The Family Proceedings Rules (Northern Ireland) 1996

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

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

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

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

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

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

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

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

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

• (10) Where—

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

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

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

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

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

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

Service on person under disability

6.4

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

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

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

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

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

Petition for nullity on ground of insanity, etc

6.5

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

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

Separate representation of children

6.6

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

• (a) the Official Solicitor, or

• (b) some other proper person

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

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

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

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

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

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

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

PART VII — PROCEDURE

Application

7.1

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

Security for costs in a matrimonial cause

7.2

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

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

Service out of Northern Ireland

7.3

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

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

Service of documents

7.4

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

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

• (i) to the solicitor’s address; or

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

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

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

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

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

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

Mode of making applications

7.5

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

No notice of intention to proceed after year’s delay

7.6

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

Filing of documents at place of hearing, etc

7.7

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

Mode of giving notice

7.8

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

Copies of Decrees and Order

7.9

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

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

Service of order

7.10

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

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

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

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

Record of proceedings at trial

7.11

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

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

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

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

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

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

Inspection of documents retained in court

7.12

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

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

Disclosure of information under the Order of 1991

7.13

Where the Department requires a person mentioned in regulation 2(2) or (3) of the Child Support (Information, Evidence and Disclosure) Regulations (Northern Ireland) 1992[^f00024] to furnish information or evidence for a purpose mentioned in regulation 3 of those Regulations nothing in rule 7.12 shall prevent that person from furnishing the information or evidence sought or require him to seek the leave of the court before doing so.

Applications for relief which are precluded by the Order of 1991

7.14

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

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

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

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

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

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

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

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

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

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

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

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

7.15

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

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

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

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

Disclosure of address

7.16

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

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

Practice to be observed in the Matrimonial Office and divorce county courts

7.17

The Lord Chief Justice may with the concurrence of the Lord Chancellor, issue directions for the purpose of securing due observance of statutory requirements and uniformity of practice in matrimonial proceedings in the Matrimonial Office and divorce county courts.

PART VIII — ENFORCEMENT OF ORDERS

GARNISHEE PROCEEDINGS

Application

8.1

In this Part, unless the context otherwise requires—

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

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

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

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

CHARGING ORDERS, STOP ORDERS ETC

Attachment of debt due to judgment debtor

8.2

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

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

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

Application for order

8.3

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

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

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

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

Service and effect of order to show cause

8.4

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

• (a) on the garnishee personally, and

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

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

No appearance or dispute of liability by garnishee

8.5

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

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

Dispute of liability by garnishee

8.6

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

Claims of third persons

8.7

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

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

Discharge of garnishee

8.8

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

Money in court

8.9

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

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

Costs

8.10

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

RECEIVERS: EQUITABLE EXECUTION

Order imposing charge on securities

8.11

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

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

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

• (a) any Government stock, and any stock of any company registered under the Companies (Northern Ireland) Order 1986[^f00025] including any such stock standing in the name of the Accountant General, and

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

Application for order under rule 8.13

8.12

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

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

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

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

Service of notice of order to show cause

8.13

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

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

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

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

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

Effect of order to show cause

8.14

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

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

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

Making and effect of charging order absolute

8.15

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

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

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

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

Discharge, etc of charging order

8.16

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

Money in court: charging order

8.17

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

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

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

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

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

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

8.18

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

Funds in court: stop order

8.19

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

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

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

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

Securities not in court: stop notice

8.20

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

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

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

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

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

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

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

Effect of stop notice

8.21

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

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

Amendment of stop notice

8.22

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

Withdrawal, etc of stop notice

8.23

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

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

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

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

EXAMINATION IN AID OF ENFORCEMENT

Appointment of receiver by way of equitable execution

8.24

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

Master may appoint receiver, etc

8.25

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

Application of rules as to appointment of receiver, etc

8.26

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

Attachment of earnings

8.27

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

JUDGMENT SUMMONSES

Examination as to debts owing to judgment debtor, etc

8.28

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

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

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

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

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

• (a) a conditional order of garnishee,

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

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

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

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

[ REGISTRATION AND ENFORCEMENT UNDER ... THE 1996 HAGUE CONVENTION

Application for issue of judgment summons

8.29

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

• “the Order” means the Judgments (Enforcement) (Northern Ireland) Order 1981[^f00026],

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Further provisions as to judgment summonses

8.30

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

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

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

Special provisions as to judgment summonses in divorce county courts

8.31

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

Removal of divorce county court order into High Court

8.32

• (1) Any order made by a county court in matrimonial proceedings may, on an application made to the High Court ex parte by affidavit by the person entitled to enforce the order, be removed into the High Court by direction of the Master, if he is satisfied that the order cannot conveniently be enforced in the county court.

