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The Family Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-12-13

Last updated 2026-09-29

State In force

Department Statute Law Database

Source legislation.gov.uk

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These rules provide a new code of procedure for family proceedings in the High Court, county courts and magistrates' courts, and replace existing rules of court for family proceedings. The principal rules being replaced are the Family Proceedings Rules 1991, the Family Procedure (Adoption) Rules 2005 and, in so far as they relate to family proceedings, the Family Proceedings Courts (Children Act 1989) Rules 1991, the Family Proceedings (Matrimonial Proceedings etc) Rules 1991, and rules relating to the reciprocal enforcement of maintenance orders, in particular the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974.

Reform history JSON API

(1) Copies of the interim charging order, the application and any documents filed in support of it must, not less than 21 days before the hearing, be served by the creditor on the persons listed in paragraph (3).

(2) The creditor must either—

(a) file a certificate of service in relation to each person served not less than 2 days before the hearing; or

(b) produce a certificate of service at the hearing.

(3) The persons to be served in accordance with paragraph (1) are—

(a) the debtor;

(b) if the order relates to an interest in land, any co-owner;

(d) such other creditors as are identified in the application or as the court directs;

(e) if the order relates to an interest under a trust, on such of the trustees as the court directs; and

(f) if the interest charged is securities, then—

(i) in the case of stock for which the Bank of England keeps the register, the Bank of England;

(ii) in the case of government stock to which sub-paragraph (f)(i) does not apply, the keeper of the register;

(iii) in the case of stock of any body incorporated within England and Wales, that body;

(iv) in the case of stock of any body incorporated outside England and Wales or of any state or territory outside the United Kingdom, which is registered in a register kept in England and Wales, the keeper of that register; and

(v) in the case of units of any unit trust in respect of which a register of the unit holders is kept in England and Wales, the keeper of that register.

Effect of interim charging order in relation to securities

40.7

(1) If a debtor disposes of their interest in any securities while they are subject to an interim charging order which has been served on them, that disposition will not, so long as that order remains in force, be valid as against the creditor.

(2) A person served under rule 40.6(3)(f) with an interim charging order relating to securities must not, unless the court gives permission—

(a) permit any transfer of any of the securities; or

(b) pay any dividend, interest or redemption payment relating to them.

(3) If a person acts in breach of paragraph (2), that person will be liable to pay to the creditor—

(a) the value of the securities transferred or the amount of the payment made (as the case may be); or

(b) if less, the amount necessary to satisfy the debt in relation to which the interim charging order was made.

Further consideration of the application

40.8

(1) If any person objects to the court making a final charging order, that person must—

(a) file; and

(b) serve on the creditor,

written evidence stating the grounds of objection, not less than 7 days before the hearing.

(2) At the hearing, the court may—

(a) make a final charging order confirming that the charge imposed by the interim charging order continues, with or without modification;

(b) discharge the interim charging order and dismiss the application;

(c) decide any issues in dispute between the parties, or between any of the parties and any other person who objects to the court making a final charging order;

(d) direct a trial of any such issues, and if necessary give directions; or

(e) make such other order as the court considers appropriate.

(3) If the court makes a final charging order which charges securities, the order must include a stop notice unless the court otherwise orders.

(Chapter 4 of this Part contains provision about stop notices.)

(4) Any order made at the hearing must be served by the creditor on all the persons on whom the interim charging order was served.

Discharge or variation of order

40.9

(1) Where an application is made to discharge or vary a charging order, the court may direct that—

(a) any interested person be joined as a party to such an application; or

(b) the application be served on any such person.

(2) An order discharging or varying a charging order must be served, by the person who applied for that order, on all the persons on whom the charging order was required to be served.

CHAPTER3 — STOP ORDERS

Interpretation

40.10

In this Chapter, “stop order” means an order of the High Court not to take, in relation to securities specified in the order, any of the steps listed in section 5(5) of the 1979 Act.

Application for a stop order

40.11

(1) The High Court may make a stop order relating to securities, on the application of any person claiming to be beneficially entitled to an interest in the securities.

(2) An application for a stop order must be made—

(a) by application in existing proceedings; or

(b) by a Part 19 application if there are no existing proceedings in the High Court.

(3) The application must be served on—

(a) every person whose interest may be affected by the order applied for; and

(b) the person specified in rule 40.6(3)(f).

Stop order relating to securities

40.12

(1) A stop order relating to securities may prohibit all or any of the following steps—

(a) the registration of any transfer of the securities;

(b) the making of any payment by way of dividend, interest or otherwise in respect of the securities; and

(c) in the case of units of a unit trust, any acquisition of, or other dealing with, the units by any person or body exercising functions under the trust.

