging that order, including any annex to that order relating to that PPF compensation but no other annex to that order.

(2) The documents referred to in paragraph (1) must be sent—

(a) in proceedings under the 1973 Act and the 1984 Act, within 7 days beginning with the date on which—

(i) the relevant pension compensation sharing or pension compensation attachment order is made; or

(ii) the final order of divorce or nullity or the judicial separation order is made,

whichever is the later; and

(b) in proceedings under the 2004 Act, within 7 days beginning with the date on which—

(i) the relevant pension compensation sharing or pension compensation attachment order is made; or

(ii) the final order of dissolution or nullity or separation order is made,

whichever is the later.

PART 10 — APPLICATIONS UNDER PART 4 OF THE FAMILY LAW ACT 1996

Scope and interpretation of this Part

10

The rules in this Part apply to proceedings under Part 4 of the 1996 Act.

Applications for an occupation order or a non-molestation order

10

(1) An application for an occupation order or a non-molestation order must be supported by a witness statement.

(2) An application for an occupation order or a non-molestation order may be made without notice.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where an application is made without notice, the witness statement in support of the application must state the reasons why notice has not been given. (Section 45 of the 1996 Act sets out the criteria for making an order without notice.)

Service of the application

10

(1) In an application made on notice, the applicant must , subject to rule 6.23A and any order made under rule 6.35 or 6.36, serve—

(a) a copy of the application together with any statement in support; and

(b) notice of any hearing or directions appointment set by the court,

on the respondent personally—

(i) not less than 2 days before the hearing; or

(ii) within such period as the court may direct.

(1A) An application must not be served personally by the applicant himself or herself.

(2) Where the applicant is acting in person, the applicant may request the court officer to serve the application on the respondent.

(3) In an application for an occupation order under section 33, 35 or 36 of the 1996 Act , the applicant must serve on the mortgagee and any landlord of the dwelling-house in question—

(a) a copy of the application; and

(b) notice of the right to make representations in writing or orally at any hearing.

(4) The applicant must file a certificate of service after serving the application.

(... )

Transfer of pending proceedings to another court

10

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

Privacy

10

Any hearing relating to an application for an occupation order or a non-molestation order will be in private unless the court directs otherwise.

Service of an order

10

(1) Subject to rule 6.23A and any order made under rule 6.35 or 6.36, the applicant must, as soon as reasonably practicable, serve on the respondent personally—

(a) a copy of the order; and

(b) where the order is made without notice—

(i) a copy of the application together with any statement supporting it; and

(ii) where the order is made by lay justices, a copy of the written record of the reasons for the court’s decision.

(Rule 27.2 makes provision in respect of lay justices giving written reasons in the family court.)

(1A) The documents listed in paragraph (1) must not be served personally by the applicant himself or herself.

(2) The court must serve the documents listed in paragraph (1) if—

(a) an applicant, acting in person, so requests; or

(b) the court made the order of its own initiative.

(3) In an application for an occupation order under section 33, 35 or 36 of the 1996 Act, the applicant must serve a copy of any order made on the mortgagee and any landlord of the dwelling-house in question.

Representations made by a mortgagee or landlord

10

The court may direct that a hearing be held in order to consider any representations made by a mortgagee or a landlord.

Applications to vary, extend or discharge an order

10

Rules 10.5 to 10.7 apply to applications to vary, extend or discharge an order.

Orders containing provisions to which a power of arrest is attached

10

Where the court makes an occupation order containing one or more provisions to which a power of arrest is attached (“relevant provisions”)—

(a) each relevant provision must be set out in a separate paragraph in the order; and

(b) a paragraph containing a relevant provision must not include a provision of the order to which the power of arrest is not attached.

Service of an order on the officer for the time being in charge of a police station

10

(1) Where the court makes—

(a) an occupation order to which a power of arrest is attached; or

(b) a non-molestation order,

a copy of the order must be delivered to the officer for the time being in charge of—

(i) the police station for the applicant's address; or

(ii) such other police station as the court may specify.

(2) A copy of the order delivered under paragraph (1) must be accompanied by a statement showing that the respondent has been served with the order or informed of its terms (whether by being present when the order was made or by telephone or otherwise).

(3) The documentation referred to in paragraphs (1) and (2) must be delivered by—

(a) the applicant; or

(b) the court officer, where rule 10.6(2) applies.

(4) Paragraph (5) applies where an order is made varying or discharging—

(a) a provision of an occupation order to which a power of arrest is attached; or

(b) a provision of a non-molestation order.

(5) The court officer must—

(a) immediately inform—

(i) the officer who received a copy of the order under paragraph (1); and

(ii) if the applicant's address has changed, the officer for the time being in charge of the police station for the new address; and

(b) deliver a copy of the order referred to in paragraph (4)(a) or (b) and the order referred to in paragraph (1) to any officer so informed.

Proceedings following arrest in a county court or the High Court

10

(1) This rule applies where a person is arrested pursuant to—

(a) a power of arrest attached to a provision of an occupation order; ...

(b) a warrant of arrest issued on an application under section 47(8) of the 1996 Act ; or

(The Civil Jurisdiction and Judgments (Protection Measures) Regulations 2014(1) make provision in relation to the powers of the family court and the High Court to enforce incoming protection measures under the Protection Measures Regulation.)

(2) The court before which a person is brought following arrest may—

(a) determine whether the facts, and the circumstances which led to the arrest, amounted to disobedience of the order; or

(b) adjourn the proceedings.

(3) Where the proceedings are adjourned and the arrested person is released—

(a) unless the court directs otherwise, the matter must be dealt with within 14 days beginning with the date of arrest; and

(b) the arrested person must be given not less than 2 days' notice of the hearing.

(4) An application notice seeking the committal for contempt of court of the arrested person may be issued if the arrested person is not dealt with within the period mentioned in paragraph (3)(a).

(The powers of the court to remand in custody or on bail are contained in section 47 of and Schedule 5 to the Family Law Act 1996 .)

