The Family Proceedings Rules 1991

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

• (iii) in any other case, on the person with whom the patient resides or in those care he is:

• Provided that the court may order that a document which has been, or is to be, served on the person under disability or on a person other than one mentioned in sub-paragraph (a) or (b) shall be deemed to be duly served on the person under disability.

• (2) Where a document is served in accordance with paragraph (1) it shall be indorsed with a notice in Form M24; and after service has been effected the person at whose instance the document was served shall, unless the Official Solicitor is the guardian ad litem of the person under disability or the court otherwise directs, file an affidavit by the person on whom the document was served stating whether the contents of the document were, or its purport was, communicated to the person under disability and, if not, the reasons for not doing so.

Petition for nullity on ground of mental disorder

9.4

• (1) Where a petition for nullity has been presented on the ground that at the time of the marriage the respondent was suffering from mental disorder within the meaning of the Mental Health Act 1983 of such a kind or to such an extent as to be unfitted for marriage, then, whether or not the respondent gives notice of intention to defend, the petitioner shall not proceed with the cause without the leave of the district judge.

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

Separate representation of children

9.5

• (1) Without prejudice to rule 2.57, if in any family proceedings it appears to the court that any child ought to be separately represented, the court may appoint—

• (a) the Official Solicitor, or

• (b) some other proper person,

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

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

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

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

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

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

• (5) Unless otherwise directed, a person appointed under this rule or rule 2.57 to be the guardian ad litem of a child in any family proceedings shall be treated as a party for the purpose of any provision of these rules requiring a document to be served on or notice to be given to a party to the proceedings.

PART X — PROCEDURE (GENERAL)

Application

10.1

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

Service on solicitors

10.2

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

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

• (b) where that address includes a numbered box at a document exchange, at that document exchange or at a document exchange which transmits documents every business day to that document exchange; or

• (c) by FAX (as defined by RSC Order 1, rule 4(1)) in accordance with the provisions of RSC Order 65, rule 5(2B)[^f00076].

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

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

Service on person acting in person

10.3

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

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

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

Service by bailiff in proceedings in principal registry

10.4

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

Proof of service by officer of court etc.

10.5

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

• (2) Without prejudice to section 133 of the County Courts Act 1984[^f00077] (proof of service of summonses etc) a record made pursuant to paragraph (1) shall be evidence of the facts stated therein.

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

Service out of England and Wales

10.6

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

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

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

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

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

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

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

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

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

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

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

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

Mode of giving notice

10.7

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

Notice of intention to defend

10.8

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

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

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

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

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

Mode of making applications

10.9

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

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

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

Orders for transfer of family proceedings

10.10

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

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

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

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

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

• (b) consented to such an order.

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

• (6) Paragraphs (4) and (5) shall apply with the necessary modifications to an order for the transfer of family proceedings under section 38[^f00078] or 39 of the Act of 1984 as they apply to an order under paragraph (1) or (2) of this rule.

• (7) Paragraphs (4) and (5) shall not apply where the court makes an order for transfer under paragraphs (1), (2) or (3) in compliance with the provisions of any Order made under Part I of Schedule 11 to the Children Act 1989[^f00079].

Procedure on transfer of cause or application

10.11

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

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

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

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

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

Evidence by affidavit

10.12

On any application made—

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

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

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

Taking of affidavit in county court proceedings

10.13

In relation to family proceedings pending or treated as pending in a divorce county court, section 58(1) of the County Courts Act 1984 [^f00080] shall have effect as if after paragraph (c) there were inserted the following words—

or (d) a district judge of the principal registry; or (e) any officer of the principal registry authorised by the President under section 2 of the Commissioners for Oaths Act 1889[^f00081]; or (f) any clerk in the Central Office of the Royal Courts of Justice authorised to take affidavits for the purposes of proceedings in the Supreme Court.

Evidence of marriage outside England and Wales

10.14

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

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

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

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

• (3) This rule shall not be construed as precluding the proof of marriage in accordance with the Evidence (Foreign, Dominion and Colonial Documents) Act 1933[^f00082] or in any other manner authorised apart from this rule.

Official shorthand note etc of proceedings

10.15

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

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

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

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

• (5) Any party, any person who has intervened in a cause, the Queen’s Proctor or, where a declaration of parentage has been made under section 56(1)(a) of the Act of 1986[^f00083], the Registrar General shall be entitled to require from the shorthand writer a transcript of the shorthand note, and the shorthand writer shall, at the request of any person so entitled, supply that person with a transcript of the whole or any part of the note on payment of the shorthand writer’s charges authorised by any scheme in force providing for the taking of official shorthand notes of legal proceedings.