(2) The order must specify—

(a) the securities to which it relates;

(b) the name in which the securities stand;

(d) whether the prohibition applies to the securities only or to the dividends or interest as well.

Variation or discharge of order

40.13

(1) The court may, on the application of any person claiming to have a beneficial interest in the securities to which a stop order relates, make an order discharging or varying the order.

(2) An application seeking the variation or discharge of a stop order must be served on the person who obtained the order.

CHAPTER4 — STOP NOTICES

General

40.14

In this Chapter, “stop notice” means a notice issued by the court which requires a person or body not to take, in relation to securities specified in the notice, any of the steps listed in section 5(5) of the 1979 Act, without first giving notice to the person who obtained the notice.

Request for a stop notice

40.15

(1) The High Court may, on the request of any person claiming to be beneficially entitled to an interest in securities, issue a stop notice.

(A stop notice may also be included in a final charging order, by either the High Court or the family court under rule 40.8(3).)

(2) A request for a stop notice must be made by filing—

(a) a draft stop notice; and

(b) written evidence which—

(i) identifies the securities in question;

(ii) describes the applicant’s interest in the securities; and

(iii) gives an address for service for the applicant.

(A sample form of stop notice is annexed to Practice Direction 40A.)

(3) If a court officer considers that the request complies with paragraph (2), the court officer must issue a stop notice.

(4) The applicant must serve copies of the stop notice and the applicant’s written evidence on the person to whom the stop notice is addressed.

Effect of a stop notice

40.16

(1) A stop notice—

(a) takes effect when it is served in accordance with rule 40.15(4); and

(b) remains in force unless it is withdrawn or discharged in accordance with rule 40.18 or 40.19.

(2) While a stop notice is in force, the person on whom it is served—

(a) must not—

(i) register a transfer of the securities described in the notice; or

(ii) take any other step restrained by the notice,

without first giving 14 days’ notice to the person who obtained the stop notice; but

(b) must not, by reason only of the notice, refuse to register a transfer or to take any other step, after the person has given 14 days’ notice under paragraph (2)(a) and that period has expired.

Amendment of a stop notice

40.17

(1) If any securities are incorrectly described in a stop notice which has been obtained and served in accordance with rule 40.15, the applicant may request an amended stop notice in accordance with that rule.

(2) The amended stop notice takes effect when it is served.

Withdrawal of a stop notice

40.18

(1) A person who has obtained a stop notice may withdraw it by serving a request for its withdrawal on—

(a) the person or body on whom the stop notice was served; and

(b) the court which issued the stop notice.

(2) The request must be signed by the person who obtained the stop notice, and that person’s signature must be witnessed by a practising solicitor.

Discharge or variation of a stop notice

40.19

(1) The court may, on the application of any person claiming to be beneficially entitled to an interest in the securities to which a stop notice relates, make an order varying or discharging the notice.

(2) An application to discharge or vary a stop notice must be made to the court which issued the notice.

(3) The application must be served on the person who obtained the stop notice.

Practice Direction

40.20

Practice Direction 40A makes provision for the procedure to be followed when applying for an order under section 23 of the Partnership Act 1890.

PART41 — PROCEEDING BY ELECTRONIC MEANS

Provision for proceeding by electronic means

41.1

(1) A practice direction may make provision for proceedings to proceed by electronic means.

(2) Proceedings proceed by electronic means if they are—

(a) created;

(b) started;

(d) disposed of,

by electronic means.

(3) The practice direction may, in particular—

(a) specify the types of proceedings which may proceed by electronic means;

(b) specify the conditions which must be met before proceedings may proceed by electronic means;

(d) specify any requirements that must be fulfilled for any document to be filed by electronic means; and

(e) provide for how any fee payable in respect of a document filed by electronic means is to be paid.

(4) The practice direction may disapply or modify these Rules or any other practice direction supporting these Rules in relation to cases to which the practice direction applies.

(5) These Rules and any other practice direction supporting these Rules apply—

(a) subject to the provisions of a practice direction made pursuant to paragraph (1); and

(b) as modified in accordance with paragraph (3).

(6) In this Part—

“document” means anything in which information of any description is recorded and includes, but is not limited to, an application, a notice, a statement or a letter; and

“proceedings” includes one or more aspects of proceedings.

GLOSSARY

This glossary is a guide to the meaning of certain legal expressions as used in these rules, but it does not give the expressions any meaning in the rules which they do not otherwise have in the law.

