Magistrates' Courts (Domestic Proceedings) Rules (Northern Ireland) 1996

Made: 25th July 1996

Coming into operation: 4th November 1996

The Lord Chancellor, in exercise of the powers conferred on him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981[^f00001] and Articles 8(8), 18(8), 18(9), 21(4), 25(1) and 26(2) of the Domestic Proceedings (Northern Ireland) Order 1980[^f00002] on the advice of the Magistrates' Courts Rules Committee and after consultation with the Lord Chief Justice hereby makes the following Rules:—

Citation, commencement and interpretation

1

• (1) These rules may be cited as the Magistrates' Courts (Domestic Proceedings) Rules (Northern Ireland) 1996 and shall come into operation on 4th November 1996.

• (2) In these rules—

• (a) “the Order” means the Domestic Proceedings (Northern Ireland) Order 1980 and any reference to an Article by number is a reference to that Article as numbered in the Order;

• (aa) “the 1981 Order” means the Magistrates' Courts (Northern Ireland) Order 1981;

• (ab) “the Order of 1998” means the Family Homes and Domestic Violence (Northern Ireland) Order 1998;

• (ac) “the Act of 2004” means the Civil Partnership Act 2004;

• (b) “the Order Book” means the Order Book kept under Rule 19 of the Magistrates' Courts Rules (Northern Ireland) 1984[^f00003];

• (bb) “a means of payment order” means an order made in exercise of the powers conferred on the court by Article 85(3) of the 1981 Order;

• (c) any reference to a form is a reference to a form in Schedule 1 and includes a reference to a form to the same effect with such variations as the circumstances may require;

• (d) “first class post” means first class post which has been pre-paid or in respect of which pre-payment is not required.

• (3) The Magistrates' Courts Rules (Northern Ireland) 1984 shall have effect subject to the provisions of these Rules.

Revocation and saving

2

• (1) Subject to paragraph (2) the Rules set out in Schedule 2 are hereby revoked.

• (2) Nothing in these rules shall affect any proceedings pending (within the meaning of paragraph 1 of Schedule 8 to the Children (Northern Ireland) Order 1995[^f00004]) immediately before these rules come into operation and accordingly the Rules set out in Schedule 2 shall continue to apply in relation to such proceedings.

Application under Article 4

3

• (1) An application by way of complaint to a justice of the peace or clerk of petty sessions for an order under Article 4 of the Order or Part 1 of Schedule 16 to the Act of 2004 may be made orally specifying the type of order sought and the ground or grounds on which the application is made.

• (2) Where an application under paragraph (c) or (d) of Article 4 alleges adultery or such behaviour by the respondent that the applicant cannot reasonably be expected to live with the respondent, particulars of the adultery or alleged behaviour shall not be stated in the summons, but, where the respondent or his solicitor, in writing, requests any such particulars, the applicant shall forthwith furnish particulars, in writing, to the respondent or his solicitor and to the clerk of petty sessions.

• (2A) Where an application under paragraph 1(c) of Schedule 16 to the Act of 2004 alleges such behaviour by the respondent that the applicant cannot reasonably be expected to live with the respondent, particulars of the alleged behaviour shall not be stated in the summons, but, where the respondent or his solicitor, in writing, requests any such particulars, the applicant shall forthwith furnish particulars, in writing to the respondent or his solicitor and to the clerk of petty sessions.

• (3) A summons issued in consequence of such an application shall be in Form D1 or Form D1A, as the case may be, and shall be prepared in triplicate and a copy served on the respondent.

Application for order under Article 8 (orders for payments agreed by parties)

4

• (1) An application by way of complaint to a justice of the peace or clerk of petty sessions for an order under Article 8 of the Order or Part 2 of Schedule 16 to the Act of 2004 may be made orally specifying the type or types of financial provision applied for and the amount of any payment to be made thereunder.

• (2) A summons issued in consequence of such an application shall be in Form D2 and shall be prepared in triplicate and a copy served on the respondent.

• (3) For the purposes of Article 8(9)(a) and (b) of the Order or paragraph 11(2)(a) and (b) of Schedule 16 to the Act of 2004 evidence of the consent of the respondent to the making of the order and of the financial resources of the respondent shall be proved by way of a written statement in Form D3 signed by the respondent in the presence of one person from the persons described in paragraph (5) below, according to where the statement is signed.

• (4) For the purposes of Article 8(9)(c) of the Order or paragraph 11(2)(c) of Schedule 16 to the Act of 2004 evidence of the financial resources of the child shall be proved by way of a written statement in Form D3A signed by the respondent, or, in an appropriate case, the child, in the presence of one person from the persons described in paragraph (5) below, according to where the statement is signed.

• (5) A written statement under paragraph (3) or (4) above shall be signed in the presence of one of the following persons:—

• (a) in Northern Ireland—

• a justice of the peace or clerk of petty sessions;

• (b) in England and Wales—

• a justice of the peace or justice’s clerk;

• (c) in Scotland—

• a justice of the peace or sheriff;

• (d) outside the United Kingdom—

• (i) any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose;

• (ii) a British Consular Officer;

• (iii) a notary public, or

• (iv) if the person executing the document is serving in any of the regular armed Forces of the Crown, an officer holding a commission in any of those Forces.