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

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

Copies of decrees and orders

10.16

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

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

Service of order

10.17

• (1) Where an order made in family proceedings has been drawn up, the proper officer of the court where the order is made shall, unless otherwise directed, send a copy of the order to every party affected by it.

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

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

• (4) This rule is without prejudice to RSC Order 45, rule 7 (which deals with the service of an order to do or abstain from doing an act), CCR Order 29, rule I (which deals with orders enforceable by committal) and any other rule or enactment for the purposes of which an order is required to be served in a particular way.

No notice of intention to proceed after year’s delay

10.18

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

Filing of documents at place of hearing etc.

10.19

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

Inspection etc of documents retained in court

10.20

• (1) Subject to rule 10.21, a party to any family proceedings or his solicitor or the Queen’s Proctor or a person appointed under rule 2.57 or 9.5 to be the guardian ad item of a child in any family proceedings may have a search made for, and may inspect and bespeak a copy of, any document filed or lodged in the court office in those proceedings.

• (2) Any person not entitled to a copy of a document under paragraph (1) above who intends to make an application under the Hague Convention (as defined in section 1(1) of the Child Abduction and Custody Act 1985[^f00084]) in a Contracting State (as defined in section 2 of that Act) other than the United Kingdom shall, if he satisfies the district judge that he intends to make such an application, be entitled to obtain a copy bearing the seal of the court of any order relating to the custody of the child in respect of whom the application is to be made.

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

Disclosure of addresses

10.21

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

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

Practice to be observed in district registries and divorce county courts

10.22

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

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

Transitional Provisions

10.23

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

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

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

• (4) Nothing in this rule shall be taken as prejudicing the operation of the provisions of the Interpretation Act 1978[^f00085] as regards the effect of repeals.

• (5) Without prejudice to the generality of paragraph (1) above (and for the avoidance of doubt) rule 2.39 shall not apply to any proceedings which are pending within the meaning of paragraph 1(1) of Schedule 14 to the Children Act 1989[^f00086].

APPENDIX I— — Forms

Form M1.

Form M2 — General Heading of Proceedings

Form M3 — Certificate with Regard to Reconciliation

Form M4

Form M5

Form M6

Form M7(a)

Form M7(b)

Form M7(c)

Form M7(d)

Form M7(e)

Form M8

Form M9

Form M10

Form M11

Form M12

Form M13

Form M14

Form M15

Form M16

Form M17

Form M18

Form M19

Form M20

Form M21

Form M22

Form M23

Form M24

Form M25

Form M26

Form M27

Form M28

Form M29

Form M30

Form M31

CHA 1

CHA 2

CHA 3

CHA 4

CHA 5

CHA 6

CHA 7

CHA 8

CHA 9

CHA 10

CHA 10A

CHA 10D

CHA 11

CHA 11A

CHA 12

CHA 13

CHA 13A

CHA 14

CHA 15

CHA 16

CHA 17

CHA 18

CHA 19

CHA 20

CHA 21

CHA 22

CHA 23

CHA 24

CHA 25

CHA 26

CHA 27

CHA 28

CHA 29

CHA 30

CHA 31

CHA 32

CHA 33

CHA 34

CHA 35

CHA 36

CHA 37

CHA 38

CHA 39

CHA 40

CHA 41

CHA 42

CHA 43

CHA 44

CHA 45

CHA 46

CHA 47

CHA 47A

CHA 48

CHA 49

CHA 50

CHA 51

CHA 52

CHA 53

CHA 54

CHA 55

CHA 56

CHA 57

CHA 58

CHA 59

APPENDIX 2 — CONTENTS OF PETITION

(Unless otherwise directed under rule 2.3)

1

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (i) the nature of the proceedings,

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

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

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

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

• (ii) the date when they were begun,

• (iii) the names of the parties,

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

• (v) such other facts as may be relevant to the question whether the proceedings on the petition should be stayed under Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973[^f00087];

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,

• (k) where the fact on which the petition is based is five 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;

• (l) in the case of a petition for divorce, that the marriage has broken down irretrievably;

• (m) the fact alleged by the petitioner for the purposes of section 1(2) of the Act of 1973[^f00088] 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;

• (n) any further or other information required by such of the following paragraphs and by rule 3.11 as may be applicable.