*Expression*	*Meaning*

Affidavit	A written, sworn, statement of evidence.
Cross-examination	Questioning of a witness by a party other than the party who called the witness.
Evidence in chief	The evidence given by a witness for the party who called him.
Injunction	A court order prohibiting a person from doing something or requiring a person to do something.
Official copy	A copy of an official document, supplied and marked as such by the office which issued the original.
Pre-action protocol	Statements of best practice about pre-action conduct which have been approved by the President of the Family Division and which are annexed to a Practice Direction.
Privilege	The right of a party to refuse to disclose a document or produce a document or to refuse to answer questions on the ground of some special interest recognised by law.
Seal	A seal is a mark which the court puts on document to indicate that the document has been issued by the court.
Service	Steps required by rules of court to bring documents used in court proceedings to a person's attention.
Set aside	Cancelling a judgment or order or a step taken by a party in the proceedings.
Stay	A stay imposes a halt on proceedings, apart from the taking of any steps allowed by the rules or the terms of the stay. Proceedings can be continued if a stay is lifted.
Strike out	Striking out means the court ordering written material to be deleted so that it may no longer be relied upon.
Without prejudice	Negotiations with a view to settlement are usually conducted “without prejudice” which means that the circumstances in which the content of those negotiations may be revealed to the court are very restricted.

Signed

Nicholas Wall, P — Philip Waller — Duncan Adam — John Baker — Timothy Becker — Paul Carr — Martyn Cook — Bruce Edgington — Angela Finnerty — Mike Hinchliffe — Ruth Lindley-Glover — David Salter — John Wilson

I allow these Rules

Signed by authority of the Lord Chancellor

J Djanogly — 2010-12-13

Editorial notes

2003 c.39. Section 75 was amended by section 15(1) and 146 of and paragraphs 308 and 338 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005 (c.4). Section 76 was amended by section 12(2) of and paragraph 29 of Schedule 1 to the Constitutional Reform Act 2005 and section 261(1) of and paragraph 172 of Schedule 27 to the Civil Partnership Act 2004 (c.33) and section 62(7) of the Children Act 2004 (c.31) and section 25 of and paragraph 14 of Schedule 3 to the Children, Schools and Families Act 2010 (c.26).

1972 c.18. Section 18 was amended by section 109(1) and paragraphs 155(1),(2)(a) and (3) of Schedule 8 to the Courts Act 2003.

1982 c.27.

1985 c.60.

1989 c.41. Section 97(1) was amended by section 109(1) and paragraphs 337(1) and (2) of Schedule 8 to the Courts Act 2003 and by section 101(3) of the Adoption and Children Act 2002 (c.38).

1999 c.22.

2002 c.38. Section 102 was amended by section 40 of and paragraphs 15, 16(1), (2), (3) and (4) of Schedule 3 to the Children Act 2004. Section 141(1) and (3) were amended by section 109(1) of and paragraph 413(1) and (2) of Schedule 8 to the Courts Act 2003. Sections 102(1) to (4) and(6) to (8) and 141(1) and (3) of the Adoption and Children Act 2002 were applied with modifications for the purposes of parental orders by regulation 2 of and, Schedule 1 to the Human Fertilisation and Embryology Act (Parental Orders) Regulations 2010 (S.I.2010/985).

Section 79 was amended by sections 15(1) and 146 of and paragraphs 308 and 341(1) of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005.

Section 7(1)(a) was amended by section 74 of and paragraphs 87 and 88(a) of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c.43) and section 40 of and paragraphs 5 and 6 of Schedule 3 to the Children Act 2004.

Section 21(1) was amended by section 15 of and paragraph 2 of Schedule 2 to the Family Law Act 1996 as amended by the section 84(1) of and paragraphs 64 and 65(1) to (8) of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c.30).

Section 27(6) was amended by section 63(3) of the Domestic Proceedings and Magistrates' Courts Act 1978.

Section 35 was amended by section 46(1) of and paragraph 13 of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 and section 261(1) of and paragraph 44 of Schedule 27 to the Civil Partnership Act 2004 and section 66(1) of and paragraph 20 of Schedule 8 to the Family Law Act 1996.

Section 10(2) has been prospectively repealed with savings by section 66(3) of and Schedule 10 to the Family Law Act 1996.

1985 c.61.

2007 c.29.

Section 1 has been prospectively repealed by section 66(3) of and Schedule 10 to the Family Law Act 1996.

Section 11 was amended by section 2(4) of the Marriage Act 1983 (c.32) and section 6(4) of the Marriage (Prohibited Degrees of Relationship) Act 1986 (c.16) and section 261(1) of and paragraph 40 of Schedule 27 to the Civil Partnership Act 2004 and section 12 was amended by section 148 of and paragraph 34 of Schedule 4 to the Mental Health Act 1983 (c.20) and sections 4(4) and 11 of and paragraphs 1 and 2 of Schedule 2 and paragraphs 4 and 5 of Schedule 4 to the Gender Recognition Act 2004 (c.7).

