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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

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(2) Where this rule applies, the party or the party's solicitor (where one is acting) must—

(a) serve notice of the change on—

(i) every other party; and

(ii) where paragraph (1)(a) or (c) applies, the former solicitor; and

(b) file notice of the change.

(3) Except where a serial number has been assigned under rule 14.2 or the name or address of a party is not being revealed in accordance with rule 29.1, the notice must state the party's new address for service.

(4) The notice filed at court must state that notice has been served as required by paragraph (2)(a) or, where rule 2.4 applies, in accordance with the court's directions given under that rule.

(5) Subject to paragraph (6), where a party has changed solicitor or intends to act in person, the former solicitor will be considered to be the party's solicitor unless and until—

(a) notice is filed and served in accordance with paragraph (2)(a) or, where rule 2.4 applies, in accordance with the court's directions given under that rule; or

(b) the court makes an order under rule 26.3 and the order is served as required by paragraph (3) of that rule.

(6) Where the certificate of a legally aided person (in this rule “C”) is revoked or withdrawn–

(a) the solicitor who acted for C will cease to be the solicitor acting in the case as soon as the retainer is determined under regulation 24 or 41 of the Civil Legal Aid (Procedure) Regulations 2012; and

(b) if C wishes to continue—

(i) where C appoints a solicitor to act on C's behalf, paragraph (2) will apply as if C had previously conducted the application in person; and

(ii) where C wants to act in person, C must give an address for service, in accordance with rule 6.26, unless the court directs otherwise.

(7) In this rule—

“certificate” means a certificate issued under the Civil Legal Aid (Procedure) Regulations 2012; and

“legally aided person” means a person to whom civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) have been made available under arrangements made for the purposes of that Part of that Act).

Order that a solicitor has ceased to act

26

(1) A solicitor may apply for an order declaring that that solicitor has ceased to be the solicitor acting for—

(a) a party; or

(b) a children's guardian.

(2) Where an application is made under this rule—

(a) notice of the application must be given to the party,or children's guardian,for whom the solicitor is acting, unless the court directs otherwise; and

(b) the application must be supported by evidence.

(3) Where the court makes an order declaring that a solicitor has ceased to act, a court officer will serve a copy of the order on—

(a) every party to the proceedings; and

(b) where applicable, a children's guardian.

Removal of solicitor who has ceased to act on application of another party

26

(1) Where—

(a) a solicitor who has acted for a party—

(i) has died;

(ii) has become bankrupt;

(iii) has ceased to practise; or

(iv) cannot be found; and

(b) the party has not given notice of a change of solicitor or notice of intention to act in person as required by rule26.2(2),

any other party may apply for an order declaring that the solicitor has ceased to be the solicitor acting for the other party in the case.

(2) Where an application is made under this rule, notice of the application must be given to the party to whose solicitor the application relates unless the court directs otherwise.

(3) Where the court makes an order made under this rule, a court officer will serve a copy of the order on every other party to the proceedings.

PART 27 — HEARINGS AND DIRECTIONS APPOINTMENTS

Application of this Part

27

This Part is subject to any enactment, any provision in these rules or a practice direction. (Rule 27.4(7) makes additional provision in relation to requirements to stay proceedings where the respondent does not appear and a relevant European regulation or international convention applies)

Reasons for a decision of the magistrates' courts

27

(1) This rule applies to proceedings in the family court before a lay justice or justices.

(2) After a hearing, the court will make its decision as soon as is practicable.

(3) The court must give written reasons for its decision.

(4) Paragraphs (5) and (6) apply where the functions of the court are being performed by—

(a) two or three lay justices; or

(b) by a single lay justice in accordance with these rules and Practice Direction 2A.

(5) The justices’ legal adviser must, before the court makes an order or refuses an application or request, make notes of—

(a) the names of the lay justice or justices constituting the court by which the decision is made; and

(b) in consultation with the lay justice or justices, the reasons for the court's decision.

(6) The justices’ legal adviser must make a written record of the reasons for the court's decision.

(7) When making an order or refusing an application, the court, or one of the lay justices constituting the court by which the decision is made, will announce its decision and—

(a) the reasons for that decision; or

(b) a short explanation of that decision.

(8) Subject to any other rule or practice direction, the court officer will supply a copy of the order and the reasons for the court's decision to the persons referred to in paragraph (9)—

(a) by close of business on the day when the court announces its decision; or

(b) where that time is not practicable and the proceedings are on notice, no later than 72 hours from the time when the court announced its decision.

(9) The persons referred to in paragraph (8) are—

(a) the parties (unless the court directs otherwise);

(b) any person who has actual care of a child who is the subject of proceedings, or who had such care immediately prior to the making of the order;

(c) in the case of an emergency protection order and a recovery order, the local authority in whose area the child lives or is found;

(d) in proceedings to which Part 14 applies—

(i) an adoption agency or local authority which has prepared a report on the suitability of the applicant to adopt a child;

(ii) a local authority which has prepared a report on the placement of the child for adoption;

(e) any other person who has requested a copy if the court is satisfied that it is required in connection with an appeal or possible appeal.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attendance at hearing or directions appointment

27

Unless the court directs otherwise, a party shall attend a hearing or directions appointment of which that party has been given notice.

Proceedings in the absence of a party

27

(1) Proceedings or any part of them shall take place in the absence of any party, including a party who is a child, if—

(a) the court considers it in the interests of the party, having regard to the matters to be discussed or the evidence likely to be given; and

(b) the party is represented by a children's guardian or solicitor,

and when considering the interests of a child under sub-paragraph (a) the court shall give the children's guardian, the solicitor for the child and, if of sufficient understanding and the court thinks it appropriate, the child, an opportunity to make representations.

(2) Subject to paragraph (3), where at the time and place appointed for a hearing or directions appointment the applicant appears but one or more of the respondents do not, the court may proceed with the hearing or appointment.

(3) The court shall not begin to hear an application in the absence of a respondent unless—

(a) it is proved to the satisfaction of the court that the respondent received reasonable notice of the date of the hearing; or

(b) the court is satisfied that the circumstances of the case justify proceeding with the hearing.

(4) Where, at the time and place appointed for a hearing or directions appointment, one or more of the respondents appear but the applicant does not, the court may refuse the application or, if sufficient evidence has previously been received, proceed in the absence of the applicant.

(5) Where, at the time and place appointed for a hearing or directions appointment, neither the applicant nor any respondent appears, the court may refuse the application.

(6) Paragraphs (2) to (5) do not apply to a hearing to which paragraphs (5) to (8) of rule 12.14 do not apply by virtue of paragraph (9) of that rule.

(7) Nothing in this rule affects any provision of an international convention by which the United Kingdom is bound which requires a court to stay proceedings where a respondent in another State has not been adequately served with proceedings in accordance with the requirements of that ... convention.

Application to set aside judgment or order following failure to attend

27

(1) Where a party does not attend a hearing or directions appointment and the court gives judgment or makes an order against him, the party who failed to attend may apply for the judgment or order to be set aside(GL).

(2) An application under paragraph (1) must be supported by evidence.