2

A petition for a decree of nullity under section 12(e) or (f) of the Act of 1973 shall state whether the petitioner was at the time of the marriage ignorant of the facts alleged.

3

A petition for a decree of presumption of death and dissolution of marriage shall state:—

• (a) the last place at which the parties to the marriage cohabited;

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

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

• (d) 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 application for an order under any provision of Part I or Part II of the Children Act 1989[^f00089] with respect to a child of the family, any claim for costs and any application for ancillary relief which it is intended to claim;

• (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, where the petitioner sues by a solicitor, shall be the solicitor’s name or firm and address. Where the petitioner, although suing in person, is receiving legal advice from a solicitor, the solicitor’s name or firm and address may be given as the address for service if he agrees. In any other case, the petitioner’s address for service shall be the address of any place in England or Wales to which documents for the petitioner 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 4.4(1)(b)	Persons to whom notice is to be given	Respondents
All applications	See separate entries below.	Subject to separate entries below— local authority providing accomodation for the child; in the case of proceedings brought in respect of a child who is alleged to be staying in a refuge which is certificated under section 51(1) or (2), the person who is providing the refuge.	Subject to separate entries below— persons who are caring for the child at the time when the proceedings are commenced; every person whom the applicant believes to have parental responsibility 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.
Section 8.	21 days.	As for “all applications” above, and: in the case of an application for a section 8 order, every person whom the 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 proceedings in respect of the same child, or to be a person with whom the child has lived for at least 3 years prior to the application, unless, in a case to which (i) or (ii) applies, the applicant believes that the court order or pending proceedings are not relevant to the application.	As for “all applications” above.
Section 4(1)(a), 4(3), 5(1), 6(7), 13(1), 16(6), 33(7), Schedule 1, paragraph 19(1) of Schedule 2, or paragraph 11(3) or 16(5) of Schedule 14.	14 days.	As for “all applications” above, and: in the case of an application under paragraph 19(1) of Schedule 2, the parties to the proceedings leading to the care order; in the case of an application under section 5(1), the father of the child if he does not have parental responsibility.	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 the proceedings; in the case of an application under paragraph 11(3)(b) or 16(5) of Schedule 14, any person, other than the child, named in the order or directions which it is sought to discharge or vary.
Section 36(1), 39(1), 39(2), 39(3), 39(4), 43(1), or paragraph 6(3), 15(2) or 17(1) of Schedule 3.	7 days.	As for “all applications” above, and: in the case of an application for an order under section 43(1)— every person whom the applicant believes to be a parent of the child. every person whom the applicant believes to be caring for the child, every person in whose favour a contact order is in force with respect to the child, and every person who is allowed to have contact with the child by virtue of an order under section 34.	As for “all applications” above, and: in the case of an application under section 39(2) or (3), the supervisor; in the case of proceedings under paragraph 17(1) of Schedule 3, the local education authority concerned; in the case of proceedings under section 36 or paragraph 15(2) or 17(1) of Schedule 3, the child.
Section 31, 34(2), 34(3), 34(4), 34(9) or 38(8)(b).	3 days.	As for “all applications” above, and: in the case of an application under section 31— every person whom the applicant believes to be a party to pending relevant proceedings in respect of the same child, and every person whom the applicant believes to be a parent without parental responsibility for the child.	As for “all applications” above, and: in the case of an application under section 34, the person whose contact with the child is the subject of the application.
Section 43(12).	2 days.	Those of the persons referred to in section 43(11)(a) to (e) who were not party to the application for the order which it is sought to have varied or discharged.	As for “all applications” above.
Section 25, 44(1), 44(9)(b), 45(4), 45(8), 46(7), 48(9) or 50(1).	1 day.	As for “all applications” above, and: in the case of an application under section 44(1), every person whom the applicant believes to be a child; in the case of an application under section 44(9)(b)— the local authority in whose area the child is living, and any person whom the applicant believes to be affected by the direction which it is sought to have varied.	As for “all applications” above, and: in the case of an application under section 44(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; and any 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 section 50, 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.