Section 17 has been prospectively repealed by section 66(3) of and Schedule 10 to the Family Law Act 1996.

Section 22 has been prospectively repealed by section 66(3) of and Schedule 10 to the Family Law Act 1996.

Section 7(1)(b) was amended by section 40 of and paragraphs 5 and 6 of Schedule 3 to the Children Act 2004.

1990 c.41. Section 9 was amended by section 15(1) of and paragraphs 211 and 213 of Schedule 4 to the Constitutional Reform Act 2005.

1998 c.42. Section 4 was amended by section 40(4) of and paragraphs 66(1) and (2) of Schedule 9 to the Constitutional Reform Act 2005 and section 378(1) of and paragraph 156 of Schedule 16 to the Armed Forces Act 2006 (c.52) and section 67(1) of and paragraph 43 of Schedule 6 to the Mental Capacity Act 2005.

Section 10 was amended by section 139(1) of and paragraphs 54 and 56(a) (b) and (c) of Schedule 3 to the Adoption and Children Act 2002 and section 77 of the Civil Partnership Act 2004 and section 36 of the Children and Young Persons Act 2008 (c. 23).

1981 c.61.

Section 5A(1) was inserted by section 250(1) and (4) of the Civil Partnership Act 2004.

Section 36 was amended by section 26(1) of the Inheritance (Provision for Family and Dependants) Act 1975 (c.63).

1882 c.75.

Section 17 was amended by the Statute Law (Repeals) Act 1969 (c.52) and section 43 of the Matrimonial and Family Proceedings Act 1984.

Section 55A was inserted by section 83(1) and (2) of the Child Support, Pensions and Social Security Act 2000 (c. 19).

Section 56(1) was amended by section 83(5) of and paragraphs 3 and 5(a) of Schedule 8 to the Child Support, Pensions and Social Security Act 2000.

Section 57 was amended by section 139(1) of and paragraphs 46, and 49(a) and (b) of Schedule 3 to the Adoption and Children Act 2002 (c.38) and section 83(5) of and paragraphs 3 and 6 of Schedule 8 to the Child Support, Pensions and Social Security Act 2000.

Paragraph 1 of Schedule 7 to the Family Law Act 1996 was amended by section 82 of and paragraphs 16(1) and (2) of Schedule 9 to the Civil Partnership Act 2004 and article 2 of and paragraph 10(b)(i) of the Schedule to the Housing Act 1996 (Consequential Amendments) Order 1997 (S.I. 1997/74).

Section 32L was inserted by section 24 of the Child Maintenance and Other Payments Act 2008 (c.6).

Section 3(6) was amended by section 1(2) of the Child Support, Pensions and Social Security Act 2000.

Sections 23(2) (a) and (b) and 23(3) have been prospectively substituted with savings by section 15 of and paragraph 4 of Schedule 2 to the Family Law Act 1996.

Section 25B was inserted by section 166(1) of the Pensions Act 1995 (c.26) and amended by section 21 of and paragraphs 1(1),(2),(4),(5)(a),(5)(b), (6),(7)(a),(7)(b), (8)(a), (8)(b), (8)(c) and (9) of the Welfare Reform and Pensions Act 1999 (c.30) and subsections (8) and (9) were inserted by section 16(3) of the Family Law Act 1996 and the section was modified by regulations 2 and 4(1) and (2)(b) of the Divorce etc (Pension Protection Fund) Regulations 2006 (S.I. 2006/1932). Section 25C was inserted by section 166(1) of the Pensions Act 1995 and amended by section 66(1) of and paragraph 11 of Schedule 8 to the Family Law Act 1996 and also amended by section 21 of and paragraphs 2(1), (2), (3)(a)(i) and (ii), (3)(b), (4)(a), (4)(b) and (5) of Schedule 4 to the Welfare Reform and Pensions Act 1999.

Paragraph 9(2) of Schedule 7 to the Civil Partnership Act 2004 was amended by section 120 of and paragraphs 14, 20(1), 20(2)(a) and (b) of the Pensions Act 2008 (c. 30).

Section 25F was inserted by section 120 of and paragraphs 1 and 7 of Schedule 6 to the Pensions Act 2008.

Section 17(1)(a)(i) was amended by section 66(1) of and paragraph 32(2) of Schedule 8 to the Family Law Act 1996 as amended by section 84(1) of and paragraphs 66(1) and (14) of Schedule 12 to the Welfare Reform and Pensions Act 1999.

Section 24E was inserted by section 120 of and paragraphs 1 and 3 of Schedule 6 to the Pensions Act 2008.

Paragraphs 9(2) and (3) of Schedule 7 to the Civil Partnership Act 2004 were amended by section 120 of and paragraphs 14 and 20(2)(b) of Schedule 6 to the Pensions Act 2008.