• (6) For the purposes of the said Article 8(9) of the Order or paragraph 11 of Schedule 16 to the Act of 2004 a written statement purporting to be signed and witnessed in accordance with paragraph (3) or (4) shall be admissible as evidence without further proof of the signature of the respondent or of the witness, or, in the case of a statement in Form D3A which the child has signed, the child or of the witness, and shall be deemed to have been so signed and witnessed on the date and at the place specified in the document, unless the contrary is proved.

Application for order under Article 9 (orders for payments where parties are living apart by agreement)

5

• (1) An application by way of complaint to a justice of the peace or clerk of petty sessions for an order under Article 9 of the Order or Part 3 of Schedule 16 to the Act of 2004 may be made orally specifying the aggregate amount of the payments made during the period of three months immediately preceding the date of the making of the application and the type of order sought.

• (2) A summons issued in consequence of such an application shall be in Form D4 and shall be prepared in triplicate and a copy served on the respondent.

• (3) Where under Article 9(4) the court decides to treat such an application as if it were an application for an order under Article 4 the court shall state which of grounds (a) and (b) of Article 9(4) is considered applicable and a note of the decision and the grounds therefor shall be entered in the Order Book.

• (3A) Where under paragraph 18 of Schedule 16 to the Act of 2004 the court decides to treat such an application as if it were an application under Part 1 of that Schedule the court shall state which of grounds (a) or (b) of sub-paragraph (1) of that paragraph is considered applicable and a note of the decision and the grounds therefore shall be entered in the Order Book.

• (4) Where the court decides to treat the application as aforesaid and the respondent is not present or represented in court, or the respondent or his representative does not agree to the continuance of the hearing, the court shall adjourn the hearing and the clerk of petty sessions shall serve notice of the decision and the grounds therefor in Form D5 on the respondent.

Lodgment of birth certificate

6

On any application for an order under Articles 4, 8 or 9 of the Order or under Parts 1, 2 or 3 of Schedule 16 to the Act of 2004 or for the variation or revocation of ... an order under Article 22 of the Order or paragraph 30 of Schedule 16 to the Act of 2004 or for the revival of such an order under Article 22B of the Order or paragraph 30 of Schedule 16 to the Act of 2004 the applicant shall lodge with the clerk of petty sessions before the hearing of the application, where the birth of the child in respect of which the order is sought has been registered, a copy of the entry relating to his birth in the Register of Births or, where he has been adopted, a copy of the entry in the Adopted Children Register, as the case may be.

Respondents to application for order under Articles 22 or 22B

7

• (1) The following persons (not being the applicant) shall be made respondents on an application under Article 22 for the variation or revocation of an order that is to say:—

• (a) in the case of the variation or revocation of an order made under Article 4(1)(a) or (c), 8, or 9 the parties to the marriage in question;

• (b) in the case of the variation or revocation of an order made under Article 20—

• (i) the parties to the marriage in question; and

• (ii) where the order requires payments to be made for the benefit of a child who has his home with a person who is a parent of the child but not a party to the marriage in question that person;

• (c) in the case of the variation or revocation of an order requiring payments to be made to or for the benefit of a child who is 16 years of age or over, that child in addition to the persons who may be respondents by virtue of sub-paragraphs (a) and (b).

• (2) In the case of an application for the revival of an order under Article 22B the respondents shall be the parties to the proceedings leading to the order which it is sought to have revived.

Form of order

8

• (1) An order for financial provision under Articles 4, 8 or 9 of the Order or Parts 1, 2 or 3 of Schedule 16 to the Act of 2004 shall be in Form D6.

• (2) Where the court makes a means of payment order, the clerk of petty sessions shall record on the order for financial provision to which the means of payment order relates the means of payment which the court has ordered.

• (3) Where the court orders that payments are to be made by a method of payment falling within Article 85(7) of the 1981 Order the clerk of petty sessions shall notify the person liable to make payments under the order of the number and location of the account into which the payment should be made.

Notice of court’s powers under the Children (Northern Ireland) Order 1995

9

• (1) In a case where the powers of a court under the Children (Northern Ireland) Order 1995 are or may be exercisable but where no application has been made under that Order, the clerk of petty sessions shall upon the making of an application under Article 4, 8 or 9 of the Order or Parts 1, 2 or 3 of Schedule 16 to the Act of 2004 send by ordinary post a notice in Form D7 to—

• the applicant or his solicitor;

• the respondent or his solicitor; and

• any parent of the child who is not a party to the marriage or civil partnership; and whose name and address is known.

Application for personal protection orders and exclusion orders

10

• (1) An application by way of complaint to a justice of the peace or clerk of petty sessions for an occupation order or a non-molestation order under the Order of 1998 shall be made in writing in Form F1.

• (2) An application in Form F1 shall be supported—

• (a) by a statement which is signed and is declared to be true; or

• (b) with the leave of the court, by oral evidence.

• (3) Any summons issued in consequence of such an application shall be prepared in triplicate in Form F2 and a copy shall be served (together with a copy of the written application referred to in paragraph (1) and any supporting statement referred to in paragraph (2)) on the respondent not less than two days prior to the date fixed for hearing.