Signed

Mackay of Clashfern C — Stephen Brown P — Thorpe J — Roy Ward — Marian F. Norrie — Gerald Angel — W. K. Wills — James Holman — Hugh Morgan — Michael Churchouse — John Appleby — Dated 1st May 1991

Explanatory note

(This Note is not part of the rules)

These rules are the first Family Proceedings Rules, made under section 40 of the Matrimonial and Family Proceedings Act 1984. They regulate family proceedings in the High Court and the county courts.

These rules replace the Matrimonial Causes Rules 1977 and certain of the Rules of the Supreme Court 1965 (notably Orders 90 and 105) and of the County Court Rules 1981 (notably Order 47). They also contain a section (Part IV) regulating new business which will arise under the Children Act 1989.

Parts I to 111 and V to X and Appendix 2 largely reproduce existing provisions, with amendments consequential upon the Children Act 1989, in particular a new procedure is established regulating compliance with section 41 of the Matrimonial Causes Act 1973 following the revision of that section by the 1989 Act (rules 2.2(2) and 2.39). Certain other changes have been made:

• (a) it is no longer necessary, in a case where a divorce or judicial separation petition alleges that the respondent has committed adultery, for the co-respondent to be named in the petition even if his identity is known to the petitioner (rule 2.7(1));

• (b) rule 2.64(3) allows courts to order possession of a property which they have ordered to be sold;

• (c) rule 8.1(2), governing appeals from a district judge in ancillary relief applications, provides for the appeal to be on stated grounds.

Part IV (Proceedings under the Children Act 1989) provides generally for those proceedings and, in particular:

• (a) requires notice of the proceedings to be given to persons who have an interest but may not wish or need to be joined-such as persons caring for the child or fathers of children who do not have parental responsibility for them. They can then apply to be joined (Rule 4.7 and Appendix 3);

• (b) enables the court to control the timetable of the proceedings. A date for the next hearing is set at any adjournment or postponement and at the conclusion of interlocutory stages. In addition, when a case is transferred to a county court, that court must fix the date for a hearing or directions appointment forthwith (Rule 4.15);

• (c) requires the parties to exchange in advance written statements of the substance of the oral evidence which they propose to adduce, and copies of documents upon which they propose to rely (Rule 4.17);

• (d) by a requirement for leave enables the court to control medical and psychiatric examinations of the child for the purpose of obtaining expert evidence for the proceedings (Rule 4.18);

• (e) sets out the details of the role to be played by guardians ad litem appointed under section 41 of the Children Act 1989 (Rule 4.11).

Appendix I prescribes the forms to be used in family proceedings. These are taken from the forms prescribed by the Matrimonial Causes Rules 1977, revised and updated and prefixed “M”, with the addition of new forms to deal with business arising under the Children Act 1989, prefixed “CHA”.

Footnotes

[^f00001]: 1984 c. 42.

[^f00002]: 1973 c. 18.

[^f00003]: 1984 c. 42.

[^f00004]: 1986 c. 55.

[^f00005]: 1989 c. 41.

[^f00006]: Section 19 was repealed in part by the Domicile and Matrimonial Proceedings Act 1973 (c. 45), section 17(2) and Schedule 6.

[^f00007]: Section 52(1) was applied by section 27 of the Matrimonial and Family Proceedings Act 1984 (c. 42). No other applications, or any other repeals or amendments are relevant to these rules.

[^f00008]: Section 33A was inserted by section 7 of the Matrimonial and Family Proceedings Act 1984 (c. 42).

[^f00009]: The only relevant amendment is made by section 63(3) of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

[^f00010]: Section 31 was amended by section 8(2) of the Matrimonial Homes and Property Act 1981 (c. 24), section 51 of the Administration of Justice Act 1982 (c. 53) and section 6 of the Matrimonial and Family Proceedings Act 1984 (c. 42).

[^f00011]: S.I. 1981/1687.

[^f00012]: S.I. 1965/1776.

[^f00013]: 1984 c. 28.

[^f00014]: 1971 c. 80.

[^f00015]: Section 41 was substituted by the Children Act 1989 (c. 41), Schedule 12, paragraph 31.

[^f00016]: 1968 c. 64. Section 11 was amended by the Powers of Criminal Courts Act 1973 (c. 62), Schedule 5, paragraph 31 and section 12 was amended by the Family Law Reform Act 1987 (c. 42), section 29.

[^f00017]: Section 12(d) was amended by the Mental Health Act 1983 (c. 20), Schedule 4, paragraph 34.

[^f00018]: 1973 c. 45.

[^f00019]: 1968 c. 64.