...

Enforcement of an order in a county court

10

At the time when the order is drawn up, the court officer will—

(a) where the order made is (or includes) a non-molestation order; or

(b) where the order made is an occupation order and the court so directs,

issue a copy of the order, endorsed with or incorporating a notice as to the consequences of disobedience, for service in accordance with rule 10.6.

(For enforcement of an order by way of committal see Part 37 (rule 37.4(2)(c) requires a contempt application to include confirmation that any order allegedly breached or disobeyed contained a penal notice).)

Enforcement of an undertaking in a county court

10

... Part 37 applies ... where an application is made to commit a person for breach of an undertaking.

(Rule 37.4(2) includes requirements for the information to be contained in a contempt application in relation to breach of an undertaking.).)

Power to adjourn the hearing for consideration of the penalty

10

The court may adjourn the hearing for consideration of the penalty to be imposed for any contempt of court found proved and such a hearing may be restored if the respondent does not comply with any conditions specified by the court.

(... )

Hospital orders or guardianship orders under the Mental Health Act 1983

10

(1) Where the court makes a hospital order under the Mental Health Act 1983 the court officer must—

(a) send to the hospital any information which will be of assistance in dealing with the patient; and

(b) inform the applicant when the respondent is being transferred to hospital.

(2) Where the court makes a guardianship order under the Mental Health Act 1983, the court officer must send any information which will be of assistance in dealing with the patient to—

(a) the patient's guardian; and

(b) where the guardian is a person other than the local services authority, the local services authority.

(... )

Transfer directions under section 48 of the Mental Health Act 1983

10

(1) Where a transfer direction given by the Secretary of State under section 48 of the Mental Health Act 1983 is in force in respect of a person remanded in custody by the court, the court officer must notify—

(a) the governor of the prison to which that person was remanded; and

(b) the hospital where that person is detained,

of any committal hearing which that person is required to attend.

(2) The court officer must also give notice in writing of any further remand to the hospital where that person is detained.

(... )

Recognizances

10

(1) Where, in accordance with paragraph 2(1)(b)(ii) of Schedule 5 to the 1996 Act, the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by—

(a) a judge of the court;

(b) a police officer of the rank of inspector or above or in charge of a police station; or

(2) The person having custody of an applicant for bail must release that applicant if satisfied that the required recognizances have been taken.

(... )

PART 11 — APPLICATIONS UNDER PART 4A OF THE FAMILY LAW ACT 1996 OR PART 1 OF SCHEDULE 2 TO THE FEMALE GENITAL MUTILATION ACT 2003

Scope and interpretation

11

(1) The rules in this Part apply to proceedings ... under Part 4A of the 1996 Act and under Part 1 of Schedule 2 to the 2003 Act .

(2) In this Part—

“the 2003 Act” means the Female Genital Mutilation Act 2003;

“a FGM protection order” means an order under paragraph 1(1) of Part 1 of Schedule 2 to the 2003 Act;

“a forced marriage protection order” means an order under section 63A of the 1996 Act ; ...

“an individual” means a person (whether legally represented or not) who is not applying for an order on behalf of an organisation, and includes the person who is the subject of the proceedings;

“a protection order” means a forced marriage protection order or a FGM protection order; and

“the person who is the subject of the proceedings” means the person who will be protected by the ... protection order applied for or being considered by the court of its own initiative, if that order is made, or who is being protected by the protection order.

Applications

11

(1) An application for a ... protection order may be made without notice.

(2) Where an application is made without notice, it must be supported by a witness statement explaining why notice has not been given.

(3) An application for a ... protection order made by an organisation must state—

(a) the name and address of the person submitting the application; and

(b) the position which that person holds in the organisation.

Permission to apply

11

(A1) An application for permission to apply for a protection order may be made without notice.

(1) Where the permission of the court is required to apply for a ... protection order, the person seeking permission must file—

(a) a Part 18 application notice setting out—

(i) the reasons for the application, for the making of which permission is sought (“the proposed application”);

(ii) the applicant's connection with the person to be protected;

(iii) the applicant's knowledge of the circumstances of the person to be protected; and

(iv) in relation to an application for permission to apply for a forced marriage protection order only, the applicant's knowledge of the wishes and feelings of the person to be protected;

and

(b) a draft of the proposed application, together with sufficient copies for one to be served on each respondent and (if different) the person to be protected.

(2) As soon as practicable after receiving an application under paragraph (1), the court must—

(a) grant the application; or

(b) direct that a date be fixed for the hearing of the application and fix the date.

(3) The court officer must inform the following persons of the court's action under paragraph (2)—

(a) the applicant;

(b) the respondent;

(d) any other person directed by the court.

(4) Where permission is granted to apply for a ... protection order, the application must proceed in accordance with rule 11.2.

Service of applications on notice

11

(1) Subject to paragraphs (3) and (7), where an application is made on notice, the applicant must serve a copy of the application, together with the notice of proceedings, personally on—

(a) the respondent;

(b) the person who is the subject of the proceedings (if that person is neither the applicant nor a respondent); and

not less than 2 days before the date on which the application will be heard.

(1A) Where the applicant is an individual, the application must not be served personally by the applicant himself or herself.

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

(3) Subject to paragraph (7), service of the application must be effected by the court if the applicant , acting in person, so requests (this does not affect the court's power to order substituted service).

(4) Where the application is served on the person who is the subject of the proceedings, it must be accompanied by a notice informing that person—

(a) how to apply to become a party to the proceedings; and

(b) of that person's right to make representations in writing or orally at any hearing.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where an application is served by the applicant, the applicant must file a certificate of service stating the date and time of personal service on each party served.

(7) This rule is subject to rule 6.23A (which specifies how service is to be effected on a person where there are reasonable grounds to believe that person is residing in a refuge).

Transfer of proceedings

11

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

Parties

11

(A1) Where the person who is the subject of proceedings is not the applicant and is a child, the court must consider, at every stage in the proceedings, whether to make that child a party to proceedings.