APPENDIX 1

FORM M1

ORIGINATING SUMMONS

FORM M2

HEADING OF PETITION

FORM M3

GENERAL HEARING OF PROCEEDINGS

FORM M4

STATEMENT OF ARRANGEMENTS FOR CHILDREN

FORM M5

NOTICE OF PROCEEDINGS

Rule 2.6(4)

[[^f00397] FORM M5A

NOTICE OF PROCEEDINGS: CIVIL PARTNERSHIP ACT 2004

Rule 2.6(4)

FORM M6

ACKNOWLEDGEMENT OF SERVICE

Rule 2.10(1)

[[^f00398] FORM M6A

ACKNOWLEDGEMENT OF SERVICE: CIVIL PARTNERSHIP ACT 2004

Rule 2.10(1)

FORM M7

AFFIDAVIT OF SERVICE

Rule 2.10(3)

FORM M8

CERTIFICATE OF READINESS

Rule 2.28(2)

FORM M9

NOTICE UNDER RULE 2.39

Rule 2.39(1)

[[^f00399] FORM M10

NOTICE OF APPLICATION FOR DECREE NISI TO BE MADE ABSOLUTE OR CONDITIONAL ORDER TO BE MADE FINAL

Rule 2.52(1)

FORM M11

CERTIFICATE OF MAKING DECREE NISI ABSOLUTE (DIVORCE)

Rule 2.54(2)

[[^f00400] FORM M11A

CERTIFICATE OF MAKING CONDITIONAL ORDER FOR DISSOLUTION FINAL

RULE 2.54A(2)

FORM M12

CERTIFICATE OF MAKING DECREE NISI ABSOLUTE (NULLITY)

RULE 2.54(2)

[[^f00401] FORM M12A

CERTIFICATE OF MAKING CONDITIONAL NULLITY ORDER FINAL

RULE 2.54A(2)

FORM M13

NOTICE OF APPLICATION FOR ANCILLARY RELIEF

Rule 2.55(2) and (3)

FORM M14

NOTICE OF APPLICATION UNDER RULE 2.48

Rule 2.48

FORM M15

NOTICE OF INTENTION TO PROCEED WITH APPLICATION FOR ANCILLARY RELIEF MADE IN PETITION OR ANSWER

Rule 2.60(1)

FORM M16

NOTICE OF ALLEGATION IN PROCEEDINGS FOR ANCILLARY RELIEF

Rule 2.63

FORM M17

NOTICE OF REQUEST FOR PERIODICAL PAYMENTS ORDER AT SAME RATE AS ORDER FOR [(a) [MAINTENANCE PENDING SUIT] [MAINTENANCE PENDING OUTCOME OF PROCEEDINGS]]

Rule 2.70(2)

FORM M18

ORIGINATING SUMMONS FOR MAINTENANCE

Rule 3.1(1)

FORM M19

NOTICE UNDER RULE 3.1(5)

Rule 3.1(5)

FORM M20

ORIGINATING SUMMONS FOR ALTERATION OF MAINTENANCE AGREEMENT DURING THE LIFETIME OF THE PARTIES

Rule 3.4(1)

FORM M21

ORIGINATING SUMMONS FOR ALTERATION OF MAINTENANCE AGREEMENT AFTER THE DEATH OF ONE OF THE PARTIES

Rule 3.5(1)

FORM M22

NOTICE TO BE INDORSED ON DOCUMENT SERVED IN ACCORDANCE WITH RULE 6.4

Rule 6.4(2)

FORM M23

AFFIDAVIT AND NOTICE UNDER RULE 8.20

Rule 8.20(2)

FORM M24

SUMMONS UNDER RULE 8.28

Rule 8.28(2)

FORM M25

JUDGMENT SUMMONS (Seal)

Rule 8.29

FORM M26

DECLARATION AS TO MARITAL STATUS UNDER ARTICLE 31 OF THE MATRIMONIAL AND FAMILY PROCEEDINGS (NORTHERN IRELAND) ORDER 1989

Rule 3.11(11)

[[^f00402] FORM M26A

DECLARATION AS TO CIVIL PARTNERSHIP STATUS UNDER SECTION 181 OF THE CIVIL PARTNERSHIP ACT 2004

Rule 3.11(11)