(3) Where an application is made under paragraph (1), the court may grant the application only if the applicant—

(a) acted promptly on finding out that the court had exercised its power to enter judgment or make an order against the applicant;

(b) had a good reason for not attending the hearing or directions appointment; and

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

Court bundles and place of filing of documents and bundles

27

(1) The provisions of Practice Direction 27A must be followed for the preparation of court bundles and for other related matters in respect of hearings and directions appointments.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(...)

Representation of companies or other corporations

27

A company or other corporation may be represented at a hearing or directions appointment by an employee if—

(a) the employee has been authorised by the company or corporation to appear at the hearing or directions appointment on its behalf; and

(b) the court gives permission.

Impounded documents

27

(1) Documents impounded by order of the court must not be released from the custody of the court except in compliance with—

(a) a court order; or

(b) a written request made by a Law Officer or the Director of Public Prosecutions.

(2) A document released from the custody of the court under paragraph (1)(b) must be released into the custody of the person who requested it.

(3) Documents impounded by order of the court, while in the custody of the court, may not be inspected except by a person authorised to do so by a court order.

Official shorthand note etc of proceedings

27

(1) At any hearing, the proceedings will be tape recorded or digitally recorded unless the court directs otherwise.

(2) No party or member of the public may use unofficial recording equipment in any court without the permission of the court. (To do so without permission constitutes a contempt of court under section 9 of the Contempt of Court Act 1981.)

(3) Unless the court directs otherwise, a person to whom paragraph (4) applies may require a transcript of the recording of any hearing in proceedings to be supplied to them, upon payment of the charges authorised by any scheme in force for the making of the recording or the transcript.

(4) This paragraph applies to—

(a) a party to the proceedings;

(b) the King’s Proctor; and

(5) A person to whom paragraph (4) does not apply may be provided with a transcript of the recording of any hearing—

(a) with the permission of the court; and

(b) upon payment of the charges authorised by any scheme in force for the making of the recording or the transcript.

(6) At any hearing, the court may give appropriate directions to assist a party, in particular one who is or has been or may become unrepresented, for the compilation and sharing of a note or other informal record of the proceedings made by another party.

Hearings in private

27

(1) Proceedings to which these rules apply will be held in private, except—

(a) where these rules or any other enactment provide otherwise;

(b) subject to any enactment, where the court directs otherwise.

(2) For the purposes of these rules, a reference to proceedings held “in private” means proceedings at which the general public have no right to be present.

Attendance at private hearings

27

(1) This rule applies when proceedings are held in private, except in relation to —

(a) hearings conducted for the purpose of judicially assisted conciliation or negotiation;

(b) proceedings to which the following provisions apply—

(i) Part 13 (proceedings under section 54 or section 54A of the Human Fertilisation and Embryology Act 2008);

(ii) Part 14 (procedure for applications in adoption, placement and related proceedings); and

(iii) any proceedings identified in a practice direction as being excepted from this rule.

(2) When this rule applies, no person shall be present during any hearing other than—

(a) an officer of the court;

(b) a party to the proceedings;

(d) an officer of the service or Welsh family proceedings officer;

(e) a witness;

(f) duly accredited representatives of news gathering and reporting organisations; ...

(ff) a duly authorised lawyer attending for journalistic, research or public legal educational purposes; and

(g) any other person whom the court permits , or who is required by any practice direction, to be present.

(Practice Direction 27C makes provision for the attendance at hearings of Independent Domestic Violence Advisers and Independent Sexual Violence Advisers.)

(3) At any stage of the proceedings the court may direct that persons within paragraph (2)(f) and (ff) shall not attend the proceedings or any part of them, where satisfied that—

(a) this is necessary—

(i) in the interests of any child concerned in, or connected with, the proceedings;

(ii) for the safety or protection of a party, a witness in the proceedings, or a person connected with such a party or witness; or

(iii) for the orderly conduct of the proceedings; or

(b) justice will otherwise be impeded or prejudiced.

(4) The court may exercise the power in paragraph (3) of its own initiative or pursuant to representations made by any of the persons listed in paragraph (5), and in either case having given to any person within paragraph (2)(f) or (ff) who is in attendance an opportunity to make representations.

(5) At any stage of the proceedings, the following persons may make representations to the court regarding restricting the attendance of persons within paragraph (2)(f) and (ff) in accordance with paragraph (3)—

(a) a party to the proceedings;

(b) any witness in the proceedings;

(d) where appointed, an officer of the service or Welsh family proceedings officer, on behalf of the child the subject of the proceedings;

(e) the child, if of sufficient age and understanding.

(6) This rule does not affect any power of the court to direct that witnesses shall be excluded until they are called for examination.

(7) In this rule—

“duly accredited” refers to accreditation in accordance with any administrative scheme for the time being approved for the purposes of this rule by the Lord Chancellor; and

“duly authorised lawyer” means a person who meets the criteria specified in Practice Direction 27B.

PART 28 — COSTS

Costs

28

The court may at any time make such order as to costs as it thinks just.

Application of other rules

28

(1) Subject to rule 28.3 ..., Parts 44 (except rules 44.2(2) and (3) and 44.10(2) and (3)), 46 and 47 and rule 45.8 of the CPR apply to costs in proceedings, with the following modifications—

(a) in the definition of “authorised court officer” in rule 44.1(1), for the words in sub-paragraph (i) substitute “the family court”;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) any other necessary modifications.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Costs in financial remedy proceedings

28

(1) This rule applies in relation to financial remedy proceedings.

(2) Rule 44.2(1), (4) and (5) of the CPR do not apply to financial remedy proceedings.

(3) Rules 44.2(6) to (8) and 44.12 of the CPR apply to an order made under this rule as they apply to an order made under rule 44.3 of the CPR.

(4) In this rule –

(a) “costs” has the same meaning as in rule 44.1(1)(c) of the CPR; and

(b) “financial remedy proceedings” means proceedings for—

(i) a financial order except an order for maintenance pending suit, an order for maintenance pending outcome of proceedings, an interim periodical payments order , an order for payment in respect of legal services or any other form of interim order for the purposes of rule 9.7(1)(a), (b), (c) and (e);

(ii) an order under Part 3 of the 1984 Act;

(iii) an order under Schedule 7 to the 2004 Act;

(iv) an order under section 10(2) of the 1973 Act ;

(v) an order under section 48(2) of the 2004 Act.

(5) Subject to paragraph (6), the general rule in financial remedy proceedings is that the court will not make an order requiring one party to pay the costs of another party.

(6) The court may make an order requiring one party to pay the costs of another party at any stage of the proceedings where it considers it appropriate to do so because of the conduct of a party in relation to the proceedings (whether before or during them).

(7) In deciding what order (if any) to make under paragraph (6), the court must have regard to—

(a) any failure by a party to comply with these rules, any order of the court or any practice direction which the court considers relevant;

(aa) any failure by a party, without good reason, to—

(i) attend a MIAM (as defined in rule 3.1); or

(ii) attend non-court dispute resolution;

(b) any open offer to settle made by a party;

(d) the manner in which a party has pursued or responded to the application or a particular allegation or issue;

(e) any other aspect of a party's conduct in relation to proceedings which the court considers relevant; and

(f) the financial effect on the parties of any costs order.