(For when a child should be made a party to proceedings generally see paragraph 7 of Practice Direction 16A).

(1) In proceedings under this Part, a person may file a Part 18 application notice for that person or another person to—

(a) be joined as a party; or

(b) cease to be a party.

(2) As soon as practicable after receiving an application under paragraph (1), the court must do one of the following—

(a) in the case only of an application under paragraph (1)(a), grant the application;

(b) order that the application be considered at a hearing, and fix a date for the hearing; or

(c) invite written representations as to whether the application should be granted, to be filed within a specified period, and upon expiry of that period act under sub-paragraph (a) or (b) as it sees fit.

(3) The court officer must inform the following persons of the court's action under paragraph (2)—

(a) the applicant under paragraph (1);

(b) (if different) the applicant for the ... protection order and the respondent to that application;

(d) any other person directed by the court.

(4) The court may at any time direct—

(a) that a person who would not otherwise be a respondent under these rules be joined as a party to the proceedings; or

(b) that a party to the proceedings cease to be a party,

and such a direction may be made by the court of its own initiative as well as upon an application under paragraph (1).

(5) Where the court directs the addition or removal of a party, it may give consequential directions about—

(a) service on a new party of a copy of the application for the ... protection order and other relevant documents; and

(b) the management of the proceedings.

Hearings and service of orders

11

(1) Any hearing relating to an application for a ... protection order must be in private unless the court otherwise directs.

(2) The court may direct the withholding of any submissions made, or any evidence adduced, for or at any hearing in proceedings to which this Part applies—

(a) in order to protect the person who is the subject of the proceedings or any other person; or

(b) for any other good reason.

(3) The applicant must, subject to rule 6.23A, within two days of an order being made (unless otherwise directed by the court), serve personally—

(a) a copy of the order;

(b) a copy of the record of the hearing; and

on the respondent, the person who is the subject of the proceedings (if neither the applicant nor a respondent), and any other person named in the order.

(3A) Where the applicant is an individual, the documents listed in paragraph (3) must not be served personally by the applicant himself or herself.

(4) The court must serve the documents listed in paragraph (3) if—

(a) an applicant, acting in person, so requests; or

(b) the court made the order of its own initiative.

Orders made by the court of its own initiative

11

(1) Where the court makes a ... protection order of its own initiative under section 63C of the 1996 Act or under paragraph 2 of Part 1 of Schedule 2 to the 2003 Act , it must set out in the order—

(a) a summary of its reasons for making the order; and

(b) the names of the persons who are to be served with the order.

(2) The court may order service of the order on—

(a) any of the parties to the current proceedings;

(b) (if different) the person who is the subject of the proceedings; and

(3) The court must give directions as to how the order is to be served.

(Rule 6.23A specifies how service is to be effected on a person where there are reasonable grounds to believe that person is residing in a refuge.)

Representations in respect of orders

11

Where the court makes an order of a type referred to in rule 11.7 or 11.8, it may direct that a hearing (or further hearing) be held in order to consider any representations made by any of the persons named in, or directed to be served with, the order.

Applications to vary, extend or discharge an order

11

Rules 11.7 and 11.9 apply to applications to vary, extend or discharge a ... protection order.

Orders containing provisions to which a power of arrest is attached

11

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

Service where order contains a power of arrest

11

A practice direction may make provision for notifying the police when a protection order is made, varied, extended or discharged.

Application for issue of warrant for arrest

11

(1) An application under section 63J(2) of the 1996 Act or under paragraph 7(1) of Part 1 of Schedule 2 to the 2003 Act for the issue of a warrant for the arrest of a person must be supported by a sworn statement.

(2) An application for the issue of a warrant for arrest made by a person who is neither the person who is the subject of the proceedings nor (if different) the person who applied for the order, shall be treated, in the first instance, as an application for permission to apply for the warrant to be issued, and the court shall either—

(a) grant the application; or

(b) direct that a date be fixed for the hearing of the application and fix a date.

(3) The court officer must inform the following persons of the court's action under paragraph (2)—

(a) the person applying for the issue of the warrant;

(b) the person being protected by the order; and

Proceedings following arrest

11

(1) This rule applies where a person is arrested pursuant to—

(a) a power of arrest attached to a provision of a forced marriage protection order; or

(b) a warrant of arrest issued on an application under section 63J(2) of the 1996 Act or under paragraph 7(1) of Part 1 of Schedule 2 to the 2003 Act.

(2) The court before whom a person is brought following his arrest may—

(a) determine whether the facts and the circumstances which led to the arrest amounted to disobedience of the order; or

(b) adjourn the proceedings.

(3) Where the proceedings are adjourned, the arrested person may be released and—

(a) unless the court directs otherwise, be dealt with within 14 days of the day on which the person was arrested; and

(b) be given not less than 2 days' notice of the adjourned hearing.

(4) An application notice seeking the committal for contempt of court of the arrested person may be issued if the arrested person is not dealt with within the period mentioned in paragraph (3)(a).

(The powers of the court to remand in custody or on bail are contained in section 47 of and Schedule 5 to the 1996 Act and in paragraphs 8 to14 of Part 1 of Schedule 2 to the 2003 Act .)

Enforcement of orders

11

(1) At the time when the order is drawn up, the court officer will, where the order made is (or includes) a ... protection order, issue a copy of the order, endorsed with or incorporating a notice as to the consequences of disobedience, for service in accordance with rule 11.7.

(2) ... Part 37 applies ... where an application is made to commit a person for breach of an undertaking.

(Rule 37.4(2) includes requirements for the information to be contained in a contempt application in relation to breach of an order or an undertaking.).)

Power to adjourn the hearing for consideration of the penalty

11

The court may adjourn the hearing for consideration of the penalty to be imposed for any contempt of court found proved and such hearing may be restored if the contemnor does not comply with any conditions specified by the court.