FORM M27

[(a) [EX PARTE ORIGINATING SUMMONS UNDER ARTICLE 17 OF THE MATRIMONIAL AND FAMILY PROCEEDINGS (NORTHERN IRELAND) ORDER 1989]

[PARAGRAPH 4 OF SCHEDULE 17 TO THE CIVIL PARTNERSHIP ACT 2004]]

Rule 3.12(1)

FORM M28

[(a) [ORIGINATING SUMMONS UNDER ARTICLE 16 OF THE MATRIMONIAL AND FAMILY PROCEEDINGS (NORTHERN IRELAND) 1989]

[ORIGINATING SUMMONS UNDER PARAGRAPH 2 OF SCHEDULE 17 TO THE CIVIL PARTNERSHIP ACT 2004]]

Rule 3.13(1)

FORM M29

[(a) [ORIGINATING SUMMONS UNDER ARTICLE 28 OF THE MATRIMONIAL AND FAMILY PROCEEDINGS (NORTHERN IRELAND) ORDER 1989]

[ORIGINATING SUMMONS UNDER PART 2 OF SCHEDULE 17 TO THE CIVIL PARTNERSHIP ACT 2004]]

Rule 3.14(1)

FORM M30

NOTICE OF PROCEEDINGS AND ACKNOWLEDGEMENT OF SERVICE

Rule 3.13(2), 3.14(2)

FORM M31

NOTICE UNDER RULE 7.13(1)

Rule 7.14(1)

[[^f00403] FORM M32

FORM OF NOTICE TO APPEAR IN PETITION FOR DECLARATION OF [PARENTAGE] [LEGITIMACY] [LEGITIMATION]

Rule 3.29

FORM M33

CERTIFICATE OF READINESS

Rule 3.35

FORM M34

DECLARATION OF PARENTAGE UNDER ARTICLE 31B OF THE MATRIMONIAL AND FAMILY PROCEEDINGS (NORTHERN IRELAND) ORDER 1989

Rule 3.36

FORM M35

DECLARATION AS TO LEGITIMACY OR LEGITIMATION UNDER ARTICLE 32 OF THE MATRIMONIAL AND FAMILY PROCEEDINGS (NORTHERN IRELAND) ORDER 1989

Rule 3.36

FORM M36

TRANSFER OF PROCEEDINGS UNDER THE DECLARATIONS OF PARENTAGE (ALLOCATION OF PROCEEDINGS) ORDER (NORTHERN IRELAND) 2002

Rule 3.38

FORM C1

[[^f00404] FORM C1A

SUPPLEMENTAL INFORMATION FORM

FORM C2

FORM C3

FORM C3A

[[^f00405] FORM C4

ACKNOWLEDGEMENT

FORM C5

FORM C6

FORM C7

FORM C7A

[(a) FORM C8

FORM C9

FORM C10

FORM C11

FORM C12

FORM C13

FORM C14

FORM C14A

SUPPLEMENT FOR AN APPLICATION FOR AN EXTENSION OF AN EDUCATION SUPERVISION ORDER

FORM C15

FORM C16

FORM C17

FORM C18

FORM C19

[(a) FORM C20

IN THE MATTER OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995

FORM C21

FORM C22

FORM C23

FORM C24

FORM C25

FORM C26

FORM C27

[(a) FORM C28

FORM C29

FORM C30

FORM C31

FORM C32

APPENDIX 2 — CONTENTS OF PETITION

(Unless otherwise directed under Rule 2.4)

1

Every petition shall state:—

• (a) the names of the parties to the marriage [[^f00410] or civil partnership, as the case may be] and the date and place of the marriage [[^f00410] or the date on and place at which the civil partnership was formed, as the case may be];

• (b) [^f00411] the last address at which—

• (i) in a matrimonial cause, the parties to the marriage have lived together as husband and wife, and

• (ii) in a civil partnership cause, the parties to the civil partnership have lived together as civil partners of one another;]

• (bb) [^f00412] where it is alleged that the court has jurisdiction—

• (i) under Article 49(2) of the Matrimonial Causes (Northern Ireland) Order 1978, the grounds of jurisdiction;

• (ii) under the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005, the grounds of jurisdiction under regulation 3 of those Regulations.]