• (4) The court may abridge the period specified in paragraph (3).

Interim personal protection orders and interim exclusion orders

11

• (1) Where an application for an occupation order or a non-molestation order under the Order of 1998 is pending, the court shall consider (on the application in writing of either party or of its own motion) whether to exercise its powers to transfer the hearing of that application to another court and the court shall make an order for transfer in Form F5 if it seems necessary or expedient to do so.

• (2) Where an order for transfer is made, the clerk of petty sessions shall send a copy of the order to—

• (a) the parties; and

• (b) to the clerk of petty sessions or the chief clerk of the county court or the Master (Probate and Matrimonial) of the High Court as the case may be.

Form of personal protection order and exclusion order

12

• (1) This rule applies to the hearing of applications under the Order of 1998 and the following forms shall be used in connection with such hearings:

• (a) a record of the hearing shall be made in Form F6, and

• (b) any order made on the hearing shall be issued in Form F7.

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

Notification of personal protection orders and exclusion orders

13

• (1) An application by way of complaint to a justice of the peace or clerk of petty sessions for the extension, variation or discharge of an occupation order or non-molestation order made under the Order of 1998 shall be made in writing in Form F8.

• (2) Rules 10(3) and (4), 10C, 12 and 12A above shall apply, with the necessary modifications, to such an application.

Proceedings against person outside Northern Ireland on application for variation or revocation of an order

14

• (1) The period referred to in Article 26(2) shall be the period of one month ending on the date of the hearing.

• (2) Before proceeding in a case where Article 26(2) applies the court in addition to being satisfied of the fact referred to in that provision must also be satisfied that the applicant has taken steps to give notice to the respondent of the making of the application and of the time and place appointed for the hearing by—

• (a) causing a notice in Form D13 to be delivered to the respondent; or

• (b) causing a notice in Form D13 to be sent by post addressed to the respondent at his usual or last known place of abode or business.

• (3) Where an application for the revocation or variation of an order requiring payments to be made by the applicant to the respondent is heard by virtue of Article 26(2) in the absence of the respondent the court shall not make the order unless it is satisfied that during the period of 6 months immediately preceding the making of the application the respondent was continuously outside Northern Ireland or was not in Northern Ireland on more than 30 days, and that, having regard to any communication in writing to the court purporting to be from the respondent, it is reasonable in all the circumstances so to do.

• (4) Rule 11(7) of the Magistrates' Courts Rules (Northern Ireland) 1984 shall apply for the purpose of proving the delivery of a written notice in pursuance of paragraph (2)(a) as it applies for the purpose of proving the service of a summons.

Transfer of proceedings for order under Articles 4, 8, 9 or 18

15

• (1) Where an application is made for an order under Articles 4, 8 or 9 and as a consequence a summons is issued, then, on an application made by the respondent in accordance with paragraph (2) the court may, if it appears that the case could more conveniently be heard in another court of summary jurisdiction having jurisdiction to hear it by virtue of Article 32(1), determine that the proceedings shall be removed to that other court.

• (1A) Where an application is made for an order under Parts 1, 2 or 3 of Schedule 16 to the Act of 2004 and as a consequence a summons is issued, then, on an application made by the respondent in accordance with paragraph (2) the court may, if it appears that the case could more conveniently be heard in another court of summary jurisdiction having jurisdiction to hear it by virtue of Article 32(1) of the Order, as applied to those proceedings by paragraph 46 of Schedule 16 to the Act of 2004, determine that the proceedings shall be removed to that other court.

• (2) An application under paragraph (1) or (1A) may be made orally or in writing by or on behalf of the respondent and, unless the respondent applied in person, there shall be lodged with the clerk of petty sessions for the court in which the proceedings were begun a statutory declaration by the respondent stating—

• (a) the grounds upon which the application is made;

• (b) the address of the respondent to which notices may be sent;

• (c) a summary of the evidence to be adduced by the respondent in the proceedings, including the names, addresses and occupations, if known, of any witnesses to be called by the respondent;

• (d) the occupation of the respondent and, if known, of the applicant in the proceedings.

• (3) Unless the court determines that the application be refused forthwith, it shall afford to the person who applied for the order an opportunity of making representations, either orally or in writing, thereon.

• (4) Where the court determines under paragraph (1) or (1A) that proceedings shall be removed into another court of summary jurisdiction, it shall cause the clerk of petty sessions of the court in which the proceedings were begun to send to the clerk of petty sessions of that other court a copy of the summons and any other relevant documents; and on receipt thereof in that other court, the application shall be deemed to have been made in, and the summons to have been issued by, that other court, and the time and place appointed by that court for the hearing of the proceedings, upon notice thereof being sent to all parties, shall be substituted for the time and place appointed by the summons.

Entries in the Order Book

16

• (1) Where in the exercise of its powers under Article 9 of the Magistrates' Courts (Northern Ireland) Order 1981[^f00005] a court allows time for payment of a lump sum required to be paid under the Order or orders that any such lump sum shall be paid by instalments or, under Article 24 of the Order or paragraph 41 of Schedule 16 to the Act of 2004, varies the number of instalments payable, the amount of any instalment payable or the date on which any instalment becomes payable, particulars thereof shall be entered in the Order Book.