Section 24B was inserted by section 19 of and paragraphs 1 and 4 of Schedule 3 to the Welfare Reform and Pensions Act 1999.

Section 21C was inserted by section 120 of and paragraphs 1 and 2 of Schedule 6 to the Pensions Act 2008.

S.I. 2000/1048.

S.I. 1996/1655.

S.I. 1996/1847 Regulation 11 was amended by regulations 5(b), 5(c), 5(d)(i) and (ii), 5(e), 5(f) and 5(g) of the Occupational Pension Scheme (Transfer Values) (Amendment) Regulations 2008 (S.I. 2008/1050) and regulations 4(a)(ii) and 4(b) of the Occupational Pension Scheme (Winding Up and Transfer Values) (Amendment) Regulations 2005 (S.I. 2005/72) and regulation 8 of the Occupational, Personal and Stakeholder Pensions (Miscellaneous Amendment) Regulations 2009 (S.I. 2009/615 and Schedule 1 was amended by regulations 7(a)(ii), (iii), (iv)(aa), (iv)(bb) and 7(b) of Occupational Pension Scheme (Transfer Values) (Amendment) Regulations 2008.

1993 c.48 Section 93A was inserted by section 153 of the Pensions Act 1965 (c.26) and section 94(1)(a) and (aa) were amended by section 154(1) and (2) of the Pensions Act 1995.

S.I. 1987/1110.

S.I. 2005/2920.

Section 20A was inserted by section 33(1) of and paragraph 69 of Schedule 2 to the Family Law Reform Act 1987 and substituted by section 108(5) of and paragraph 39 of Schedule 13 to the Children Act 1989.

Section 24A was inserted by section 7 of the Matrimonial Homes and Property Act 1981 (c.24) and subsection 6 was inserted by section 46(1) of and Schedule 1 to that Act and the section was amended by section 66(1) and 66(3) of and paragraph 8 of Schedule 8 to and Schedule 10 to the Family Law Act 1996 and by section 261(1) of and paragraph 42 of Schedule 27 to the Civil Partnership Act 2004.

Section 25D(3) and (4) was amended by sections 21 and 84(1) of and paragraphs 3(1) and (5) of Schedule 4 to and paragraphs 64 and 66(1) and (4) of Schedule 12 to the Welfare Reform and Pensions Act 1999 and section 66(1) of and Schedule 8 to the Family Law Act 1996.

Section 46 was amended by section 320 of and Part 1 of Schedule 13 to the Pensions Act 2004 (c.35) and articles 15(1) and (4) of the Taxation of Pension Schemes (Consequential Amendments) Order 2006 (S.I. 2006/745).

S.I. 2005/674.

Paragraph 37(1) was amended by section 120 of and paragraph 14, 16(1), (5)(a)(b) and 17(10) of Schedule 6 to the Pensions Act 2008.

Section 33 was amended by section 82 of and paragraphs 4(1), (2), (3), (7), (4)(a) and (b), (5) and 6(a) to (e) of Schedule 9 to the Civil Partnership Act 2004. Section 35 was amended by section 82 of and paragraphs 6(1) to 6(10) of Schedule 9 to that Act. Section 36 was amended by sections 2(2) and 58(1) of and paragraphs 34(1) to (3) of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004 (c.28) and section 82 of and paragraph 7 of Schedule 9 to the Civil Partnership Act 2004.

Section 47(8) was amended by section 58(1) to and paragraphs 38(1) and (5) of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004.

Section 47 was amended by section 58(1) and (2) of and paragraphs 38(1) to (5) of Schedule 10 to and Schedule 11 to the Domestic Violence, Crime and Victims Act 2004.

Section 63A was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 (c.20).

Section 63C was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007.

Section 63J(2) was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007.

Section 47 was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007.

2006 c.21.

Section 33 was amended by section 108(5) of and paragraph 62 of Schedule 13 to the Children Act 1989 and section 261(1) of and paragraph 124 of Schedule 27 to the Civil Partnership Act 2004.

Section 34 was amended by section 108(5) of and paragraphs 62 and 70 of Schedule 13 to the Children Act 1989 and article 12(3) of Children (Northern Ireland Consequential Amendments) Order 1995 (S.I. 1995/756).

Section 45(8A) was inserted by section 52 of and paragraph 4 of Schedule 6 to the Family Law Act 1996.

Section 45(8B) was inserted by section 52 of and paragraph 4 of Schedule 6 to the Family Law Act 1996.

Section 79 was amended by section 157 of and paragraphs 108 and 114(1) and (2) and (3)(b) of Schedule 14 to the Education and Inspections Act 2006 (c.40).