(8) No offer to settle which is not an open offer to settle is admissible at any stage of the proceedings, except as provided by rule 9.17.

(9) For the purposes of this rule “financial remedy proceedings” do not include an application under rule 9.9A.

Wasted costs orders in the magistrates' court: appeals

28

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

PART 29 — MISCELLANEOUS

Personal details

29

(1) Unless the court directs otherwise, a party is not required to reveal—

(a) the party's home address or other contact details;

(b) the address or other contact details of any child;

(d) in relation to an application under section 28(2) of the 2002 Act (application for permission to change the child's surname), the proposed new surname of the child.

(2) Where a party does not wish to reveal any of the particulars in paragraph (1), that party must give notice of those particulars to the court and the particulars will not be revealed to any person unless the court directs otherwise.

(3) Where a party changes home address during the course of proceedings, that party must give notice of the change to the court.

Disclosure of information under the 1991 Act

29

Where the Secretary of State requires a person mentioned in regulation 3(1), 4(2) or 6(2)(a) of the Child Support Information Regulations 2008 to furnish information or evidence for a purpose mentioned in regulation 4(1) of those Regulations, nothing in these rules will—

(a) prevent that person from furnishing the information or evidence sought; or

(b) require that person to seek permission of the court before doing so.

Method of giving notice

29

(1) Unless directed otherwise, a notice which is required by these rules to be given to a person must be given—

(a) in writing; and

(b) in a manner in which service may be effected in accordance with Part 6.

(2) Rule 6.33 applies to a notice which is required by these rules to be given to a child as it applies to a document which is to be served on a child.

Withdrawal of applications in proceedings

29

(1) This rule applies to applications in proceedings—

(a) under Part 7;

(b) under Parts 10 to 14 or under any other Part where the application relates to the welfare or upbringing of a child or;

(2) Where this rule applies, an application may only be withdrawn with the permission of the court.

(3) Subject to paragraph (4), a person seeking permission to withdraw an application must file a written request for permission setting out the reasons for the request.

(4) The request under paragraph (3) may be made orally to the court if the parties are present.

(5) A court officer will notify the other parties of a written request.

(6) The court may deal with a written request under paragraph (3) without a hearing if the other parties, and any other persons directed by the court, have had an opportunity to make written representations to the court about the request.

The Human Rights Act 1998

29

(1) In this rule—

“the 1998 Act” means the Human Rights Act 1998;

“Convention right” has the same meaning as in the 1998 Act; and

“declaration of incompatibility” means a declaration of incompatibility under section 4 of the 1998 Act .

(2) A party who seeks to rely on any provision of or right arising under the 1998 Act or seeks a remedy available under that Act must inform the court in that party's application or otherwise in writing specifying—

(a) the Convention right which it is alleged has been infringed and details of the alleged infringement; and

(b) the relief sought and whether this includes a declaration of incompatibility.

(3) The High Court may not make a declaration of incompatibility unless 21 days' notice, or such other period of notice as the court directs, has been given to the Crown.

(4) Where notice has been given to the Crown, a Minister, or other person permitted by the 1998 Act, will be joined as a party on giving notice to the court.

(5) Where a claim is made under section 7(1) of the 1998 Act (claim that public authority acted unlawfully) in respect of a judicial act—

(a) that claim must be set out in the application form or the appeal notice; and

(b) notice must be given to the Crown.

(6) Where paragraph (4) applies and the appropriate person (as defined in section 9(5) of the 1998 Act) has not applied within 21 days, or such other period as the court directs, beginning with the date on which the notice to be joined as a party was served, the court may join the appropriate person as a party.

(7) On any application concerning a committal order, if the court ordering the release of the person concludes that that person's Convention rights have been infringed by the making of the order to which the application or appeal relates, the judgment or order should so state, but if the court does not do so, that failure will not prevent another court from deciding the matter.

(8) Where by reason of a rule, practice direction or court order the Crown is permitted or required—

(a) to make a witness statement;

(b) to swear an affidavit(GL);

(d) to discharge any other procedural obligation,

that function will be performed by an appropriate officer acting on behalf of the Crown, and the court may if necessary nominate an appropriate officer.

(Practice Direction 29A (Human Rights – Joining the Crown) makes provision for the notices mentioned in this rule.)

Documents in proceedings concerning gender recognition

29

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

(a) section 12(1)(g) or (h) of, or paragraph 11(1)(e) of Schedule 1 to, the 1973 Act ; ...

(aa) section 12A(3) of the 1973 Act in a case where section 12(1)(g) or (h) of the 1973 Act applies; ...

(ab) section 50(1)(d) of the 2004 Act;

(ac) section 50(1)(e) of the 2004 Act; or

(b) the Gender Recognition Act 2004.

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

(In relation to paragraph (1)(aa), section 9(6) of the Marriage (Same Sex Couples) Act 2013 provides that where a civil partnership is converted into a marriage, the civil partnership ends on the conversion, and the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.)

Stamping or sealing court documents

29

(1) A court officer must, when issuing the following documents, seal(GL), or otherwise authenticate them with the stamp of the court—

(a) the application form;

(b) an order; and

(2) The court officer may place the seal(GL) or the stamp on the document—

(a) by hand; or

(b) by printing a facsimile of the seal(GL) on the document whether electronically or otherwise.

(3) A document purporting to bear the court's seal(GL) or stamp will be admissible in evidence without further proof.

Applications for relief which is precluded by the 1991 Act

29

(1) This rule applies where an application is made for an order which, in the opinion of the court, it would be prevented from making under section 8 or 9 of the 1991 Act and in this rule, “the matter” means the question of whether or not the court would be so prevented.

(2) The court will consider the matter without holding a hearing.

(3) Where the court officer receives the opinion of the court, as mentioned in paragraph (1), the court officer must send a notice to the applicant of that opinion.

(4) Paragraphs (5) to (11) apply where the court officer sends a notice under paragraph (3).

(5) Subject to paragraph (6), no requirement of these rules apply except the requirements—

(a) of this rule;

(b) as to service of the application by the court officer; and

(6) The court may direct that the requirements of these rules apply, or apply to such extent or with such modifications as are set out in the direction.

(7) If the applicant informs the court officer, within 14 days of the date of the notice, that the applicant wishes to persist with the application, the court will give appropriate directions for the matter to be heard and determined and may provide for the hearing to be without notice.

(8) Where directions are given in accordance with paragraph (7), the court officer must—

(a) inform the applicant of the directions;

(b) send a copy of the application to the other parties;

(i) of the nature and effect of the notice given to the applicant under paragraph (3);

(ii) that the matter is being resolved without a hearing on notice; and

(iii) that they will be notified of the result; and

(d) if the hearing is to be on notice, inform the other parties of—

(i) the circumstances which led to the directions being given; and

(ii) the directions.

(9) If the applicant does not inform the court officer as mentioned in paragraph (7), the application shall be treated as having been withdrawn.

(10) Where—

(a) the matter is heard in accordance with directions given under paragraph (7); and

(b) the court determines that it would be prevented, under section 8 or 9 of the 1991 Act, from making the order sought by the applicant,

the court will dismiss the application.