Hospital orders or guardianship orders under the Mental Health Act 1983

11

(1) Where the court makes a hospital order under the Mental Health Act 1983, the court officer must—

(a) send to the hospital any information which will be of assistance in dealing with the patient; and

(b) inform the persons directed by the court to be informed about when the patient is being transferred to hospital.

(2) Where the court makes a guardianship order under the Mental Health Act 1983, the court officer must send any information which will be of assistance in dealing with the patient to—

(a) the patient's guardian; and

(b) where the guardian is a person other than the local services authority, the local services authority.

Transfer directions under section 48 of the Mental Health Act 1983

11

(1) Where a transfer direction given by the Secretary of State under section 48 of the Mental Health Act 1983 is in force in respect of a person remanded in custody by the court, the court officer must notify—

(a) the governor of the prison to which that person was remanded; and

(b) the hospital where that person is detained,

of any committal hearing which that person is required to attend.

(2) The court officer must also give notice in writing of any further remand to the hospital where that person is detained.

Recognizances

11

(1) Where, in accordance with paragraph 2(1)(b)(ii) of Schedule 5 to the 1996 Act or paragraph 10(3)(b) of Part 1 of Schedule 2 to the 2003 Act, the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by—

(a) a judge of the court;

(b) a police officer of the rank of inspector or above or in charge of a police station; or

(2) The person having custody of an applicant for bail must release him if satisfied that the required recognizances have been taken.

CHAPTER 1 — INTERPRETATION AND APPLICATION OF THIS PART

Application of this Part

12

(1) The rules in this Part apply to—

(a) emergency proceedings;

(b) private law proceedings;

(d) proceedings relating to the exercise of the court's inherent jurisdiction (other than applications for the court's permission to start such proceedings);

(e) proceedings relating to child abduction and the recognition and enforcement of decisions relating to custody under the European Convention;

(f) proceedings relating to ... the 1996 Hague Convention in respect of children; and

(g) any other proceedings which may be referred to in a practice direction.

(Part 18 sets out the procedure for making an application for permission to bring proceedings.) (Part 31 sets out the procedure for making applications for recognition and enforcement of judgments under ... the 1996 Hague Convention.)

(2) The rules in Chapter 7 of this Part also apply to family proceedings which are not within paragraph (1) but which otherwise relate wholly or mainly to the maintenance or upbringing of a minor.

(3) This Part is subject to any provision made by or pursuant to Part 41 (proceeding by electronic means).

Interpretation

12

In this Part—

“the 2006 Act” means the Childcare Act 2006 ;

“activity condition” has the meaning given to it by section 11C(2) of the 1989 Act;”

“activity direction” has the meaning given to it by section 11A(3) of the 1989 Act;

“advocate” means a person exercising a right of audience as a representative of, or on behalf of, a party;

“care proceedings” means proceedings for a care order under section 31(1)(a) of the 1989 Act;

“Case Management Order” means an order in the form referred to in Practice Direction 12A;

“child assessment order” has the meaning assigned to it by section 43(2) of the 1989 Act;

“contribution order” has the meaning assigned to it by paragraph 23(2) of Schedule 2 to the 1989 Act;

“education supervision order” has the meaning assigned to it by section 36(2) of the 1989 Act;

“emergency proceedings” means proceedings for—the disclosure of information as to the whereabouts of a child under section 33 of the 1986 Act ;an order authorising the taking charge of and delivery of a child under section 34 of the 1986 Act ;an emergency protection order;an order under section 44(9)(b) of the 1989 Act varying a direction in an emergency protection order given under section 44(6) of that Act;an order under section 45(5) of the 1989 Act extending the period during which an emergency protection order is to have effect;an order under section 45(8) of the 1989 Act discharging an emergency protection order;an order under section 45(8A) of the 1989 Act varying or discharging an emergency protection order in so far as it imposes an exclusion requirement on a person who is not entitled to apply for the order to be discharged;an order under section 45(8B) of the 1989 Act varying or discharging an emergency protection order in so far as it confers a power of arrest attached to an exclusion requirement;warrants under sections 48(9) and 102(1) of the 1989 Act and under section 79 of the 2006 Act ; ora recovery order under section 50 of the 1989 Act ;

“emergency protection order” means an order under section 44 of the 1989 Act;

“enforcement order” has the meaning assigned to it by section 11J(2) of the 1989 Act;

“financial compensation order” means an order made under section 11O(2) of the 1989 Act;

“interim order” means an interim care order or an interim supervision order referred to in section 38(1) of the 1989 Act;

“Part 4 proceedings” means proceedings for—a care order, or the discharge of such an order, under section 39(1) of the 1989 Act;an order giving permission to change a child’s surname or remove a child from the United Kingdom under section 33(7) of the 1989 Act;a supervision order, the discharge or variation of such an order under section 39(2) of the 1989 Act, or the extension of such an order under paragraph 6(3) of Schedule 3 to that Act;an order making provision regarding contact under section 34(2) to (4) of the 1989 Act or an order varying or discharging such an order under section 34(9) of that Act;an education supervision order, the extension of an education supervision order under paragraph 15(2) of Schedule 3 to the 1989 Act, or the discharge of such an order under paragraph 17(1) of Schedule 3 to that Act;an order varying directions made with an interim care order or interim supervision order under section 38(8)(b) of the 1989 Act;an order under section 39(3) of the 1989 Act varying a supervision order in so far as it affects a person with whom the child is living but who is not entitled to apply for the order to be discharged;an order under section 39(3A) of the 1989 Act varying or discharging an interim care order in so far as it imposes an exclusion requirement on a person who is not entitled to apply for the order to be discharged;an order under section 39(3B) of the 1989 Act varying or discharging an interim care order in so far as it confers a power of arrest attached to an exclusion requirement; orthe substitution of a supervision order for a care order under section 39(4) of the 1989 Act;