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

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

• (ii) if that country is not Northern Ireland, the country in which the respondent is domiciled;

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

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

• (ii) if the petitioner has not been habitually resident in Northern Ireland, the country in which the respondent has been habitually resident during that period,

with details in either case, including the addresses of the places of residence and the length of residence at each place;

• (da) [^f00415] where it is alleged that the court should assume jurisdiction under section 229(1)(c) or (2)(c) of the Act of 2004, the facts and matters relied on in support of that assertion;]

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

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

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

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

• (g) [[^f00416] in a matrimonial cause,] whether (to the knowledge of the petitioner in the case of a husband’s petition) any other child now living has been born to the wife during the marriage, and if so, the full names (including surname) of the child and his date of birth, or, if it be the case, that he is over 18 years of age;

• (ga) [[^f00417] in a civil partnership cause, whether (to the knowledge of the petitioner) any other child now living has been born to either of the civil partners during the civil partnership and, if so, the full names (including surname) of the child and his date of birth or, if it be the case, that he is over 18;]

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

• (i) where an application is being made for periodical payments or secured periodical payments for a child of the family,

• (i) whether the application is—

• for a stepchild;

• in addition to child support maintenance; already payable under a Child Support Agency assessment;

• to meet expenses arising from a child’s disability;

• to meet expenses incurred by a child being educated or trained for work;

• on some other specified ground; or

• (ii) that the child or the person with care of the child or the absent parent of the child is not habitually resident in the United Kingdom;

• (j) whether or not there have been any applications under the Order of 1991 for a maintenance assessment in respect of any child of the family and if so—

• (i) the date of any such application, and

• (ii) if available, details of the assessment made,

• (k) whether or not there are or have been any other proceedings in any court in Northern Ireland or elsewhere with reference to the marriage [[^f00418] or civil partnership] or to any children of the family or between the petitioner and the respondent with reference to any property of either or both of them, and, if so—

• (i) the nature of the proceedings,

• (ii) the date and effect of any [[^f00419] decree, civil partnership order or other order], and

• (iii) in the case of proceedings with reference to the marriage [[^f00420] or civil partnership], whether there has been any resumption of cohabitation since the making of the decree or order;

• (l) whether there are any proceedings continuing in any country outside Northern Ireland which relate to the marriage [[^f00421]or civil partnership] or are capable of affecting its validity of subsistence and, if so—

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

• (ii) the date when they were begun,

• (iii) the names of the parties,

• (iv) the date or expected date of any trial in the proceedings, and

• (v) [[^f00422] in a matrimonial cause,] such other facts as may be relevant to the question whether the proceedings on the petition should be stayed under Schedule 1 to the Order of 1978;

• (vi) [[^f00423] in a civil partnership cause, such other facts as may be relevant to the question whether the proceedings on the petition should be stayed under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules (Northern Ireland) 2005]

and such proceedings shall include any which are not instituted in a court of law in that country, if they are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status, and shall be treated as continuing if they have been begun and have not been finally disposed of;

• (m) where the fact on which the petition is based is 5 years’ separation, whether any, and if so what, agreement or arrangement has been made or is proposed to be made between the parties for the support of the respondent or, as the case may be, the petitioner or any child of the family;

• (n) in the case of a petition for divorce under Article 3(2)(e) of the Order of 1978 whether the petitioner proposes if a decree nisi is granted to make any financial provision for the respondent giving details of any proposal not mentioned under paragraph (k);

• (o) [[^f00424] In the case of—

• (i) a petition for divorce, that the marriage has broken down irretrievably, or

• (ii) a petition for dissolution, that the civil partnership has broken down irretrievably;]

• (p) [[^f00425] in a matrimonial cause,] the fact alleged by the petitioner for the purposes of Article 3(2) of the Order of 1978 or, where the petition is not for divorce or judicial separation, the ground on which relief is sought, together in any case with brief particulars of the individual facts relied on but not the evidence by which they are to be proved;

• (pa) [[^f00426] in a civil partnership cause, the fact alleged by the petitioner for the purposes of section 168(5) of the Act of 2004 or, where the petition is not for a dissolution or separation order, the ground on which relief is sought, together in any case with brief particulars of the individual facts relied on but not the evidence by which they are to be proved;]

• (q) any further or other information required by such of the following paragraphs and by rule 88 as may be applicable.

2

• (1) [^f00427] In a matrimonial cause, a petition for a decree of nullity under Article 14(e), (f) or (h) of the Order of 1978 shall state whether the petitioner was at the time of the marriage ignorant of the facts alleged.

• (2) In a civil partnership cause, a petition for a nullity order under section 174(1)(c) or (e) of the Act of 2004 shall state whether the petitioner was at the time of the civil partnership ignorant of the facts alleged.]