• (2) Where the clerk of petty sessions receives notice of any direction given by the High Court or a divorce county court under Article 30(1) of the Order or a civil partnership proceedings county court under Article 30(1) of the Order as applied by paragraph 46 of Schedule 16 to the Act of 2004 by virtue of which an order made by the court under the Order ceases to have effect, particulars thereof shall be entered in the Order Book.

SCHEDULE 1 — Forms

FORM D1

DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

(Article 4: Rule 3(3))

FORM D1A

Civil Partnership Act 2004

(Part 1 of Schedule 16: Rule 3(3))

FORM D2

[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

(Article 8: Rule 4(2))]

[CIVIL PARTNERSHIP ACT 2004

(Part 2 of Schedule 16: Rule 4(2))]*

FORM D3

[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

(Article 8(9): Rule 4(3))]

[CIVIL PARTNERSHIP ACT 2004

(Part 2 of Schedule 16: Rule 4(3))]*

FORM D3A

[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

(Article 8(9): Rule 4(4))]

[CIVIL PARTNERSHIP ACT 2004

(Paragraph 11 of Schedule 16: Rule 4(4))]*

FORM D4

[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

(Article 9: Rule 5(2))]

[CIVIL PARTNERSHIP ACT 2004

(Part 3 of Schedule 16: Rule 5(2))]*

FORM D5

[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

(Article 9: Rule 5(4))]

[CIVIL PARTNERSHIP ACT 2004

(Paragraph 18 of Schedule 16: Rule 5(4))]*

FORM D6

[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

(Articles 4, 8 and 9: Rule 8(1))]

[CIVIL PARTNERSHIP ACT 2004

(Parts 1, 2 and 3 of Schedule 16: Rule 8(1))]*

FORM D7

[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

(Article 10: Rule 9)]

[CIVIL PARTNERSHIP ACT 2004

(Paragraph 45 of Schedule 16: Rule 9)]*

Form F1

Application for a non-molestation order/an occupation order

Family Homes and Domestic Violence (Northern Ireland) Order 1998

Form F2

SUMMONS TO RESPONDENT ON AN APPLICATION UNDER THE FAMILY HOMES AND DOMESTIC VIOLENCE (NORTHERN IRELAND) ORDER 1998

Form F3

NOTICE TO MORTGAGEES AND LANDLORDS

FAMILY HOMES AND DOMESTIC VIOLENCE (NORTHERN IRELAND) ORDER 1998

Form F4

STATEMENT OF SERVICE

FAMILY HOMES AND DOMESTIC VIOLENCE (NORTHERN IRELAND) ORDER 1998

Form F5

TRANSFER OF PROCEEDINGS TO [THE HIGH COURT] [A COUNTY COURT] [A FAMILY PROCEEDINGS COURT]

FAMILY HOMES AND DOMESTIC VIOLENCE (NORTHERN IRELAND) ORDER 1998

SCHEDULE 2 — Revocations

• Magistrates' Courts (Domestic Proceedings) Rules (Northern Ireland) 1980 [S.R. 1980 No. 371]

• Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1989 [S.R. 1989 No. 303]

• Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1993 [S.R. 1993 No. 138]

• Magistrates' Courts (Domestic Proceedings) (Amendment No. 2) Rules (Northern Ireland) 1993 [S.R. 1993 No. 364]

Signed

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

Explanatory note

(This note is not part of the Rules.)

These Rules prescribe the procedure to be followed on applications under the Domestic Proceedings (Northern Ireland) Order 1980 and taking into account the Children (Northern Ireland) Order 1995.

The Magistrates' Courts (Domestic Proceedings) Rules (Northern Ireland) 1980 [S.R. 1980 No. 371 as amended by S.R. 1989 No. 303; S.R. 1993 No. 138 and S.R. 1993 No. 364] are revoked.

Footnotes

[^f00001]: S.I. 1981/1675 (N.I. 26)

[^f00002]: S.I. 1980/563 (N.I. 5)

[^f00003]: S.R. 1984 No. 225

[^f00004]: S.R. 1995 No. 755 (N.I. 2)

Editorial notes

[^key-ebc5a8fd4e974a94d89c80e98a36d11c]: Sch. 1 in operation at 4.11.1996, see rule 1(1)

[^key-26c4cc4ee958ce02dae6a992368346c4]: Rule 1 in operation at 4.11.1996, see rule 1(1)

[^key-264a4d0147809974777ab83588e382e9]: Rule 2 in operation at 4.11.1996, see rule 1(1)

[^key-4b58be72731e9273fc5fcd2642747f73]: Rule 3 in operation at 4.11.1996, see rule 1(1)

[^key-c05fba5d0816278074075135044a81c9]: Rule 4 in operation at 4.11.1996, see rule 1(1)

[^key-70f33fa9df38e87ab9b673f7d21be338]: Rule 5 in operation at 4.11.1996, see rule 1(1)

[^key-e4a2f6a4a9ef92bd7c6a6253d79c1bad]: Rule 6 in operation at 4.11.1996, see rule 1(1)