“private law proceedings” means proceedings for— a section 8 order except a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority; a parental responsibility order under sections 4(1)(c) , 4ZA(1)(c) or 4A(1)(b) of the 1989 Act or an order terminating parental responsibility under sections 4(2A), 4ZA(5) or 4A(3) of that Act;an order appointing a child's guardian under section 5(1) of the 1989 Act or an order terminating the appointment under section 6(7) of that Act;an order giving permission to change a child's surname or remove a child from the United Kingdom under sections 13(1) or 14C(3) of the 1989 Act;a special guardianship order except where that order relates to a child who is subject of a care order;an order varying or discharging such an order under section 14D of the 1989 Act ;an enforcement order;a financial compensation order;an order under paragraph 9 of Schedule A1 to the 1989 Act following a breach of an enforcement order;an order under Part 2 of Schedule A1 to the 1989 Act revoking or amending an enforcement order; oran order that a warning notice be attached to a child arrangements order;

“public law proceedings” means Part 4 proceedings and proceedings for— a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority; a special guardianship order relating to a child who is the subject of a care order;a secure accommodation order under section 25 of the 1989 Act ;...a child assessment order, or the variation or discharge of such an order under section 43(12) of the 1989 Act;an order permitting the local authority to arrange for any child in its care to live outside England and Wales under paragraph 19(1) of Schedule 2 to the 1989 Act;a contribution order, or revocation of such an order under paragraph 23(8) of Schedule 2 to the 1989 Act;an appeal under paragraph 8(1) of Schedule 8 to the 1989 Act;

“special guardianship order” has the meaning assigned to it by section 14A(1) of the 1989 Act ;

“supervision order” has the meaning assigned to it by section 31(11) of the 1989 Act;

“supervision proceedings” means proceedings for a supervision order under section 31(1)(b) of the 1989 Act;

“warning notice” means a notice attached to an order pursuant to section 8(2) of the Children and Adoption Act 2006.

(The 1980 Hague Convention, the 1996 Hague Convention, the Council Regulation, and the European Convention are defined in rule 2.3.)

CHAPTER 2 — GENERAL RULES

Who the parties are

12

(1) In relation to the proceedings set out in column 1 of the following table, column 2 sets out who may make the application and column 3 sets out who the respondents to those proceedings will be.