Section 50 was amended by section 261(1) of and paragraph 131 of Schedule 27 to the Civil Partnership Act 2004.

Section 4(1)(c) was amended by section 111(1) and (2) of the Adoption and Children Act 2002 and section 56 of and paragraphs 21(1) and (2) of Schedule 6 to the Welfare Reform Act 2009 (c.29).

Section 4ZA was inserted by section 56 of and paragraph 2 of Schedule 6 to the Human Fertilisation and Embryology Act 2008.

Section 4A(1)(b) was amended by section 75(1) and (2) of the Civil Partnership Act 2004.

Section 14D was inserted by section 115(1) of the Adoption and Children Act 2002.

Section 25 was amended by section 39 of and paragraphs 1 and 15 of Schedule 3 to the Children and Young Persons Act 2008 and section 24 of and paragraph 45 of Schedule 4 to the Access to Justice Act 1999.

Section 14A(1) was inserted by section 115(1) of the Adoption and Children Act 2002.

Section 1(3) was inserted by section 56 of and paragraphs 24(1) and (2) of Schedule 6 to the Human Fertilisation and Embryology Act 2008.

Section 4A(3) was inserted by section 112 of the Adoption and Children Act 2002.

Section 5(1) was amended by section 115(2), and (4)(a)(i) and (ii) of the Adoption and Children Act 2002.

Section 10(4) was amended by section 139(1) of and paragraphs 54, 56(a) and (b) of Schedule 3 to the Adoption and Children Act 2002. Section 10(5) was inserted by section 77 of the Civil Partnership Act 2004. Section 10(5A) was inserted by section 139(1) and paragraphs 54 and 56(c) of Schedule 3 to the Adoption and Children Act 2002. Section 10(5B) was inserted by section 36 of the Children and Young Persons Act 2008. Section 10(7A) was inserted by section 139(1) of and paragraphs 54 and 56(d) of Schedule 3 to the Adoption and Children Act 2002.

Section 11J was inserted by section 4(1) of the Children and Adoption Act 2006 (c.20).

Section 14D was inserted by section 115(1) of the Adoption and Children Act 2002.

2006 c.4.

2006 c.42.

Sections 14A(8) and (9) were inserted by section 115(1) of the Adoption and Children Act 2002.

Sections 38A(10) and 44A(10) were inserted by section 52 of and paragraphs 1 and 3 of Schedule 6 to the Family Law Act 1996.

Paragraph (a) was repealed by sections 6(1), (2), 15(2) of and Schedule 3 to the Children and Adoption Act 2006.

Section 11M was inserted by section 4(1) of the Children and Adoption Act 2006.

Section 5 was amended by section 115(2), (4)(a) (i), (4)(b) and 4(c ) of the Adoption and Children Act 2002.

Section 24A was inserted by section 67(4) of the Family Law Act 1986.

100

S.I. 1991/895.

101

S.I. 2007/307.

102

Section 26 was amended by section 15(1) of and paragraphs 13 and 14(1) to (3) of Schedule 2 to the Children and Adoption Act 2006.

103

1999 c. 18 Section 1 was inserted by section 120(1) of and paragraph 10 of Schedule 2 to the Adoption and Children (Scotland) Act 2007 (2007 asp 4).

104

Section 5 was amended by section 115(2), (4)(a)(i),(ii),(4)(b) and (4)(c) of the Adoption and Children Act 2002.

105

Section 14A was inserted by section 115 of the Adoption and Children Act 2002.

106

Section 51 was amended by section 79(1), (4) and (5) of the Civil Partnership Act 2004 and by section 56 of and paragraphs 39(1), (2) and (3) of Schedule 6 to the Human Fertilisation and Embryology Act 2008.

107

Section 55 was amended by section 109(1) of and paragraph 412 of Schedule 8 to the Courts Act 2003.

108

Section 11E was inserted by section 1 of the Children and Adoption Act 2006.

109

Section 11G was inserted by section 1 of the Children and Adoption Act 2006.

110

Section 11H was inserted by section 1 of the Children and Adoption Act 2006.

111

Section 16(6) was amended by section 6(1) and (5) of the Children and Adoption Act 2006.

112

Section 16A was inserted by section 7 of the Children and Adoption Act 2006.

113

1977 c. 32.

114

Section 7 of the Civil Procedure Act 1997 (c.12) was amended by section 261(1) of and paragraph 154 of Schedule 27 to the Civil Partnership Act 2004.

115

1981 c.54. Section 34 was amended by section 148(3) of and Schedule 4 to the County Courts Act 1984 and article 5(b) of the Civil Procedure (Modification of Enactments) Order 1998 (S.I. 1998/2940).