(11) Where the court dismisses the application—

(a) the court must give its reasons in writing; and

(b) the court officer must send a copy of the reasons to the parties.

Modification of rule 29.8 where the application is not freestanding

29

(1) Where the court officer sends a notice under rule 29.8(3) in relation to an application which is contained in another document (“the document”) which contains material extrinsic to the application—

(a) subject to paragraph (2), the document will be treated as if it did not contain the application in respect of which the notice was served; and

(b) the court officer, when sending copies of the documents to the respondents under any provision of these rules, must attach—

(i) a copy of the notice under rule29.8(3); and

(ii) a notice informing the respondents of the effect of paragraph (1)(a).

(2) If the court determines that it is not prevented by section 8 or 9 of the 1991 Act from making the order sought by the application, the court—

(a) must direct that the document shall be treated as if it contained the application; and

(b) may give such directions as it considers appropriate for the subsequent conduct of the proceedings.

Standard requirements

29

(1) Every judgment or order must state the name and judicial title of the person who made it.

(2) Every judgment or order must—

(a) bear the date on which it is given or made; and

(b) be sealed(GL) by the court.

Drawing up and filing of judgments and orders

29

(1) Except as provided by a rule or a practice direction, every judgment or order will be drawn up by the court unless—

(a) the court orders a party to draw it up;

(b) a party, with the permission of the court, agrees to draw it up; or

(2) The court may direct that—

(a) a judgment or an order drawn up by a party must be checked by the court before it is sealed(GL); or

(b) before a judgment or an order is drawn up by the court, the parties must file an agreed statement of its terms.

(3) Where a judgment or an order is to be drawn up by a party—

(a) that party must file it no later than 7 days after the date on which the court ordered or gave permission for the order to be drawn up so that it can be sealed by the court; and

(b) if that party fails to file it within that period, any other party may draw it up and file it.

Copies of orders made in open court

29

(1) Except as provided by this rule or by any other rule or Practice Direction, no document or copy of a document filed or lodged in the court office shall be open to inspection by any person without the permission of the court, and no copy of any such document or copy shall be taken by, or issued to, any person without such permission.

(2) A copy of an order made in open court will be issued to any person who requests it.

(3) Subject to rules 14.24 and 29.1(2) and to any direction given by the court, a party to any family proceedings, or the legal representative, children’s guardian or litigation friend for a party in any family proceedings, may have a search made for, and may inspect, and obtain a copy of, any document or copy of a document filed or lodged in the court office in those proceedings.

(4) Any person who intends to make an application in relation to a child under the 1980 Hague Convention in a Contracting State (as defined in rule 12.44) other than the United Kingdom shall, if the court is satisfied that that person intends to make such an application, be entitled to obtain a copy bearing the seal(GL) of the court of any order made in relation to the child under the 1989 Act or under the inherent jurisdiction, whether or not that person was a party to the proceedings in which the order was made.

(5) For the purposes of this rule, “document” and “copy” have the meanings given in rule 21.1(3).

Service of judgments and orders

29

(1) The court officer must, unless the court directs otherwise, serve a copy of a judgment or an order made in family proceedings to every party affected by it.

(2) Where a judgment or an order has been drawn up by a party and is to be served by the court officer the party who drew it up must file a copy to be retained at court and sufficient copies for service on all the parties.

(3) A party in whose favour an order is made need not prove that a copy of the order has reached a party to whom it is required to be sent under this rule.

(4) This rule does not affect the operation of any rule or enactment which requires an order to be served in a particular way

Power to require judgment or order to be served on a party as well as the party's solicitor

29

Where the party on whom a judgment or order is served is acting by a solicitor, the court may order the judgment or order to be served on the party as well as on the party's solicitor.

When judgment or order takes effect

29

A judgment or order takes effect from the day when it is given or made, or such later date as the court may specify.

Correction of errors in judgments and orders

29

(1) The court may at any time correct an accidental slip or omission in a judgment or order.

(2) A party may apply for a correction without notice.

PART 30 — APPEALS

Scope and interpretation

30

(1) The rules in this Part apply to appeals to—

(a) the High Court; and

(b) the family court.

(2) This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.

(Rules 47.21 to 47.24 of the CPR deal with appeals against a decision of an authorised court officer in detailed assessment proceedings.)

(3) In this Part—

“appeal court” means the court to which an appeal is made;

“appeal notice” means an appellant's or respondent's notice;

“appellant” means a person who brings or seeks to bring an appeal;

“costs judge” means —the Chief Taxing Master;a taxing master of the Senior Courts; ora person appointed to act as deputy for the person holding office referred to in paragraph (b) or to act as temporary additional officer for any such office;

“district judge” means —the Senior District Judge of the Family Divisiona district judge of the Principal Registry of the Family Division;a person appointed to act as deputy for the person holding office referred to in paragraph (b) or to act as temporary additional officer for any such office;a district judge;a deputy district judge appointed under section 102 of the Senior Courts Act 1981 or section 8 of the County Courts Act 1984; ora District Judge (Magistrates’ Courts);

“lower court” means the court from which, or the person from whom, the appeal lies; and

“respondent” means—a person other than the appellant who was a party to the proceedings in the lower court and who is affected by the appeal; anda person who is permitted by the appeal court to be a party to the appeal.

(4) This Part is subject to any rule, enactment or practice direction which sets out special provisions with regard to any particular category of appeal.

Parties to comply with the practice direction

30

All parties to an appeal must comply with Practice Direction 30A.

Permission

30

(1) Paragraphs (1B) and (2) of this rule set out when permission to appeal is, or is not, required under these rules to appeal against a decision or order of the family court.

(1A) This rule does not apply where the route of appeal from a decision or order of the family court is to the Court of Appeal, namely where the appeal is against a decision or order made by a circuit judge or Recorder—

(a) in proceedings under—

(i) Part 4 of the 1989 Act (care and supervision);

(ii) Part 5 of the 1989 Act (protection of children);

(iii) paragraph 19(1) of Schedule 2 to the 1989 Act (approval by the court of local authority arrangements to assist children to live abroad); or

(iv) the 2002 Act (adoption, placement etc.);

(b) in exercise of the family court’s jurisdiction in relation to contempt of court where that decision or order was made in, or in connection with, proceedings referred to in sub-paragraph (a); or

(Appeals in the cases referred to in this paragraph are outside the scope of these rules. The CPR make provision requiring permission to appeal in those cases.)

(1B) Permission to appeal is required under these rules—

(a) unless paragraph (2) applies, where the appeal is against a decision made by a circuit judge, Recorder, district judge , costs judge, a lay justice or a bench of lay justices; or

(b) as provided by Practice Direction 30A.

(2) Permission to appeal is not required where the appeal is against—

(a) a committal order; ...

(b) a secure accommodation order under section 25 of the 1989 Act ; or

(3) Subject to paragraph (3A), an application for permission to appeal may be made—

(a) to the lower court at the hearing at which the decision to be appealed was made or, if the hearing is adjourned to a later date, the hearing on that date; or

(b) to the appeal court in an appeal notice.