[^f00020]: Section 41 was substituted by the Children Act 1989 (c. 41), Schedule 12, paragraph 31.

[^f00021]: Section 41 was substituted by the Children Act 1989 (c. 41), Schedule 12, paragraph 31.

[^f00022]: 1969 c. 58, section 12(2)(b) and 8 were repealed in part by the Courts Act 1971 (c. 23), Schedule 11, Part IV. Section 12(2)(a) was repealed in part by the Supreme Court Act 1981 (c. 54), Schedule 7.

[^f00023]: Section 23 was amended by section 16 of the Administration of Justice Act 1982 (c. 53) and extended by section 21(a) of the Matrimonial and Family Proceedings Act 1984 (c. 42). Section 24 was amended by section 46(1) and Schedule 1, paragraph 11, and extended by section 21(b) of the Matrimonial and Family Proceedings Act 1984. Section 24A was added by section 7 of the Matrimonial Homes and Property Act 1981 (c. 24).

[^f00024]: Section 27 was amended by the Domicile and Matrimonial Proceedings Act 1973 (c. 45), sections 6(1), the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), section 89 and Schedule 3, the Matrimonial and Family Proceedings Act 1984 (c. 42), sections 4 and 46(1) and Schedule 1, paragraph 12 and the Family Law Reform Act 1987 (c. 42), Schedule 2, paragraph 52.

[^f00025]: Section 35 was amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), Schedule 1, paragraph 13.

[^f00026]: Section 36 was amended by section 26(1) of the Inheritance (Provision for Family and Dependants) Act 1975 (c. 63) and S.I. 1981/1636.

[^f00027]: 1975 c. 63.

[^f00028]: amended by S.I. 1966/1055, 1970/1861, 1975/911, 1977/960 and 1955, 1979/402, and 1716, 1986/1187 and 1990/1689.

[^f00029]: 1882 c. 75; section 17 was amended by section 43 of the Matrimonial and Family Proceedings Act 1984 (c. 42) and repealed in part by the Statute Law (Repeals) Act 1969 (c. 52).

[^f00030]: Section 38 was amended by the Matrimonial Proceedings (Transfers) Act 1988 (c. 18), section 1(1) and the Children Act 1989 (c. 41), Schedule 13, paragraph 51.

[^f00031]: 1983 c. 19. Section 1 was amended by the Housing (Consequential Provisions) Act 1985 (c. 71), Schedule 2, paragraph 56 and the Housing Act 1988 (c. 50).

[^f00032]: 1967 (c. 75), Schedule 17, paragraph 33.

[^f00033]: 1976 c. 50.

[^f00034]: S.I. 1965/1776.

[^f00035]: 1978 c. 22.

[^f00036]: Section 28 was amended by the Matrimonial Homes Act 1983 (c. 19), section 12 and Schedule 2.

[^f00037]: 1973 c. 18 section 47(2) was amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), Schedule 2, paragraph 39 and the Family Law Act 1986 (c. 55), Schedule 1, paragraph 14.

[^f00038]: 1973 c. 45, Schedule 1, paragraph 11 was amended by section 8(3) of the Matrimonial Homes and Property Act 1981 (c. 24).

[^f00039]: Section 56(1)(a) was substituted by section 22 of the Family Law Reform Act 1987 (c. 42).

[^f00040]: 1976 c. 36.

[^f00041]: Section 22 was amended by the Housing Act 1988 (c. 50), Schedule 17, paragraph 36.

[^f00042]: 1949 c. 76; section 3 was amended by sections 2(2) and 2(3) of the Family Law Reform Act 1969 (c. 46), the Children Act 1975 (c. 72), Schedule 3, paragraph 7, the Family Law Reform Act 1987 (c. 42), Schedule 2, paragraph 9, and the Children Act 1989 (c. 41), Schedule 12, paragraph 5.

[^f00043]: 1944 c. 31 (7 & 8 Geo. 6); relevant amendments are made by paragraphs 8 to 10 of Schedule 13 to the Children Act 1989.

[^f00044]: 1981 c. 54.

[^f00045]: 1985 c. 60.

[^f00046]: S.I. 1965/1776.

[^f00047]: Section 20(2) was amended by paragraph 21 of Schedule 1 to the Family Law Act 1986 (c. 55).

[^f00048]: 1968 c. 49.