3

[^f00428] A petition for—

• (a) a decree of presumption of death and dissolution of marriage, or

• (b) an order for presumption of death and dissolution of civil partnership shall state—

• (i) the last place at which the parties to the marriage or civil partnership, as the case may be, cohabited;

• (ii) the circumstances in which the parties ceased to cohabit;

• (iii) the date and place where the respondent was last seen or heard of; and

• (iv) the steps which have been taken to trace the respondent.]

4

Every petition shall conclude with—

• (a) a prayer setting out particulars of the relief claimed, including any claim for costs and any application for ancillary relief which it is intended to claim [[^f00429] (including an application for a pension sharing or pension attachment order [[^f00430] ; or a pension compensation sharing or pension compensation attachment order]];

• (b) the names and addresses of the persons who are to be served with the petition, indicating if any of them is a person under disability;

• (c) the petitioner’s address for service, which, if the petitioner sues by a solicitor, shall be the solicitor’s name or firm and address or, if the petitioner sues in person, shall be his place of residence as given under paragraph 1(e) above or, if no place of residence in Northern Ireland is given, the address to which documents for him may be delivered or sent.

APPENDIX 3 — NOTICES AND RESPONDENTS

(i)	(ii)	(iii)	(iv)
Provision under which proceedings brought	Minimum number of days prior to hearing or directions appointment for service under rule 4.5(1)(b)	Respondents	Persons to whom notice is to be given
All applications	See separate entries below	Subject to separate entries below: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.	Subject to separate entries below:any authority providing accommodation for the child;persons who are caring for the child at the time when proceedings are commenced;in the case of proceedings brought in respect of a child who is alleged to be staying in a refuge which is certificated under Article 70(1) or (2), the person who is providing the refuge
Article 7(1)(a), 7(4), 8, 13(1), 16(6), 33(1), 52(7), 159(1), 163(1) Schedule 1, Paragraphs 10(3) and 12(4) of Schedule 8	14 Days	As for “all applications” above, and:in the case of proceedings under Schedule 1, those persons whom the applicant believes to be interested in or affected by proceedings;in the case of an application under paragraph 10(3)(b) or 12(4) of Schedule 8, any person, other than the child, named in the order	As for “all applications” above, and:in the case of an application for an Article 8 order, every person whom applicant believes—to be named in a court order with respect to the same child, which has not ceased to have effect,to be a party to pending proceedingsevery person who is allowed to have contact with the child by virtue of an order under Article 53.
Article 50, 53(2), 53(3) 53(4), 53(9) or 57(8)(b)	3 days	As for “all applications” above, and:in the case of an application under Article 53, the person whose contact with the child is the subject of the application.	As for “all applications” above, and:in the case of an application under Article 50—every person whom the applicant believes to be a party to pending relevant proceedings in respect of the same child, andevery person whom the applicant believes to be a parent without parental responsibility for the child.
Article 62(12)	2 days	As for “all applications” above.	Those of the persons referred to in Article 62(11)(a) to (e) who were not party to the application for the order which it is sought to have varied or discharged.
Article 44, 63(1), 63(9)(b), 64(3), 64(7), 67(9), 69(1), 178(1)	1 day	As for “all applications” above, and:in the case of an application under Article 63(9)(b)—the 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 whose contact with the child is affected by the direction which it is sought to have varied;in the case of an application under Article 69, the person whom the applicant alleges to have effected or to have been or to be responsible for the taking or keeping of the child	Except for applications under Article 178(1), as for “all applications” above, and:in the case of an application under Article 63(1), every person whom the applicant believes to be a parent of the child;in the case of an application under Article 63(9)(b)—the authority in whose area the child is living, andany person whom the applicant believes to be affected by the direction which it is sought to have varied;in the case of an application under Article 178(1), the person referred to in Article 178(1) and any person preventing or likely to prevent such a person from exercising powers under enactments mentioned in paragraph (6) of that Article.

Signed

Brian Hutton — John MacDermott — Malachy J. Higgins — J.F.B. Russell — F. Brian Hall — Mary Connolly — Dated 19th July 1996

I concur

Mackay of Clashfern, C. — Dated 25th July 1996

Explanatory note

(This note is not part of the Rules.)

EXPLANATORY NOTE

These rules which apply to proceedings in the High Court and county courts provide for applications

• under the Matrimonial Causes (Northern Ireland) Order 1978 and under Article 31 (declaration as to marital status), 41 (transfer of tenancy upon divorce) and Part IV (financial relief after overseas divorce) of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989, revoking and replacing the Matrimonial Causes Rules (Northern Ireland) 1981 [S.R. 1981 No. 184 as amended by S.R. 1989 No. 246 and S.R. 1993 No. 134]; and

• under the Children (Northern Ireland) Order 1995.