(Rule 30.4 sets out the time limits for filing an appellant's notice at the appeal court. Rule 30.5 sets out the time limits for filing a respondent's notice at the appeal court. Any application for permission to appeal to the appeal court must be made in the appeal notice (see rules 30.4(1) and30.5(3).)

(3A) Where an application for permission to appeal is against a decision—

(a) made by a lay justice or a bench of lay justices; or

(b) of a type specified for the purposes of this rule in Practice Direction 30A,

the application for permission to appeal must be made to the appeal court in an appeal notice.

(4) Where the lower court refuses an application for permission to appeal, a further application for permission to appeal may be made to the appeal court.

(5) Subject to paragraph (5A), where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at a hearing.

(5A) Where—

(a) a judge of the High Court; or

(b) in the family court—

(i) a judge of the High Court;

(ii) a Designated Family Judge; ...

(iii) where the application relates to financial remedy proceedings, a Nominated FRC Circuit Judge; or

(iv) a Nominated Circuit Judge,

refuses permission to appeal without a hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at a hearing.

(5B) Rule 4.3(5) will not apply to an order that the person seeking permission may not request the decision to be reconsidered at a hearing made under paragraph (5A).

(5C) In paragraph (5A)

“Nominated Circuit Judge”means any circuit judge nominated by a Designated Family Judge in consultation with a Family Presiding Judge, and

“Nominated FRC Circuit Judge” means any circuit judge nominated by the National Lead Judge of the Financial Remedies Court for the purposes of that paragraph.

(6) A request under paragraph (5) must be filed within 7 days beginning with the date on which the notice that permission has been refused was served.

(7) Permission to appeal may be given only where—

(a) the court considers that the appeal would have a real prospect of success; or

(b) there is some other compelling reason why the appeal should be heard.

(8) An order giving permission may—

(a) limit the issues to be heard; and

(b) be made subject to conditions.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appellant's notice

30

(1) Where the appellant seeks permission from the appeal court it must be requested in the appellant's notice.

(2) Subject to paragraph (3), the appellant must file the appellant's notice at the appeal court within —

(a) such period as may be directed by the lower court at the hearing at which the decision to be appealed was made or, if the hearing is adjourned to a later date, the hearing on that date (which may be longer or shorter than the period referred to in sub-paragraph (b)); or

(b) where the court makes no such direction, 21 days after the date of the decision of the lower court against which the appellant wishes to appeal.

(3) Where the appeal is against —

(a) a case management decision; or

(b) an order under section 38(1) of the 1989 Act,

the appellant must file the appellant’s notice within 7 days beginning with the date of the decision of the lower court.

(4) Unless the appeal court orders otherwise, an appellant's notice must be served on each respondent and the persons referred to in paragraph (5)—

(a) as soon as practicable; and

(b) in any event not later than 7 days,

after it is filed.

(5) The persons referred to in paragraph (4) are—

(a) any children's guardian, welfare officer, or children and family reporter;

(b) a local authority who has prepared a report under section 14A(8) or (9) of the 1989 Act;

(c) an adoption agency or local authority which has prepared a report on the suitability of the applicant to adopt a child;

(d) a local authority which has prepared a report on the placement of the child for adoption; and

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

Respondent's notice

30

(1) A respondent may file and serve a respondent's notice.

(2) A respondent who—

(a) is seeking permission to appeal from the appeal court; or

(b) wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court,

must file a respondent's notice.

(3) Where the respondent seeks permission from the appeal court it must be requested in the respondent's notice.

(4) Subject to paragraph (4A), a respondent’s notice must be filed within—

(a) such period as may be directed by the lower court at the hearing at which the decision to be appealed was made or, if the hearing is adjourned to a later date, the hearing on that date; or

(b) where the court makes no such direction, 14 days beginning with the date referred to in paragraph (5).

(4A) Where the appeal is against a case management decision, a respondent’s notice must be filed within—

(a) such period as may be directed by the lower court; or

(b) where the court makes no such direction, 7 days beginning with the date referred to in paragraph (5).

(5) The date referred to in paragraph (4) is—

(a) the date on which the respondent is served with the appellant's notice where—

(i) permission to appeal was given by the lower court; or

(ii) permission to appeal is not required;

(b) the date on which the respondent is served with notification that the appeal court has given the appellant permission to appeal; or

(c) the date on which the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.

(6) Unless the appeal court orders otherwise, a respondent's notice must be served on the appellant, any other respondent and the persons referred to in rule 30.4(5)—

(a) as soon as practicable; and

(b) in any event not later than 7 days,

after it is filed.

(7) Where there is an appeal against an order under section 38(1) of the 1989 Act—

(a) a respondent may not, in that appeal, bring an appeal from the order or ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court; and

(b) paragraphs (2) and (3) do not apply.

Grounds of appeal

30

The appeal notice must state the grounds of appeal.

Variation of time

30

(1) An application to vary the time limit for filing an appeal notice must be made to the appeal court.

(2) The parties may not agree to extend any date or time limit set by—

(a) these rules;

(b) Practice Direction 30A; or

(Rule 4.1(3)(a) provides that the court may extend or shorten the time for compliance with a rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired).) (Rule 4.1(3)(c) provides that the court may adjourn or bring forward a hearing.)

Stay

30

Unless the appeal court or the lower court orders otherwise, an appeal does not operate as a stay(GL) of any order or decision of the lower court.

Amendment of appeal notice

30

An appeal notice may not be amended without the permission of the appeal court.

Striking out appeal notices and setting aside or imposing conditions on permission to appeal

30

(1) The appeal court may—

(a) strike out(GL) the whole or part of an appeal notice;

(b) set aside(GL) permission to appeal in whole or in part;

(2) The court will only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

(3) Where a party was present at the hearing at which permission was given that party may not subsequently apply for an order that the court exercise its powers under paragraphs (1)(b) or (1)(c).

Appeal court's powers

30

(1) In relation to an appeal the appeal court has all the powers of the lower court. (Rule 30.1(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal.)

(2) The appeal court has power to—

(a) affirm, set aside(GL) or vary any order or judgment made or given by the lower court;

(b) refer any application or issue for determination by the lower court;

(d) make orders for the payment of interest;

(e) make a costs order.

(3) The appeal court may exercise its powers in relation to the whole or part of an order of the lower court. (Rule 4.1 contains general rules about the court's case management powers.)

(4) If the appeal court—

(a) refuses an application for permission to appeal;

(b) strikes out an appellant's notice; or

and it considers that the application, the appellant's notice or the appeal is totally without merit, the provisions of paragraph (5) must be complied with.

(5) Where paragraph (4) applies—

(a) the court's order must record the fact that it considers the application, the appellant's notice or the appeal to be totally without merit; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

Hearing of appeals

30

(1) Every appeal will be limited to a review of the decision of the lower court unless—

(a) an enactment or practice direction makes different provision for a particular category of appeal; or

(b) the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

(2) Unless it orders otherwise, the appeal court will not receive—

(a) oral evidence; or

(b) evidence which was not before the lower court.