[^key-cac76a114429425a60ed9825d2013a08]: Rule 7 in operation at 4.11.1996, see rule 1(1)

[^key-125569247eb7d6c6f538366c62a60d27]: Rule 9 in operation at 4.11.1996, see rule 1(1)

[^key-2f15ea163d15e167396aef296c188514]: Rule 14 in operation at 4.11.1996, see rule 1(1)

[^key-1debe93696a33cccdcf8e02fb466c9b6]: Rule 15 in operation at 4.11.1996, see rule 1(1)

[^key-40ddd65a2e8cc95b6758ce1903dde8c5]: Rule 16 in operation at 4.11.1996, see rule 1(1)

[^key-9c6162defa66b18734ff3ea97a14a237]: Sch. 2 in operation at 4.11.1996, see rule 1(1)

[^key-5ffc69dbf4d5a8ba8088329890dad98f]: Rule 8A inserted (5.1.1998) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1997 (S.R. 1997/538), rules 1(1), 2(c)

[^key-f30309c85742c259255f6e9f8c4bbfc0]: Sch. 1 Form D6 substituted (5.1.1998) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1997 (S.R. 1997/538), rules 1(1), 2(d), Sch.

[^key-9550e556fe41f6f3817cb5376ea32a9d]: Rule 1(2)(aa) inserted (5.1.1998) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1997 (S.R. 1997/538), rules 1(1), 2(a)(i)

[^key-ed8872c9390bb3a4bb5c55f96217bd93]: Rule 1(2)(bb) inserted (5.1.1998) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1997 (S.R. 1997/538), rules 1(1), 2(a)(ii)

[^key-f239301fc3df1f59d1339bbff1318efd]: Rule 8 substituted (5.1.1998) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1997 (S.R. 1997/538), rules 1(1), 2(b)

[^key-6b821b3895af9879dec6260e6b4986b5]: Rules 10-13 substituted (29.3.1999) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1999 (S.R. 1999/62), rules 1(1), 4 (with rule 7); S.R. 1999/92, art. 2

[^key-c62b9cfceb66290914105173c396a2f8]: Rule 2A inserted (29.3.1999) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1999 (S.R. 1999/62), rules 1(1), 3 (with rule 7); S.R. 1999/92, art. 2

[^key-9fcf4b246f707fe305d7cdd0fd977912]: Sch. 1 Forms F1-F8 substituted for Forms D8-D12 (29.3.1999) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1999 (S.R. 1999/62), rules 1(1), 6, Sch. (with rule 7); S.R. 1999/92, art. 2

[^key-df048e78603f34b4f2cfdae3bdecbad7]: Rule 1(2)(aaa) inserted (29.3.1999) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1999 (S.R. 1999/62), rules 1(1), 2(a) (with rule 7); S.R. 1999/92, art. 2

[^key-00d72902e391afa331f994c26f6786b6]: Rule 1(2)(d) inserted (29.3.1999) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1999 (S.R. 1999/62), rules 1(1), 2(b) (with rule 7); S.R. 1999/92, art. 2

[^key-a0edc5172f3463309876a5a8366ffcb3]: Words in rule 15(1) substituted (29.3.1999) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1999 (S.R. 1999/62), rules 1(1), 5 (with rule 7); S.R. 1999/92, art. 2

[^key-419e8ded2598703878d7248248c2567f]: Sch. 1 Form D3 substituted (6.11.2000) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 2000 (S.R. 2000/300), rules 1, 3, Sch. (with rule 2)

[^key-edef72aa91684c771cfc0b9bf119e230]: Rule 1(2)(aaa) renumbered as rule 1(2)(ab) (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 11(a) (with rule 22)

[^key-1ecf7b7e9246b28506279be330c91357]: Rule 1(2)(ac) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 11(b) (with rule 22)

[^key-2d9fd3f67faadfeeb33e5a4b00e76a78]: Words in rule 3 heading inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 12(a) (with rule 22)

[^key-b0130ca0a6b569b2ce5bcf954d97f769]: Rule 3(2A) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 12(c) (with rule 22)

[^key-17f6e0707b7387457f732cef333a5d7e]: Words in rule 3(1) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 12(b) (with rule 22)

[^key-e7b79a3b38c8fd0dc408adf036793036]: Words in rule 3(3) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 12(d) (with rule 22)

[^key-d02f1571098f323f97d0159e953e01be]: Words in rule 4 heading inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 13(a) (with rule 22)

[^key-bfcd99423ffb83f4802779b553286a8e]: Words in rule 4(1) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 13(b) (with rule 22)

[^key-5800aae787913c39139f3e3695bebfc8]: Words in rule 4(3) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 13(c) (with rule 22)

[^key-5cafec507616ba7738f1e6c00a21bd0a]: Words in rule 4(6) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 13(e) (with rule 22)

[^key-be69decb860152176cabe1c7c614924a]: Words in rule 4(4) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 13(d) (with rule 22)

[^key-c7291a6dfe251f49432155d082bf4bad]: Words in rule 5 heading inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 14(a) (with rule 22)

[^key-aeb958918abe0297466be15c9cb8fe71]: Rule 5(3A) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 14(c) (with rule 22)