Footnotes

[^f00030]: S.I. 1993/1576 (N.I. 6)

[^f00031]: S.R. 1981 No. 184

[^f00032]: S.R. 1989 No. 246

[^f00033]: S.R. 1993 No. 134

[^f00034]: S.I. 1978/1045 (N.I. 5)

[^f00035]: S.I. 1989/677 (N.I. 6)

[^f00036]: S.I. 1991/2628 (N.I. 23)

[^f00037]: S.I. 1995/755 (N.I. 2)

[^f00038]: Definitions added by S.R. 1999 No. 88 with effect from 29.03.99

[^f00039]: S.I. 1998/1071 (N.I. 6)

[^f00040]: S.R. 1999 No. 61

[^f00041]: Definition added by S.R. 2002 No. 137 with effect from 06.05.02

[^f00042]: S.R. 2002 No. 119

[^f00043]: Definition added by S.R. 2000 No. 329 with effect from 1.12.00

[^f00044]: S.I. 1999/3147 (N.I. 11)

[^f00045]: Definition added by S.R. 2005 No. 497 with effect from 05.12.05

[^f00046]: 2004 c. 33

[^f00047]: Definition added by S.R. 2008 No. 466 with effect from 22.12.08

[^f00048]: Word deleted by S.R. 2000 No. 329 with effect from 1.12.00

[^f00049]: Words inserted by S.R. 2000 No. 329 with effect from 1.12.00

[^f00050]: Word omitted by S.R. 2011 No. 243 with effect from 25.07.11

[^f00051]: Words inserted by S.R. 2011 No. 243 with effect from 25.07.11

[^f00052]: Definition substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00053]: Words inserted by S.R. 2003 No. 75 with effect from 1.6.03

[^f00054]: 1971 c. 80

[^f00056]: Definitions substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00059]: Definition substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00061]: Definition substituted by S.R. 2005 No. 144 with effect from 18.04.05

[^f00062]: Definition added by S.R. 2005 No. 497 with effect from 05.12.05

[^f00063]: Definition substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00064]: S.I. 1994/429 (N.I. 2)

[^f00065]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00066]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00067]: S.R. 1980 No. 346

[^f00068]: S.R. 1981 No. 225

[^f00069]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00070]: Words substituted by S.R. 2010 No. 379 with effect from 20.12.10

[^f00071]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00072]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00073]: 1971 c. 36 (N.I.)

[^f00074]: Words omitted by S.R. 2010 No. 379 with effect from 20.12.10

[^f00075]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00076]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00077]: Words substituted by S.R. 2005 No. 497 with effect from 05.12 05

[^f00078]: Paragraphs inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00079]: Sub-paragraphs substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00080]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00081]: Rules inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00082]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00083]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00084]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00085]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00086]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00087]: Rule inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00088]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00089]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00090]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00091]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00092]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00093]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00094]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00095]: Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00096]: Words inserted by S.R. 1999 No. 88 with effect from 29.3.99

[^f00097]: Words deleted by S.R. 1999 No. 88 with effect from 29.3.99

[^f00098]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00099]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00100]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00101]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00102]: Rules inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00103]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00104]: Rule inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00105]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00106]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00107]: Inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00108]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00109]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00110]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00111]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00112]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00113]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00114]: Words substituted by S.R. 2006 No. 304 with effect from 01.08 06

[^f00115]: Words inserted by S.R. 2006 No. 304 with effect from 01.08.06

[^f00116]: Rule inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00117]: S.R. 2005 No. 498

[^f00124]: 1978 c. 23

[^f00126]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00127]: Words omitted by S.R. 2006 No. 304 with effect from 01.08.06

[^f00128]: Words omitted by S.R. 2006 No. 304 with effect from 01.08.06

[^f00129]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00130]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00131]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00132]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00133]: S.I. 1978/1045 (N.I. 5) as substituted by paragraph 95 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I 2))

[^f00134]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00135]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00136]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00137]: Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00138]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00139]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00140]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00141]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00142]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00143]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00144]: 1971 c 36 (N.I.)

[^f00145]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00146]: Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00147]: 1933 c. 4

[^f00148]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00149]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00150]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00151]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00152]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00153]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00154]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00155]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00156]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00157]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00158]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00159]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00160]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00161]: Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00162]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05