[^f00049]: Section 27 was amended by the Domicile and Matrimonial Proceedings Act 1973 (c. 45), section 6(1), the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), sections 63 and 89(2) and Schedule 3, the Matrimonial and Family Proceedings Act 1984 (c. 42), sections 41 and 46(1) and Schedule 1, paragraph 12 and the Family Law Reform Act 1987 (c. 42), Schedule 2, paragraph 52.

[^f00050]: 1984 c. 28.

[^f00051]: 1971 c. 32.

[^f00052]: 1984 c. 28.

[^f00053]: Section 118(1)(i) was repealed in part by the Statute Law (Repeals) Act 1986 (c. 12), Schedule 1, Part I.

[^f00054]: 1869 c. 62. Section 5(b) was repealed by the Bankruptcy Act 1883 (c. 52), Schedule 5. Section 5 was extended by section 40 of the Administration of Justice Act 1956 (c. 46) bul restricted by section 11 of the Administration of Justice Act 1970 (c. 31).

[^f00055]: 1986 c. 55.

[^f00056]: 1920 c. 33.

[^f00057]: 1950 c. 37.

[^f00058]: 1958 c. 39.

[^f00059]: 1965 c. 72.

[^f00060]: 1971 c. 32.

[^f00061]: 1972 c. 18.

[^f00062]: Section 16 was amended by the Matrimonial Causes Act 1973 (c. 18), Schedule 2, paragraph 3(1)(a), the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), Schedule 13, paragraph 13, the Child Care Act 1980 (c. 5), Schedule 5, paragraph 3, the Matrimonial and Family Proceedings Act 1984 (c. 42), Schedule 1, paragraph 1(a) and the Family Law Reform Act 1987 (c. 42), Schedule 2, paragraph 12(b), Schedule 3, paragraph 1 and Schedule 4. Subsection 2(a)(iii) and (v) have been prospectively amended by paragraph 35 of Schedule 16 to the Courts and Legal Services Act 1990 (c. 41), Schedule 16, paragraph 35.

[^f00063]: Section 24(1) was amended by the Administration of Justice Act 1977 (c. 38), Schedule 3, paragraph 9 and the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedule 12, Part III, paragraph 1(1)(4).

[^f00064]: Section 23(1)(a) was substituted by the Administration of Justice Act 1977 (c. 38), Schedule 3, paragraph 8.

[^f00065]: Section 2(5) was amended by the Administration of Justice Act 1970 (c. 31), section 54(3) and Schedule 11, the Guardianship of Minors Act 1971 (c. 3), section 18(1) and Schedule 1, the Magistrates' Courts Act 1980 (c. 43), Schedule 7, paragraph 24 and the Family Law Reform Act 1987 (c. 42), section 33(4) and Schedule 4.

[^f00066]: S.I. 1965/1776.

[^f00067]: Section 4(7) was amended by the Administration of Justice Act 1970 (c. 31), section 32 and Schedule 5, Part IV.

[^f00068]: 1978 c. 22.

[^f00069]: Section 5 was amended by the Administration of Justice Act 1977 (c. 38), Schedule 3, paragraph 4.

[^f00070]: Section 2 was amended by the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedule 11, paragraphs 8 and 9.

[^f00071]: Section 5 was amended by section 54 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

[^f00072]: Section 14 was amended by the Magistrates' Courts Act 1980 (c. 43), Schedule 7, paragraph 105.

[^f00073]: 1978 c. 22.

[^f00074]: 1983 c. 20.

[^f00075]: 1989 c. 41.

[^f00076]: Rule 5(2B) was inserted by S.I. 1990/2599.

[^f00077]: 1984 c. 28.

[^f00078]: Section 38 was amended by section 1(1) of the Matrimonial Proceedings (Transfers) Act 1988 (c. 18).

[^f00079]: 1989 c. 41.

[^f00080]: 1984 c. 28 section 58(1) was amended by the Administration of Justice Act 1985 (c. 61), Schedule 7, paragraph 8 and Schedule 8.

[^f00081]: 1889 c. 10.

[^f00082]: 1933 c. 4.

[^f00083]: Section 56(1)(a) was substituted by section 22 of the Family Law Reform Act 1987 (c. 42).

[^f00084]: 1985 c. 60.

[^f00085]: 1978 c. 30.

[^f00086]: 1989 c. 41.

[^f00087]: 1973 c. 45, as amended by 1981 c. 24.

[^f00088]: 1973 c. 18.

[^f00089]: 1989 c. 41.