[^key-83999d8e3abda1d12eff8f9b873a0747]: Words in rule 5(1) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 14(b) (with rule 22)

[^key-8e0a20467405c70b3e4f7694e057861d]: Words in rule 6 inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 15(a) (with rule 22)

[^key-e5abf8656b0babc8a272c3e4e2a17b30]: Word in rule 6 omitted (6.1.2006) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 15(b) (with rule 22)

[^key-947ddb98affb5ca8ce86a05fdef613d3]: Words in rule 6 inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 15(c) (with rule 22)

[^key-c535e6025d68513f8033749c09897475]: Word in rule 6 substituted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 15(d) (with rule 22)

[^key-ab00adb049d42e537798c87d18a4c2e3]: Words in rule 6 inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 15(e) (with rule 22)

[^key-f962c982922e94ec1b742b663e336761]: Words in rule 8(1) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 16 (with rule 22)

[^key-968c38064204ea153a720eeac4c89d91]: Words in rule 8A inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 17 (with rule 22)

[^key-a0acff3970b0ee329d2662c611e201d1]: Words in rule 9 inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 18(a) (with rule 22)

[^key-8de41090d045992dae9238a4f51a4d84]: Words in rule 9 inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 18(b) (with rule 22)

[^key-0e9474260536505b1287a61dd938a08e]: Words in rule 15 heading inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 19(a) (with rule 22)

[^key-13de1f94582a64c1c8619d76857c8ea0]: Rule 15(1A) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 19(b) (with rule 22)

[^key-e05d2c3bd413ba1b36e1f72f2f98c20f]: Words in rule 15(2) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 19(c) (with rule 22)

[^key-aded41d8b5cc7a93f05742e181d89c15]: Words in rule 15(4) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 19(d) (with rule 22)

[^key-72b4de60e28ce51ae7405b21aef2f431]: Words in rule 16(1) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 20(a) (with rule 22)

[^key-91ba9bc77148ddf0689be04d889c43c1]: Words in rule 16(2) inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 20(b) (with rule 22)

[^key-761af699911de2a665f58b51e9c170d4]: Words in Sch. 1 Form D2 heading substituted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(b)(i) (with rule 22)

[^key-d33387a2d844b70b725f80af7fdcac72]: Sch. 1 Form D2: the words “[Article 8 of the above-mentioned Order] [Part 2 of Schedule 16 to the above-mentioned Act]*” are substituted for “Article 8 of the above-mentioned Order” (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(b)(ii) (with rule 22)

[^key-8e9e920ca14c2ba7025c186ddd04a5b1]: Words in Sch. 1 Form D3 heading substituted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(c)(i) (with rule 22)

[^key-aa9d351f8651fe01965c7e5583fab0e9]: Words in Sch. 1 Form D3 title substituted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(c)(ii) (with rule 22)

[^key-5f0336af0f0bb7243040d5ab7d2c51d3]: Sch. 1 Form D3: the words “[Article 8 of the above-mentioned Order] [Part 2 of Schedule 16 to the above-mentioned Act]*” are substituted for “Article 8 of the above-mentioned Order” (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(c)(iii) (with rule 22)

[^key-f3dcbd86ba6fbbf3726b1d5f8e9c1b3a]: Words in Sch. 1 Form D3A heading substituted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(d) (with rule 22)

[^key-255a5a9d63c78f59cc69a0bd54ef4d45]: Words in Sch. 1 Form D4 heading substituted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(e)(i) (with rule 22)

[^key-f78f1ec12ecabe784d1f09e2fd9f5b16]: Sch. 1 Form D4: the words “[Article 9 of the above Order] [Part 3 of Schedule 16 to the above Act]*” are substituted for “Article 9 of the above Order” (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(e)(ii) (with rule 22)

[^key-554b78c6b8fcb322a882c1786249cad8]: Words in Sch. 1 Form D5 heading substituted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(f)(i) (with rule 22)

[^key-999d4ce0f6211d28a2c7503d75e1e5d9]: Words in Sch. 1 Form D5 title substituted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(f)(ii) (with rule 22)

[^key-69749b710a9857f54ca5d916e954d1c3]: Sch. 1 Form D5: the words “[Article 9 of the above Order] [Part 3 of Schedule 16 to the above Act]*” are substituted for “Article 9 of the above Order” (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(f)(iii) (with rule 22)

[^key-bcce3cb1d837277c039df8e4c01ea180]: Sch. 1 Form D5: the words “[Article 9(4)] [Paragraph 18 of Schedule 16 to the Act of 2004]*” are substituted for “Article 9(4)” (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(f)(iv) (with rule 22)

[^key-615d1ec2b2f46065089e73afa3e1d75b]: Sch. 1 Form D5: the words “[Article 4] [Part 1 of Schedule 16 to the Act of 2004]*” are substituted for “Article 4” (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(f)(v) (with rule 22)

[^key-0a6b74f52acbd0b57980b89083610b8d]: Sch. 1 Form D5: the words “[Article 9] [Paragraph 18 of Schedule 16 to the Act of 2004]*” are substituted for “Article 9” (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(f)(vi) (with rule 22)

[^key-00a784b9e48c326cfa3bda836840e5f6]: Words in Sch. 1 Form D6 heading substituted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(g)(i) (with rule 22)