116

Section 53 was amended by article 6(c)(i) of the Civil Procedure (Modification of Enactments) Order 1998 and section 10 of and paragraph 2(2) of Schedule 2 to the Civil Procedure Act 1997 (c.12) and by section 125(3) of and paragraph 44 of Schedule 18 to the Courts and Legal Services Act 1990.

117

Section 52 was amended by section 10 of and paragraph 2(2) of Schedule 2 to the Civil Procedure Act 1997 and by article 6(b) of the Civil Procedure (Modification of Enactments) Order 1998 and by section 125(3) of and paragraph 43 of Schedule 18 to the Courts and Legal Services Act 1990.

118

S.I. 1993/621.

119

1995 c.38.

120

Section 10(2) has been prospectively repealed by section 66(3) of and Schedule 10 to the Family Law Act 1996.

121

S.I. 2008/2551.

122

Section 4 was amended by section 40(4) of and paragraphs 66(1) and (2) of Schedule 9 to the Constitutional Reform Act 2005 and section 378(1) and paragraph 156 of Schedule 16 to the Armed Forces Act 2006 and section 67(1) of and paragraph 43 of Schedule 6 to the Mental Capacity Act 2005.

123

Section 12(g) was amended by section 148 of and paragraph 34 of Schedule 4 to the Mental Health Act 1983 and section 4(4) of and paragraphs 1 and 2 of Schedule 2 to the Gender Recognition Act 2004.

124

Section 24(3)(a) was amended by section 3 of and paragraph 9 of Schedule 3 to the Administration of Justice Act 1977 (c.38).

125

Section 23(1)(a) was amended by section 3 of and paragraph 8 of Schedule 3 to the Administration of Justice Act 1977.

126

S.I. 1991/1723.

127

Section 27(4) was amended by section 108(5) of and paragraph 62 of Schedule 13 to the Children Act 1989.

128

Section 27(3) was amended by section 108(5) of and paragraph 62 of Schedule 13 to the Children Act 1989.

129

Section 29 was amended by section 108(5) of and paragraphs 62(1) and (2)(a) of Schedule 13 to the Children Act 1989 and by section 15(1) of and paragraphs 2 and 4 of Schedule 2 to the Children and Adoption Act 2006.

130

1869 c.62. Section 5 was amended by articles 2 and 3 of the Civil Procedure (Modification of Enactments) Order 2002 ( S.I. 2002/439) and the Statute Law (Repeals) Act 2004 (c.14).

131

Section 4(1) was amended by article 4(1) and (2) of the Transfer of Functions (Magistrates' Courts and Family Law) Order 1992 (S.I.1992/709) and section 1(1) of and paragraph 2(2) of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c.56).

132

Section 1(1) was amended by article 4(1) and (2) of the Transfer of Functions (Magistrates' Courts and Family Law) Order 1992.

133

Section 2 was amended by article 4(1) and (2) of the Transfer of Functions (Magistrates' Courts and Family Law) Order 1992.

134

Section 5 was amended by section 1 (2) of and paragraph 7 of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992 and article 185(1) of and paragraph 67 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755) and section 54(a) and (b) of the Domestic Proceedings and Magistrates' Courts Act 1978.

135

Section 7(2) was amended by section 1(2) of and paragraphs 8(2) to (5) of Schedule 1 to the Maintenance Orders ( Reciprocal Enforcement) Act 1992.

136

Section 14 was amended by article 14(1) of and paragraph 22 of Schedule 5 to the Northern Ireland (Modification of Enactments – No 1) Order 1973 (S.I. 1973/2163) and section 154 of and paragraph 105 of Schedule 7 to the Magistrates' Courts Act 1980 and article 170(2) of and paragraph 21 of Schedule 6 to the Magistrates' Courts (Northern Ireland) Order 1981.

137

Section 23(3) was amended by section 90(1) of and paragraphs 71 and 75(1) and (2) of Schedule 13 to the Access to Justice Act 1999.

138

S.I. 1993/593.

139

S.I. 2007/2006.

140

Rule 2.5 excluded (18.6.2011) by The Magistrates' Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 (S.I. 2011/1329), rules 1, 17 (with rule 3(2))

141

Rules applied (with modifications) (18.6.2011) by The Magistrates' Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 (S.I. 2011/1329), rules 1, 50-53, 69, 71, 74-76, 78, 80 (with rules 3(2), 83)

142

Words in rule 2.3(1) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 4(a)

143

Rule 9.3(3) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 7

144

Rule 9.12(4) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 8

145

Rule 9.18(4)(5) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 10

146

Rule 17.1 substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 14

147

Rule 32.1(2) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 16

148

Words in rule 34.3 inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 18

149

Word in rule 34.12(3) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 19

150

Rule 34.13(2)(a) omitted (18.6.2011) by virtue of The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 20(a)