Proceedings for	Applicants	Respondents
A parental responsibility order (section 4(1)(c), 4ZA(1)(c), or section 4A(1)(b) of the 1989 Act).	The child's father;the step parent; orthe child's parent (being a woman who is a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and who is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies) (sections 4(1)(c), 4ZA(1)(c) and 4A(1)(b) of the 1989 Act).	Every person whom the applicant believes to have parental responsibility for the child;where the child is the subject of a care order, every person whom the applicant believes to have had parental responsibility immediately prior to the making of the care order;in the case of an application to extend, vary or discharge an order, the parties to the proceedings leading to the order which it is sought to have extended, varied or discharged;in the case of specified proceedings, the child.
An order terminating a parental responsibility order or agreement (section 4(2A), 4ZA(5) or section 4A(3) of the 1989 Act .	Any person who has parental responsibility for the child; orwith the court's permission , the child (section 4(3), 4ZA(6) and section 4A(3) of the 1989 Act).	As above.
An order appointing a guardian (section 5(1) of the 1989 Act ).	An individual who wishes to be appointed as guardian (section 5(1) of the 1989 Act).	As above.
An order terminating the appointment of a guardian (section 6(7) of the 1989 Act).	Any person who has parental responsibility for the child; orwith the court's permission, the child (section 6(7) of the 1989 Act).	As above.
A section 8 order.	Any person who is entitled to apply for a section 8 order with respect to the child (section 10(4) to (7) of the 1989 Act ); orwith the court's permission, any person (section10(2)(b) of the 1989 Act).	As above.
An enforcement order (section 11J of the 1989 Act ).	A person who is, for the purposes of the child arrangements order, a person with whom the child concerned lives or is to live;any person whose contact with the child concerned is provided for in the child arrangements order;any individual subject to a condition under section 11(7)(b) of the 1989 Act or an activity condition imposed by a child arrangements order; orwith the court's permission, the child (section 11J(5) of the 1989 Act).	The person the applicant alleges has failed to comply with the child arrangements order.
A financial compensation order (section 11O of the 1989 Act).	Any person who is, for the purposes of the child arrangements order, a person with whom the child concerned lives or is to live;any person whose contact with the child concerned is provided for in the child arrangements order;any individual subject to a condition under section 11(7)(b) of the 1989 Act or an activity condition imposed by a child arrangements order; orwith the court's permission, the child (section 11O(6) of the 1989 Act).	The person the applicant alleges has failed to comply with the child arrangements order.
An order permitting the child's name to be changed or the removal of the child from the United Kingdom (section 13(1), 14C(3) or 33(7) of the 1989 Act).	Any person (section 13(1), 14C(3), 33(7) of the 1989 Act).	As for a parental responsibility order.
A special guardianship order (section 14A of the 1989 Act).	Any guardian of the child;any individual who is named in a child arrangements order as a person with whom the child is to live; any individual listed in subsection (5)(b) or (c) of section 10 (as read with subsection (10) of that section) of the 1989 Act;a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application; orany person with the court's permission (section 14A(3) of the 1989 Act) (more than one such individual can apply jointly (section 14A(3) and (5) of that Act)).	As above, andif a care order is in force with respect to the child, the child.
Variation or discharge of a special guardianship order (section 14D of the 1989 Act ).	The special guardian (or any of them, if there is more than one);any individual who is named in a child arrangements order as a person with whom the child is to live; the local authority designated in a care order with respect to the child;any individual within section 14D(1)(d) of the 1989 Act who has parental responsibility for the child;the child, any parent or guardian of the child and any step-parent of the child who has acquired, and has not lost, parental responsibility by virtue of section 4A of that Act with the court's permission; orany individual within section 14D(1)(d) of that Act who immediately before the making of the special guardianship order had, but no longer has, parental responsibility for the child with the court's permission.	As above.
A secure accommodation order (section 25 section of the 1989 Act).	The local authority which is looking after the child; orthe Health Authority, Secretary of State, NHS England, integrated care board, National Health Service Trust established under section 25 of the National Health Service Act 2006 or section 18(1) of the National Health Service (Wales) Act 2006 , National Health Service Foundation Trust or any local authority providing or arranging accommodation for the child (unless the child is looked after by a local authority).	As above.
A care or supervision order (section 31 of the 1989 Act).	Any local authority;the National Society for the Prevention of Cruelty to Children and any of its officers (section 31(1) of the 1989 Act);orany authorised person.	As above.
An order varying directions made with an interim care or interim supervision order (section 38(8)(b) of the 1989 Act).	The parties to proceedings in which directions are given under section 38(6) of the 1989 Act; orany person named in such a direction.	As above.
An order discharging a care order (section 39(1) of the 1989 Act).	Any person who has parental responsibility for the child;the child; orthe local authority designated by the order (section 39(1) of the 1989 Act).	As above.
An order varying or discharging an interim care order in so far as it imposes an exclusion requirement (section 39(3A) of the 1989 Act).	A person to whom the exclusion requirement in the interim care order applies who is not entitled to apply for the order to be discharged (section 39(3A) of the 1989 Act).	As above.
An order varying or discharging an interim care order in so far as it confers a power of arrest attached to an exclusion requirement (section 39(3B) of the 1989 Act).	Any person entitled to apply for the discharge of the interim care order in so far as it imposes the exclusion requirement (section 39(3B) of the 1989 Act).	As above.
An order substituting a supervision order for a care order (section 39(4) of the 1989 Act).	Any person entitled to apply for a care order to be discharged under section 39(1) (section 39(4) of the 1989 Act).	As above.
A child assessment order (section 43(1) of the 1989 Act).	Any local authority;the National Society for the Prevention of Cruelty to Children and any of its officers; orany person authorised by order of the Secretary of State to bring the proceedings and any officer of a body who is so authorised (section 43(1) and (13) of the 1989 Act).	As above.
An order varying or discharging a child assessment order (section 43(12) of the 1989 Act).	The applicant for an order that has been made under section 43(1) of the 1989 Act; orthe persons referred to in section 43(11) of the 1989 Act (section 43(12) of that Act).	As above.
An emergency protection order (section 44(1) of the 1989 Act).	Any person (section 44(1) of the 1989 Act).	As for a parental responsibility order.
An order extending the period during which an emergency protection order is to have effect (section 45(4) of the 1989 Act).	Any person who—has parental responsibility for a child as the result of an emergency protection order; andis entitled to apply for a care order with respect to the child (section 45(4) of the 1989 Act).	As above.
An order discharging an emergency protection order (section 45(8) of the 1989 Act).	The child;a parent of the child;any person who is not a parent of the child but who has parental responsibility for the child; orany person with whom the child was living before the making of the emergency protection order (section 45(8) of the 1989 Act).	As above.
An order varying or discharging an emergency protection order in so far as it imposes the exclusion requirement (section 45(8A) of the 1989 Act).	A person to whom the exclusion requirement in the emergency protection order applies who is not entitled to apply for the emergency protection order to be discharged (section 45(8A) of the 1989 Act).	As above.
An order varying or discharging an emergency protection order in so far as it confers a power of arrest attached to an exclusion requirement (section 45(8B) of the 1989 Act).	Any person entitled to apply for the discharge of the emergency protection order in so far as it imposes the exclusion requirement (section 45(8B) of the 1989 Act).	As above.
An emergency protection order by the police (section 46(7) of the 1989 Act).	The officer designated for the purposes of section 46(3)(e) of the 1989 Act (section 46(7) of the 1989 Act).	As above.
A warrant authorising a constable to assist in exercise of certain powers to search for children and inspect premises (section 48 of the 1989 Act).	Any person attempting to exercise powers under an emergency protection order who has been or is likely to be prevented from doing so by being refused entry to the premises concerned or refused access to the child concerned (section 48(9) of the 1989 Act).	As above.
A warrant authorising a constable to assist in exercise of certain powers to search for children and inspect premises (section 102 of the 1989 Act).	Any person attempting to exercise powers under the enactments mentioned in section 102(6) of the 1989 Act who has been or is likely to be prevented from doing so by being refused entry to the premises concerned or refused access to the child concerned (section 102(1) of that Act).	As above.
An order revoking an enforcement order (paragraph 4 of Schedule A1 to the 1989 Act).	The person subject to the enforcement order.	The person who was the applicant for the enforcement order; and,where the child was a party to the proceedings in which the enforcement order was made, the child.