[^key-3a3c7f0058cc5b9adade79e07f9105b9]: Sch. 1 Form D6: the words “[Article [4] [8] [9] of the above-mentioned Order] [Part [1] [2] [3] of Schedule 16 to the above-mentioned Act]*” are substituted for “Article [4] [8] [9] of the above-mentioned Order” (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(g)(ii) (with rule 22)

[^key-d4b59cf0bbe8be0c14f68e964a9bcb75]: Words in Sch. 1 Form D7 heading substituted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(h)(i) (with rule 22)

[^key-b374b17a5fcc0d5cda2b331b11f856b8]: Sch. 1 Form D7: the words “[Domestic Proceedings (Northern Ireland) Order 1980] [Civil Partnership Act 2004]*” are substituted for “Domestic Proceedings (Northern Ireland) Order 1980” (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(h)(ii) (with rule 22)

[^key-0101bf5aae2a3abe2307f74270084920]: Sch. 1 Form D7: at the end, the words “*Delete whichever is inappropriate.” are inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(h)(iii) (with rule 22)

[^key-e5fe6b8504b2db69147440cbcb4bc565]: Sch. 1 Form F2: in Note 4, the words “box 1, 4, 5 or 6” are substituted for “box 1, 4 or 5” (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(j)(i) (with rule 22)

[^key-8e13c6d895a3fdf632494c0172b65f1a]: Sch. 1 Form F2: the following words are substituted for “the length of time that has elapsed since the marriage was dissolved or annulled”(6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(j)(ii) (with rule 22): “where you and the applicant were married, the length of time that has elapsed since the marriage was dissolved or annulled where you and the applicant were civil partners, the length of time that has elapsed since the dissolution or annulment of the civil partnership”

[^key-c53c1200c108014a9682cc9520a5c8c2]: Sch. 1 Form F2: the words “or under Part 2 of Schedule 15 to the Civil Partnership Act 2004 (Property adjustment on or after dissolution, nullity or separation)” are inserted after “divorce proceedings etc.)” (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(j)(iii) (with rule 22)

[^key-e983c788e3f0328f05c7823ac64ec64d]: Sch. 1 Form F2: the words “or civil partners” are inserted after “husband and wife” (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(j)(iv) (with rule 22)

[^key-90d6e3f1911bad4905c1c24213a4d8a3]: Sch. 1 Form F3: the word “matrimonial” is omitted in each place it appears (6.1.2006) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(k) (with rule 22)

[^key-38392c2b6468bc7eeaefbda74008d9c4]: Sch. 1 Form D1A inserted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(a), Sch. 3 (with rule 22)

[^key-bfb95cc60c00a0ef04ec3d918baa8aa6]: Sch. 1 Form F1 substituted (6.1.2006) by The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005 (S.R. 2005/559), rules 1, 21(i), Sch. 4 (with rule 22)

[^key-b5ccc0ee1f30b7b4a03a5ffbd3b5abb2]: Rule 15A inserted (22.10.2007) by The Magistrates’ Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 2007 (S.R. 2007/398), rules 1, 2

[^key-f8ede797a5e836066682628165cc0267]: Words in rule 12A(2) inserted (2.9.2013) by The Magistrates’ Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 2013 (S.R. 2013/203), rules 1, 3 (with rule 2)

[^key-6ff1ef478ce8c3ead6e832c262e30d42]: Rule 15B inserted (28.11.2022) by The Magistrates’ Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/255), rules 1, 3; S.R. 2022/253, art. 2

[^key-ca72ce6a5c63a304f9ccd3b239161158]: Sch. 1 Form SM inserted (28.11.2022) by The Magistrates’ Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/255), rules 1, 4, Sch.; S.R. 2022/253, art. 2

Variation of means of payment order

8A

Where the clerk of petty sessions receives an application under Article 22A(2) of the Order or Article 86(4) of the 1981 Order or paragraph 36(1) of Schedule 16 to the Act of 2004 for the method of payment to be varied, he shall notify in writing, as soon as is practicable, any interested party of the result of the application, including any decision to refer the matter to the court.

Notice of court’s powers under the Children (Northern Ireland) Order 1995

Application for personal protection orders and exclusion orders

Interim personal protection orders and interim exclusion orders

Form of personal protection order and exclusion order

Notification of personal protection orders and exclusion orders

Proceedings against person outside Northern Ireland on application for variation or revocation of an order

Transfer of proceedings for order under Articles 4, 8, 9 or 18

Entries in the Order Book

Proceedings with respect to which a Resident Magistrate may discharge the functions of a court

2A

Where an application is made ex parte for an occupation order or a non-molestation order under the Order of 1998, a resident magistrate may discharge the functions of a court of summary jurisdiction.

Application under Article 4

Application for order under Article 8 (orders for payments agreed by parties)

Application for order under Article 9 (orders for payments where parties are living apart by agreement)

Lodgment of birth certificate

Respondents to application for order under Articles 22 or 22B

Form of order

Variation of means of payment order

Notice of court’s powers under the Children (Northern Ireland) Order 1995

Applications under the Order of 1998

Ex parte applications under the Order of 1998

10A

• (1) An application for an occupation order or a non-molestation order under the Order of 1998 may, with the leave of the court, be made ex parte and in which case—

• (a) Article 77(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (civil proceedings to be on complaint) and rule 10 shall not apply; and

• (b) the evidence in support of the application shall state the reasons why the application is made ex parte.