(3) The appeal court will allow an appeal where the decision of the lower court was—

(a) wrong; or

(b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

(4) The appeal court may draw any inference of fact which it considers justified on the evidence.

(5) At the hearing of the appeal a party may not rely on a matter not contained in that party's appeal notice unless the appeal court gives permission.

Assignment of appeals to the Court of Appeal

30

(1) Where the court from or to which an appeal is made or from which permission to appeal is sought (“the relevant court”) considers that—

(a) an appeal which is to be heard by a county court or the High Court would raise an important point of principle or practice; or

(b) there is some other compelling reason for the Court of Appeal to hear it,

the relevant court may order the appeal to be transferred to the Court of Appeal.

(2) Paragraph (1) does not allow an application for permission to appeal to be transferred to the Court of Appeal.

Reopening of final appeals

30

(1) The High Court will not reopen a final determination of any appeal unless—

(a) it is necessary to do so in order to avoid real injustice;

(b) the circumstances are exceptional and make it appropriate to reopen the appeal; and

(2) In paragraphs (1), (3), (4) and (6), “appeal” includes an application for permission to appeal.

(3) This rule does not apply to appeals to the family court.

(4) Permission is needed to make an application under this rule to reopen a final determination of an appeal.

(5) There is no right to an oral hearing of an application for permission unless, exceptionally, the judge so directs.

(6) The judge will not grant permission without directing the application to be served on the other party to the original appeal and giving that party an opportunity to make representations.

(7) There is no right of appeal or review from the decision of the judge on the application for permission, which is final.

(8) The procedure for making an application for permission is set out in Practice Direction 30A.

PART 31 — REGISTRATION OF ORDERS UNDER ... THE HAGUE CONVENTION 1996

Scope

31

This Part applies to proceedings for the recognition, non-recognition and registration of—

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

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

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

Interpretation

31

(1) In this Part —

(a) “judgment” is to be construed —

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

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

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

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(e) “parental responsibility” —

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

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

(2) References in this Part to registration are to the registration of a judgment in accordance with the provisions of this Part.

Where to start proceedings

31

(1) Every application under this Part, except for an application under rule 31.18 for a certified copy of a judgment... must be made to the principal registry.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

31

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

(2) An application for registration, recognition or non-recognition must be —

(a) made to a district judge of the principal registry; and

(b) in the form, and supported by the documents and the information required by a practice direction.

Documents – supplementary

31

(1) Where the person making an application under this Part does not produce the documents required by rule 31.4(2)(b) the court may —

(a) fix a time within which the documents are to be produced;

(b) accept equivalent documents; or

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions

31

(1) As soon as practicable after an application under this Part has been made, the court may ... give such directions as it considers appropriate, including as regards the following matters —

(a) whether service of the application may be dispensed with;

(b) expedition of the proceedings or any part of the proceedings (and any direction for expedition may specify a date by which the court must give its decision);

(d) the service of documents; and

(e) the filing of evidence.

(2) The court or court officer will —

(a) record the giving, variation or revocation of directions under this rule; and

(b) as soon as practicable serve a copy of the directions order on every party.

Recognition and enforcement under the Council Regulation of a judgment given in another Member State relating to rights of access or under Article 11(8) for the return of the child to that State

31

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

Registration for enforcement or order for non-recognition of a judgment

31

(1) This rule applies where an application is made for an order that a judgment given in another ... Contracting State, should be registered, or should not be recognised ....

(2) where the application is made for an order that the judgment should be registered —

(a) upon receipt of the application, and subject to any direction given by the court under rule 31.6, the court officer will serve the application on the person against whom registration is sought;

(b) the court will not accept submissions from either the person against whom registration is sought or any child in relation to whom the judgment was given.

(3) Where the application is for an order that the judgment should not be recognised —

(a) upon receipt of the application, and subject to any direction given by the court under rule 31.6, the court officer will serve the application on the person in whose favour judgment was given;

(b) the person in whose favour the judgment was given must file an answer to the application and serve it on the applicant —

(i) within 1 month of service of the application;...

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

(4) The court may extend the time set out in subparagraph (3)(b)(ii) on account of distance.

(5) The person in whose favour the judgment was given may request recognition or registration of the judgment in their answer, and in that event must comply with 31.4(2)(b), to the extent that such documents, information and evidence are not already contained in the application for non-recognition.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The person in whose favour the judgment was given fails to file a answer as required by paragraph (3) —

(a) where the Hague Convention of 15th November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters applies, the court shall apply Article 15 of that Convention; and

(b) in all other cases, the court will not consider the application unless —

(i) it is proved to the satisfaction of the court that the person in whose favour judgment was given was served with the application within a reasonable period of time to arrange his or her response; or

(ii) the court is satisfied that the circumstances of the case justify proceeding with consideration of the application.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stay of recognition proceedings by reason of an appeal

31

Where recognition or non-recognition of a judgment given in another ... Contracting State is sought, or is raised as an incidental question in other proceedings, the court may stay the proceedings —

(a) if an ordinary appeal against the judgment has been lodged; or

(b) if the judgment was given in the Republic of Ireland, if enforcement of the judgment is suspended there by reason of an appeal.

Effect of refusal of application for a decision that a judgment should not be recognised

31

Where the court refuses an application for a decision that a judgment should not be recognised, the court may —

(a) direct that the decision to refuse the application is to be treated as a decision that the judgment be recognised; or

(b) treat the answer under paragraph (3)(b) of rule 31.8 as an application that the judgment be registered for enforcement if paragraph (5) of that rule is complied with and order that the judgment be registered for enforcement in accordance with rule 31.11.

Notification of the court's decision on an application for registration or non-recognition

31

(1) Where the court has —

(a) made an order on an application for an order that a judgment should be registered for enforcement; or

(b) refused an application that a judgment should not be recognised and ordered under rule 31.10 that the judgment be registered for enforcement,

the court officer will as soon as practicable take the appropriate action under paragraph (2) or (3).

(2) If the court refuses the application for the judgment to be registered for enforcement, the court officer will serve the order on the applicant and the person against whom judgment was given in the state of origin.

(3) If the court orders that the judgment should be registered for enforcement, the court officer will —

(a) register the judgment in the central index of judgments kept by the principal registry;

(b) confirm on the order that the judgment has been registered; and

(c) serve on the parties the court's order endorsed with the court officer's confirmation that the judgment has been registered.

(4) A sealed order of the court endorsed in accordance with paragraph (3)(b) will constitute notification that the judgment has been registered under ... Article 26 of the 1996 Hague Convention ..., and in this Part “notice of registration” means a sealed order so endorsed.

(5) The notice of registration must state —

(a) full particulars of the judgment registered and the order for registration;

(b) the name of the party making the application and his address for service within the jurisdiction;

(d) the period within which an appeal against the order for registration may be made.

Effect of registration under rule 31.11

31

Registration of a judgment under rule 31.11 will serve for the purpose of ... Article 24 of the 1996 Hague Convention , ... as a decision that the judgment is recognised.

The central index of judgments registered under rule 31.11

31

The central index of judgments registered under rule 31.11 will be kept by the principal registry.