An order amending an enforcement order (paragraphs 5 to 7 of Schedule A1 to the 1989 Act).	The person subject to the enforcement order.	The person who was the applicant for the enforcement order.(Rule 12.33 makes provision about applications under paragraph 5 of Schedule A1 to the 1989 Act.)
An order following breach of an enforcement order (paragraph 9 of Schedule A1 to the 1989 Act).	Any person who is, for the purposes of the child arrangements order, the person with whom the child lives or is to live;any person whose contact with the child concerned is provided for in the child arrangements order;any individual subject to a condition under section 11(7)(b) of the 1989 Act or an activity condition imposed by a child arrangements order;; orwith the court's permission, the child (paragraph 9 of Schedule A1 to the 1989 Act).	The person the applicant alleges has failed to comply with the unpaid work requirement imposed by an enforcement order; andwhere the child was a party to the proceedings in which the enforcement order was made, the child.
An order permitting the local authority to arrange for any child in its care to live outside England and Wales (Schedule 2, paragraph 19(1), to the 1989 Act).	The local authority (Schedule 2, paragraph 19(1), to the 1989 Act).	As for a parental responsibility order.
A contribution order (Schedule 2, paragraph 23(1), to the 1989 Act).	The local authority (Schedule 2, paragraph 23(1), to the 1989 Act).	As above and the contributor.
An order revoking a contribution order (Schedule 2, paragraph 23(8), to the 1989 Act).	The contributor; orthe local authority.	As above.
An order relating to contact with the child in care and any named person (section 34(2) of the 1989 Act) or permitting the local authority to refuse contact (section 34(4) of that Act).	The local authority; orthe child (section 34(2) or 34(4) of the 1989 Act).	As above; andthe person whose contact with the child is the subject of the application.
An order relating to contact with the child in care (section 34(3) of the 1989 Act).	The child's parents;any guardian or special guardian of the child;any person who by virtue of section 4A of the 1989 Act has parental responsibility for the child; where there was a child arrangements order in force with respect to the child immediately before the care order was made, any person named in that order as a person with whom the child was to live; a person who by virtue of an order made in the exercise of the High Court's inherent jurisdiction with respect to children had care of the child immediately before the care order was made (section 34(3)(a) of the 1989 Act); orwith the court's permission, any person (section 34(3) (b) of that Act).	As above; andthe person whose contact with the child is the subject of the application.
An order varying or discharging an order for contact with a child in care under section 34 (section 34((9) of the 1989 Act).	The local authority;the child; orany person named in the order (section 34(9) of the 1989 Act).	As above; andthe person whose contact with the child is the subject of the application.
An education supervision order (section 36 of the 1989 Act).	Any local authority (section 36(1) of the 1989 Act).	As above; andthe child.
An order varying or discharging a supervision order (section 39(2) of the 1989 Act).	Any person who has parental responsibility for the child;the child; orthe supervisor (section 39(2) of the 1989 Act).	As above; andthe supervisor.
An order varying a supervision order in so far as it affects the person with whom the child is living (section 39(3) of the 1989 Act).	The person with whom the child is living who is not entitled to apply for the order to be discharged (section 39(3) of the 1989 Act).	As above; andthe supervisor.
An order varying a direction under section 44(6) of the 1989 Act in an emergency protection order (section 44(9)(b) of that Act).	The parties to the application for the emergency protection order in respect of which it is sought to vary the directions;the children's guardian;the local authority in whose area the child is ordinarily resident; orany person who is named in the directions.	As above, andthe parties to the application for the order in respect of which it is sought to vary the directions;any person who was caring for the child prior to the making of the order; andany person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact and who is affected by the direction which it is sought to have varied.
A recovery order (section 50 of the 1989 Act).	Any person who has parental responsibility for the child by virtue of a care order or an emergency protection order; orwhere the child is in police protection the officer designated for the purposes of section 46(3)(e) of the 1989 Act (section 50(4) of the 1989 Act).	As above; andthe person whom the applicant alleges to have effected or to have been or to be responsible for the taking or keeping of the child.
An order discharging an education supervision order (Schedule 3, paragraph 17(1), to the 1989 Act).	The child concerned;a parent of the child; orthe local authority concerned (Schedule 3, paragraph 17(1), to the 1989 Act).	As above; andthe local authority concerned; andthe child.
An order extending an education supervision order (Schedule 3, paragraph, 15(2), to the 1989 Act).	The local authority in whose favour the education supervision order was made (Schedule 3, paragraph 15(2), to the 1989 Act).	As above; andthe child.
An appeal under paragraph (8) of Schedule 8 to the 1989 Act.	A person aggrieved by the matterslisted in paragraph 8(1) of Schedule8 to the 1989 Act.	The appropriate local authority.
An order for the disclosure of information as to the whereabouts of a child under section 33 of the 1986 Act.	Any person with a legitimate interest in proceedings for an order under Part 1 of the 1986 Act; ora person who has registered an order made elsewhere in the United Kingdom or a specified dependent territory.	Any person alleged to have information as to the whereabouts of the child.
An order authorising the taking charge of and delivery of a child under section 34 of the 1986 Act.	The person to whom the child is to be given up under section 34(1) of the 1986 Act.	As above; andthe person who is required to give up the child in accordance with section 34(1) of the 1986 Act.
An order relating to the exercise of the court's inherent jurisdiction (including wardship proceedings).	A local authority (with the court's permission);any person with a genuine interest in or relation to the child; orthe child (wardship proceedings only).	The parent or guardian of the child;any other person who has an interest in or relationship to the child; andthe child (wardship proceedings only and with the court's permission as described at rule 12.37).
A warrant under section 79 of the 2006 Act authorising any constable to assist His Majesty’s Chief Inspector for Education, Children's Services and Skills in the exercise of powers conferred on him by section 77 of the 2006 Act.	His Majesty’s Chief Inspector for Education, Children's Services and Skills.	Any person preventing or likely to prevent His Majesty’s Chief Inspector for Education, Children's Services and Skills from exercising powers conferred on him by section 77 of the 2006 Act.
An order in respect of a child under the 1980 Hague Convention.	Any person, institution or body who claims that a child has been removed or retained in breach of rights of custody or claims that there has been a breach of rights of access in relation to the child.	The person alleged to have brought the child into the United Kingdom;the person with whom the child is alleged to be;any parent or guardian of the child who is within the United Kingdom and is not otherwise a party;any person in whose favour a decision relating to custody has been made if that person is not otherwise a party; andany other person who appears to the court to have sufficient interest in the welfare of the child.
An order concerning the recognition and enforcement of decisions relating to custody under the European Convention.	Any person who has a court order giving that person rights of custody in relation to the child.	As above.
An application for the High Court to request transfer of jurisdiction under ... Article 9 of the 1996 Hague Convention (rule 12.65).	Any person with sufficient interest in the welfare of the child and who would be entitled to make a proposed application in relation to that child, or who intends to seek the permission of the court to make such application if the transfer is agreed.	As directed by the court in accordance with rule 12.65.
An application under rule 12.71 for a declaration as to the existence, or extent, of parental responsibility under Article 16 of the 1996 Convention.	Any interested person including a person who holds, or claims to hold, parental responsibility for the child under the law of another State which subsists in accordance with Article 16 of the 1996 Hague Convention following the child becoming habitually resident in a territorial unit of the United Kingdom.	Every person whom the applicant believes to have parental responsibility for the child;any person whom the applicant believes to hold parental responsibility for the child under the law of another State which subsists in accordance with Article 16 of the 1996 Hague Convention following the child becoming habitually resident in a territorial unit of the United Kingdom; andwhere the child is the subject of a care order, every person whom the applicant believes to have had parental responsibility immediately prior to the making of the care order.
A warning notice.	The person who is, for the purposes of the child arrangements order, the person with whom the child concerned lives or is to live;the person whose contact with the child concerned is provided for in the child arrangements order;any individual subject to a condition under section 11(7)(b) of the 1989 Act or an activity condition imposed by the child arrangements order; orwith the court's permission, the child.	Any person who was a party to the proceedings in which the child arrangements order was made.(Rule 12.33 makes provision about applications for warning notices).