151

Words in rule 34.13 omitted (18.6.2011) by virtue of The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 20(b)

152

Rule 34.37 omitted (18.6.2011) by virtue of The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 34

153

Word in rule 34.38(2)(a) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 35(b)(i)

154

Word in rule 34.38(2)(b) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 35(b)(ii)

155

Words in rule 34.39(4) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 36(d)

156

Pt. 34 Ch. 2 Section 2(1) omitted (18.6.2011) by virtue of The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 22 (with transitional provisions in rule 38(2)); and rule 34.26, in so far as it is still in force, amended (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 121 (with rule 137); S.I. 2014/954, art. 2

157

Rule 9.26A inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 13

158

Rule 34.28A inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 24

159

Rule 34.36A inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 32 (with art. 38(1)(b))

160

1920 c.33.

161

Words in rule 2.3(1) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 3(a)(i) (with rule 30)

162

Words in rule 2.3(1) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 3(a)(ii) (with rule 30)

163

Words in rule 2.3(1) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 3(b)(i) (with rule 30)

164

Word in rule 2.3(1) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 3(b)(ii) (with rule 30)

165

Words in rule 2.3(1) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 3(b)(iii) (with rule 30)

166

Words in rule 4.1(8) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 4 (with rule 30)

167

Rule 5.1(6) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 5 (with rule 30)

168

Word in rule 6.15(2)(b) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 6 (with rule 30)

169

Words in rule 8.20(1) table substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 15 (with rule 30)

170

Words in rule 9.14(2)(a) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 16(a) (with rule 30)

171

Words in rule 9.19(2)(a) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 17(a) (with rule 30)

172

Rule 9.26B inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 18 (with rule 30)

173

Words in rule 9.36(5) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 19(a) (with rule 30)

174

Words in rule 9.36(5)(a)(i) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 19(b) (with rule 30)

175

Words in rule 9.36(5)(b)(i) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 19(b) (with rule 30)

176

Words in rule 11.9 substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 21 (with rule 30)

177

Rule 12.72(1) renumbered as rule 12.72 (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 22 (with rule 30)

178

Words in rule 16.36(1) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 23 (with rule 30)

179

Rule 29.12 substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 25 (with rule 30)

180

Words in rule 34.3(a) omitted (6.4.2012) by virtue of The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 27 (with rule 30)

181

Punctuation in rule 34.28A(1)(b) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 28(a) (with rule 30)

182

Word in rule 34.39(3)(c) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 29 (with rule 30)

183

Rule 31.17(1A) inserted (1.7.2012) by The Family Procedure (Amendment) (No. 2) Rules 2012 (S.I. 2012/1462), rules 1, 3(b)

184

Words in rule 31.17(1) inserted (1.7.2012) by The Family Procedure (Amendment) (No. 2) Rules 2012 (S.I. 2012/1462), rules 1, 3(a)

185

Words in rule 2.3(1) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 125(a)

186

Words in rule 8.38(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 125(b)

187

Words in rule 29.2 substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 125(c)

188

Words in rule 12.58 omitted (30.9.2012) by virtue of The Family Procedure (Amendment No. 3) Rules 2012 (S.I. 2012/2046), rules 1, 4(a)

189

Words in rule 12.58 inserted (30.9.2012) by The Family Procedure (Amendment No. 3) Rules 2012 (S.I. 2012/2046), rules 1, 4(b)

190

Words in rule 12.63 substituted (30.9.2012) by The Family Procedure (Amendment No. 3) Rules 2012 (S.I. 2012/2046), rules 1, 5

191

Words in rule 12.67 substituted (30.9.2012) by The Family Procedure (Amendment No. 3) Rules 2012 (S.I. 2012/2046), rules 1, 5

192

Words in rule 12.69 substituted (30.9.2012) by The Family Procedure (Amendment No. 3) Rules 2012 (S.I. 2012/2046), rules 1, 5

193

Words in rule 12.70 substituted (30.9.2012) by The Family Procedure (Amendment No. 3) Rules 2012 (S.I. 2012/2046), rules 1, 5

194

Words in rule 2.3(1) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 30(2)(a) (with Pt. 4)

195

196

Words in rule 2.3(1) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 4(a)

197

Words in rule 2.3(1) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 4(b)

198

Rule 5.3(3) and words inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 6

199

Words in rule 9.3(1) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 7(a)

200

Rule 9.3(3)(aa) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 7(b)(i)

201

Words in rule 9.3(3)(b) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 7(b)(ii)(bb)

202

Words in rule 9.12(4) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 8

203

Rule 9.14(2A) substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 9(a)

204

Words in rule 9.18(5) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 10(b)

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