Decision on recognition of a judgment only

31

(1) Where an application is made seeking recognition of a judgment only, the provisions of rules 31.8 and 31.9 apply to that application as they do to an application for registration for enforcement.

(2) Where the court orders that the judgment should be recognised, the court officer will serve a copy of the order on each party as soon as practicable.

(3) A sealed order of the court will constitute notification that the judgment has been recognised under ... Article 24 of the 1996 Hague convention ....

(4) The sealed order shall indicate —

(a) full particulars of the judgment recognised;

(b) the name of the party making the application and his address for service within the jurisdiction;

(d) the period within which an appeal against the order for recognition may be made.

Appeal against the court's decision under rules 31.10, 31.11 or 31.14

31

(1) An appeal against the court's decision under rules31.10, 31.11or 31.14 must be made to a judge of the High Court —

(a) within one month of the date of service of the notice of registration; or

(b) if the party bringing the appeal is habitually resident in another ... Contracting State, within two months of the date of service.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If ..., the appeal is brought by the applicant for a declaration of enforceability or registration and the respondent fails to appear —

(a) where the Hague Convention of 15th November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters applies, the court shall apply Article 15 of that Convention; and

(b) in all other cases, the court will not consider the appeal unless —

(i) it is proved to the satisfaction of the court that the respondent was served with notice of the appeal within a reasonable period of time to arrange his or her response; or

(ii) the court is satisfied that the circumstances of the case justify proceeding with consideration of the appeal.

(4) This rule is subject to rule 31.16. (The procedure for applications under rule 31.15 is set out in Practice Direction 30A (Appeals).)

Stay of enforcement where appeal pending in state of origin

31

(1) A party against whom enforcement is sought of a judgment which has been registered under rule 31.11 may apply to the court with which an appeal is lodged under rule 31.15 for the proceedings to be stayed where —

(a) that party has lodged an ordinary appeal in the ... Contracting State of origin; or

(b) the time for such an appeal has not yet expired.

(2) Where an application for a stay is filed in the circumstances described in paragraph (1)(b), the court may specify the time within which an appeal must be lodged.

Enforcement of judgments registered under rule 31.11

31

(1) Subject to paragraph (1A), the court will not enforce a judgment registered under rule 31.11 until after —

(a) the expiration of any applicable period under rules 31.15 or 31.16; or

(b) if that period has been extended by the court, the expiration of the period so extended.

(1A) The court may enforce a judgment registered under rule 31.11 before the expiration of a period referred to in paragraph (1) where urgent enforcement of the judgment is necessary to secure the welfare of the child to whom the judgment relates.

(2) A party applying to the court for the enforcement of a registered judgment must produce to the court a certificate of service of —

(a) the notice of registration of the judgment; and

(b) any order made by the court in relation to the judgment.

(Service out of the jurisdiction ... is dealt with in chapter 4 of Part 6 and in Practice Direction 6B.)

Request for a certificate or a certified copy of a judgment

31

(1) An application for a certified copy of a judgment ... must be made to the court which made the order or judgment in respect of which certification is sought and without giving notice to any other party.

(2) The application must be made in the form, and supported by the documents and information required by a practice direction.

(3) The certified copy of the judgment will be an office copy sealed with the seal of the court and signed by a court officer. It will be issued with a certified copy of any order which has varied any of the terms of the original order.

(4) Where the application is made for the purposes of applying for recognition or recognition and enforcement of the order in another Contracting State, the court must indicate on the certified copy of the judgment the grounds on which it based its jurisdiction to make the order, for the purposes of Article 23(2)(a) of the 1996 Hague Convention.

Certificates issued in England and Wales under Articles 41 and 42 of the Council Regulation

31

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

Rectification of certificate issued under Article 41 or 42 of the Council Regulation

31

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

Authentic instruments and agreements under Article 46 of the Council Regulation

31

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

Application for provisional, including protective measures.

31

An application for provisional, including protective, measures under ... Articles 11 or 12 of the 1996 Hague Convention may be made notwithstanding that the time for appealing against an order for registration of a judgment has not expired or that a final determination of any issue relating to enforcement of the judgment is pending.

PART 32 — REGISTRATION AND ENFORCEMENT OF ORDERS

CHAPTER 1 — SCOPE AND INTERPRETATION OF THIS PART

Scope and interpretation

32

(1) This Part contains rules about the registration and enforcement of maintenance orders and custody orders.

(2) In this Part, “the 1950 Act” means the Maintenance Orders Act 1950.

(3) Chapter 2 of this Part relates to—

(a) the registration of a maintenance order, made in the High Court or the family court, in a court in Scotland or Northern Ireland in accordance with the 1950 Act; and

(b) the registration of a maintenance order, made in Scotland or Northern Ireland, in the High Court in accordance with the 1950 Act.

...

(4) Chapter 3 of this Part contains rules to be applied in the family court in relation to the registration in the family court of a maintenance order made in the High Court, in accordance with the 1958 Act.

(5) Chapter 4 of this Part relates to the registration and enforcement of custody orders in accordance with the 1986 Act.

(6) Chapter 5 of this Part relates to the ability of a court officer to take enforcement proceedings in relation to certain orders for periodical payments.

CHAPTER 2 — REGISTRATION ETC. OF ORDERS UNDER THE 1950 ACT

SECTION 1 — Interpretation of this Chapter

Interpretation

32

In this Chapter—

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

“the clerk of the court which made the order” means, in the case of a county court in Northern Ireland, the Chief Clerk for the appropriate court in Northern Ireland;

“family court order” means a maintenance order made in the family court;

“High Court order” means a maintenance order made in the High Court;

“maintenance order” means a maintenance order to which section 16 of the 1950 Act applies;

“Northern Irish order” means a maintenance order made by a court in Northern Ireland;

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

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

“registration” means registration under Part 2 of the 1950 Act and “registered” is to be construed accordingly; and

“Scottish order” means a maintenance order made by a court in Scotland.

SECTION 2 — Registration etc of High Court and family court orders

Registration of a High Court order

32

(1) An application for the registration of a High Court order may be made by sending to a court officer at the court which made the order—

(a) a certified copy of the order; and

(b) a statement which—

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

(ii) contains the date on which the order was served on the person liable to make payments, or, if the order has not been served, the reason why service has not been effected;

(iii) contains the reason why it is convenient for the order to be enforced in Scotland or Northern Ireland, as the case may be;

(iv) contains the amount of any arrears due to the applicant under the order;

(v) confirms that the order is not already registered; and

(vi) is verified by a statement of truth.

(2) If it appears to the court that—

(a) the person liable to make payments under the order resides in Scotland or Northern Ireland; and

(b) it is convenient for the order to be enforced there,

the court officer will send the documents filed under paragraph (1) to the clerk of the Court of Session or to the registrar in Northern Ireland, as the case may be.

(3) On receipt of a notice of the registration of a High Court order in the Court of Session or the Court of Judicature of Northern Ireland, the court officer (who is the prescribed officer for the purposes of section 17(4) of the 1950 Act) will—

(a) enter particulars of the notice of registration in the register;

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

Notice of Variation etc. of a High Court order

32

(1) This rule applies where a High Court order, which is registered in the Court of Session or the Court of Judicature of Northern Ireland, is discharged or varied.