(2) The court will direct that a person with parental responsibility be made a party to proceedings where that person requests to be one.

(3) Subject to rule 16.2, the court may at any time direct that—

(a) any person or body be made a party to proceedings; or

(b) a party be removed.

(4) If the court makes a direction for the addition or removal of a party under this rule, it may give consequential directions about—

(a) the service of a copy of the application form or other relevant documents on the new party;

(b) the management of the proceedings.

(5) In this rule—

“a local authority foster parent” has the meaning assigned to it by section 23(3) of the 1989 Act; and

“care home”, “independent hospital”, “local authority” and “integrated care board” have the meanings assigned to them by section 105 of the 1989 Act.

Notice of proceedings to person with foreign parental responsibility

12

(1) This rule applies where a child is subject to proceedings to which this Part applies and —

(a) a person holds or is believed to hold parental responsibility for the child under the law of another State which subsists in accordance with Article 16 of the 1996 Hague Convention following the child becoming habitually resident in a territorial unit of the United Kingdom; and

(b) that person is not otherwise required to be joined as a respondent under rule 12.3.

(2) Subject to paragraph (2A), the applicant shall give notice of the proceedings to any person to whom the applicant believes paragraph (1) applies in any case in which a person whom the applicant believed to have parental responsibility under the 1989 Act would be a respondent to those proceedings in accordance with rule 12.3.

(2A) Notice shall not be given to a person to whom the applicant believes paragraph (1) applies if the court directs that such notice is not necessary.

(3) Unless a direction has been made under paragraph (2A), the applicant and every respondent to the proceedings shall provide such details as they possess as to the identity and whereabouts of any person they believe to hold parental responsibility for the child in accordance with paragraph (1) to the court officer, upon making, or responding to the application as appropriate.

(4) Where the existence of a person who is believed to have parental responsibility for the child in accordance with paragraph (1) only becomes apparent to a party at a later date during the proceedings, that party must notify the court officer of those details at the earliest opportunity.

(5) Where a person to whom paragraph (1) applies receives notice of proceedings, that person may apply to the court to be joined as a party using the Part 18 procedure.

What the court will do when the application has been issued

12

(1) When ... proceedings other than public law proceedings have been issued the court will consider—

(a) setting a date for—

(i) a directions appointment;

(ii) in private law proceedings, a First Hearing Dispute Resolution Appointment; or

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) the hearing of the application ...,

and if the court sets a date it will do so in accordance with rule 12.13 and Practice Direction 12B;

(b) giving any of the directions listed in rule 12.12 or, where Chapter 6, section 1 applies, rule 12.48; and

(Practice Direction 12A sets out details relating to the Case Management Hearing. Practice Direction 12B supplementing this Part sets out details relating to the First Hearing Dispute Resolution Appointment.)

(2) When Part 4 proceedings and in so far as practicable other public law proceedings have been issued the court will—

(a) set a date for the Case Management Hearing in accordance with Practice Direction 12A;

(b) set a date for the hearing of an application for an interim order if necessary;

(d) do anything else which is set out in Practice Direction 12A.

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The Family Procedure Rules 2010

Where proceedings may be heard

9

Applications for consent orders for financial remedy

9

CHAPTER 7 — ESTIMATES OF COSTS

Estimates of Costs

9

Duty to make open proposals

9

CHAPTER 8 — PENSIONS

Application and interpretation of this Chapter

9

What the party with pension rights must do when the court fixes a first appointment

9

Applications for pension sharing orders

9

Applications for consent orders for pension sharing

9

Applications for pension attachment orders

9

Applications for consent orders for pension attachment

9

Pension sharing orders or pension attachment orders

9

Duty of the court upon making a pension sharing order or a pension attachment order

9

Procedure where Pension Protection Fund becomes involved with the pension scheme

9

CHAPTER 9 — PENSION PROTECTION FUND COMPENSATION

Application and interpretation of this Chapter

9

What the party with compensation rights must do when the court fixes a first appointment

9

Applications for pension compensation sharing orders

9

Applications for consent orders for pension compensation sharing

9

Applications for pension compensation attachment orders

9

Applications for consent orders for pension compensation attachment

9

Pension compensation sharing orders or pension compensation attachment orders

9

Duty of the court upon making a pension compensation sharing order or a pension compensation attachment order

9

PART 10 — APPLICATIONS UNDER PART 4 OF THE FAMILY LAW ACT 1996

Scope and interpretation of this Part

10

Applications for an occupation order or a non-molestation order

10

Service of the application

10

Transfer of pending proceedings to another court

10

Privacy

10

Service of an order

10

Representations made by a mortgagee or landlord

10

Applications to vary, extend or discharge an order

10

Orders containing provisions to which a power of arrest is attached

10

Service of an order on the officer for the time being in charge of a police station

10

Proceedings following arrest in a county court or the High Court

10

Enforcement of an order in a county court

10

Enforcement of an undertaking in a county court

10

Power to adjourn the hearing for consideration of the penalty

10

Hospital orders or guardianship orders under the Mental Health Act 1983

10

Transfer directions under section 48 of the Mental Health Act 1983

10

Recognizances