• (2) Where the leave of the court is granted, the application may be made orally and the applicant shall, within 48 hours of the making of the application or as directed by the court,—

• (a) file a written copy of the application in Form F1 together with any supporting statement with the clerk of petty sessions; and

• (b) serve a copy of the application in Form F1, together with any supporting statement on the respondent.

• (3) Service of any document referred to in paragraph (2)(b) may be effected—

• (a) if the respondent is not known to be acting by solicitor—

• (i) by delivering it to him personally, or

• (ii) by delivering it at, or by sending it by first class post, to his residence or his last known residence, or

• (b) if the respondent is known to be acting by solicitor—

• (i) by delivering the document at, or sending it by first class post to the solicitor’s address for service,

• (ii) where the solicitor’s address for service includes a numbered box at a document exchange, by leaving the document at that document exchange or at a document exchange which transmits documents on every business day to that document exchange, or

• (iii) by sending a legible copy of the document by facsimile transmission to the solicitor’s office.

• (4) Upon complying with paragraph (2)(b) the applicant shall file a statement in Form F4 and the statement shall indicate—

• (a) the manner, date, time and place of service, or

• (b) where service was effected by post, the date, time and place of posting.

• (5) Where the court refuses to make an order on an ex parte application it may direct that the application be made inter partes.

Notice of application under the Order of 1998 to Mortgagee or Landlord

10B

• (1) A copy of an application for an occupation order under Article 11, 13 or 14 of the Order of 1998 shall be served by the applicant by first-class post on the mortgagee or, as the case may be, the landlord of the dwelling-house in question together with a notice in Form F3 informing him of his right to make representations in writing or at any hearing.

• (2) Rule 10A(4) above shall apply, with the necessary modifications, to service under this rule.

Disclosure of address

10C

Rule 24 of the Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996 (disclosure of address) shall apply for the purpose of preventing the disclosure of addresses where an application is made in Form F1 as it applies for that purpose in proceedings under the Children (Northern Ireland) Order 1995.

Transfer of Proceedings under the Family Homes and Domestic Violence (Allocation of Proceedings) Order 1999

Hearing of applications under the Order of 1998

Notification of orders made under the Order of 1998

12A

• (1) Subject to paragraph (2) where a court makes either a non-molestation or an occupation order under the Order of 1998, the clerk of petty sessions shall cause a copy of the order to be served forthwith—

• (a) on the respondent personally, and

• (b) on the divisional commander of the police division in which the applicant is resident or in which any premises or any part of an area specified in the order are or is situated.

• (2) If the order is made on the consent of the parties, or the respondent is present when the court makes the order or is known to be represented by a solicitor or the court is satisfied by evidence on oath that prompt personal service on the respondent is impracticable, service may be effected in accordance with rule 10A(3)(a)(ii) or (b) above.

• (3) Where the application is for an occupation order under Article 11, 13 or 14 of the Order of 1998, a copy of any order made on the application shall be served by the applicant by first-class post on the mortgagee or, as the case may be, the landlord of the dwelling-house in question.

Applications to vary etc orders made under the Order of 1998

Proceedings against person outside Northern Ireland on application for variation or revocation of an order

Transfer of proceedings for order under Articles 4, 8, 9 or 18 of the Order or Parts 1, 2 or 3 of Schedule 16 to the Act of 2004

Entries in the Order Book

FORMS D8-D12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form F6

FAMILY HOMES AND DOMESTIC VIOLENCE (NORTHERN IRELAND) ORDER 1998

Form F7

OCCUPATION/NON-MOLESTATION ORDER

FAMILY HOMES AND DOMESTIC VIOLENCE (NORTHERN IRELAND) ORDER 1998

Form F8

APPLICATION TO VARY, EXTEND OR DISCHARGE AN ORDER

FAMILY HOMES AND DOMESTIC VIOLENCE (NORTHER IRELAND) ORDER 1998

Application under Article 4 of the Order or Part 1 of Schedule 16 to the Act of 2004

Application for order under Article 8 of the Order or Part 2 of Schedule 16 to the Act of 2004 (orders for payments agreed by parties)

Application for order under Article 9 of the Order or Part 3 of Schedule 16 to the Act of 2004 (orders for payments where parties are living apart by agreement)

FORM D13

DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

(Article 26(2): Rule 14(2))

Evidence by video link or other method

15A

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

Entries in the Order Book

Special measures direction relating to a person who is, or is at risk of, being subjected to abusive behaviour

15B

• (1) The domestic proceedings to which this rule applies are proceedings under one or more of the following:

• (a) the Order;

• (b) Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;

• (c) the Children (Northern Ireland) Order 1995;

• (d) the Order of 1998; and

• (e) Schedule 16 to the Act of 2004.

• (2)

• (a) In this rule—

• “the Act of 2021” means the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;

• “abusive behaviour” has the same meaning as in section 2 (as read with section 3(2)) and section 4 of the Act of 2021;