(2) A court officer in the court where the order was discharged or varied will send a certified copy of that order to the clerk of the Court of Session or the registrar in Northern Ireland, as the case may be.

Cancellation of registration of a High Court order by the court of registration

32

(1) This rule applies where—

(a) the registration of a High Court order registered in the Court of Session or the Court of Judicature of Northern Ireland is cancelled under section 24(1) of the 1950 Act; and

(b) notice of the cancellation is given to a court officer in the court in which the order was made (who is the prescribed officer for the purposes of section 24(3)(a) of the 1950 Act ).

(2) On receipt of a notice of cancellation of registration, the court officer will enter particulars of the notice in ... the register.

Application of this Chapter to a county court order

32

Rules 32.3 to 32.5A apply to a family court order as if—

(a) references to a High Court order were references to a family court order;

(aa) in rule 32.5A, references to the High Court were to the family court;

(b) where the order is to be registered in Scotland, references to the Court of Session and the clerk of the Court of Session were references to the sheriff court and the sheriff-clerk of the sheriff court respectively; and

(c) where the order is to be registered in Northern Ireland, references to the Court of Judicature of Northern Ireland and the registrar of Northern Ireland were references to the court of summary jurisdiction and the clerk of the court of summary jurisdiction respectively.

SECTION 3 — Registration etc. of Scottish and Northern Irish orders

Registration of Scottish and Northern Irish orders

32

On receipt of a certified copy of a Scottish order or a Northern Irish order for registration, a court officer in the principal registry (who is the prescribed in the High Court officer for the purposes of section 17(2) of the 1950 Act) or a court officer in the family court (who is the prescribed officer in the family court for the purposes of section 17(2) of the 1950 Act) will—

(a) enter particulars of the order in ... the register;

(b) notify the clerk of the court which made the order or the registrar in Northern Ireland, as the case may be, that the order has been registered; and

(c) file the certified copy of the order and any statutory declaration, affidavit(GL) or statement as to the amount of any arrears due under the order.

(Section 17(3) of the 1950 Act makes provision as to the court in England and Wales to which a Northern Irish order or a Scottish order should be sent, which depends on which court originally made the order.)

Application to adduce evidence before High Court

32

(1) The Part 18 procedure applies to the applications under these provisions of the 1950 Act—

(a) an application to the High Court to adduce evidence under section 21(2) by a person liable to make payments under a Scottish order registered in the High Court;

(b) an application to the family court to adduce evidence under section 21(2) by a person liable to make payments under a Scottish order registered in the High Court under the 1950 Act and registered in the family court under Part 1 of the 1958 Act; and

(c) an application to the family court to adduce evidence under section 22(5) by a person entitled to payments or a person liable to make payments under a Scottish order or a Northern Irish order registered in the family court under Part 1 of the 1950 Act.

(2) The court officer for the family court (being the court in which the order is registered) will be the prescribed officer under section 22(5) of the 1950 Act to whom any transcript or summary of evidence adduced in the court in Scotland or Northern Ireland by which the order was made must be sent.

Notice of variation etc. of Scottish and Northern Irish orders

32

(1) This rule applies where—

(a) a Scottish order or a Northern Irish order, which is registered in the High Court or the family court, is discharged or varied by the court in Scotland or Northern Ireland; and

(b) notice of the discharge or variation is given to the court officer in the High Court or in the family court, as the case may be (who is the prescribed officer for the purposes of section 23(1)(a) of the 1950 Act ).

(2) On receipt of a notice of discharge or variation, the court officer will enter particulars of the notice in ... the register.

Cancellation of registration of Scottish and Northern Irish orders

32

(1) The Part 18 procedure applies to an application under section 24(1) of the 1950 Act for the cancellation of the registration of a Scottish order or a Northern Irish order in the High Court or the family court.

(2) The application must be made without notice to the person liable to make payments under the order.

(3) If the registration of the order is cancelled, the court officer will—

(a) note the cancellation in ... the register; and

(b) send written notice of the cancellation to—

(i) the clerk of the court which made the order or the registrar in Northern Ireland, as the case may be; and

(ii) the court officer of the family court if the order has been registered in the family court in accordance with section 2(5) of the 1958 Act.

(4) Where a maintenance order is registered under the 1950 Act in the family court, the court officer for the family court is the prescribed officer for the purposes of section 24(2) of the 1950 Act, and in paragraphs (5) and (6) references to the court officer are to the court officer of the family court.

(5) If a notice under section 24(2) of the 1950 Act is received, the court officer will—

(a) cancel the registration of the order; and

(b) send written notice of the cancellation to the clerk of the court which made the order.

(6) Where a maintenance order is registered in the family court under Part 1 of the 1958 Act and the court officer receives a notice of cancellation under section 24(3) of the 1950 Act from the appropriate officer of the High Court, the court officer will—

(a) enter the details of the notice in the register;

(b) cancel the registration under Part 1 of the 1958 Act; and

(i) the Deputy Principal Clerk of Session, in the case of the Court of Session; or

(ii) the Chief Registrar of the King’s Bench Division (Matrimonial), in the case of the High Court of Justice in Northern Ireland.

Enforcement

32

(1) Subject to paragraph (2), Part 33 applies to an application for or with respect to the enforcement of a Scottish order or a Northern Irish order registered in the High Court or the family court.

(2) The application may be made without notice to the person liable to make payments under the order.

Inspection of register and copies of order

32

Any person—

(a) who is entitled to receive, or liable to make, payments under a Scottish order or a Northern Irish order registered in the High Court or the family court under the 1950 Act; or

(b) with the permission of the court,

may—

(i) inspect the register; or

(ii) request a copy of any order registered in the High Court or the family court under Part 2 of the 1950 Act and any statutory declaration, affidavit(GL) or statement filed with the order.

CHAPTER 3 — REGISTRATION OF MAINTENANCE ORDERS UNDER THE 1958 ACT

Interpretation

32

In this Chapter “the register” means the register kept for the purposes of the 1958 Act.

Registration of orders – prescribed period

32

The prescribed period for the purpose of section 2(2) of the 1958 Act is 14 days. (Section 2(2) sets out the period during which an order, which is to be registered in a magistrates' court, may not be enforced)

Application for registration of a maintenance order in the family court – procedure in the High Court

32

(1) An application under section 2(1) of the 1958 Act may be made by sending to the court officer at the court which made the order—

(a) a certified copy of the maintenance order; and

(b) two copies of the application.

(2) When, on the grant of an application, the court officer sends the certified copy of the maintenance order to the family court in accordance with section 2(2), the court officer must—

(a) note on the order that the application for registration has been granted; and

(b) send to the family court a copy of the application for registration of the order.

(3) On receiving notice that the family court has registered the order, the court officer of the High Court must enter particulars of the registration in the court records.

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

32

(1) This rule applies where—

(a) a maintenance order is registered in the High Court in accordance with section 17(4) of the 1950 Act; and

(b) the court officer of the High Court receives notice that the family court has registered the order in accordance with section 2(5) of the 1958 Act.

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