Legalize / United Kingdom / Statutory-Instrument

The Family Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-12-13

Last updated 2026-03-02

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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[^key-90ab3eec4b407432a82f59659f065fda]: Word in rule 3.8(1)(k)(iii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iv)(aa)

[^key-42dc395465f9d6ed571067c87d037920]: Words in rule 3.8(1)(k)(iii) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iv)(bb)

[^key-b0d767f4120a7ccd5bea8221cc0fa7f6]: Word in rule 3.8(1)(k)(iii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iv)(cc)

[^key-73e6b888a628170a99d85ba9e84e2d1b]: Words in rule 3.8(1)(k)(iii) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iv)(dd)

[^key-89f20f8112bfc74e9664a37a3731afbe]: Words in rule 3.8(1)(l) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(h)(i)

[^key-ed483020b01cdd19ceacb306159d3e17]: Words in rule 3.8(1)(l) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(h)(ii)

[^key-5d37ae7ff41f7ecb2e25a17cba9403a7]: Words in rule 3.8(1)(l)(i) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(h)(iii)(aa)

[^key-7647be15594448550da6ad2992903b42]: Words in rule 3.8(1)(l)(i) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(h)(iii)(bb)

[^key-c12eb04c4b83a9b5724c2a6f20a02cc9]: Rule 3.8(1)(m) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(i)

[^key-f49eb2b34d2a87875c4f35f18aed14ab]: Words in rule 3.8(1)(n) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(j)

[^key-64fb9c5692e1fc6532607d89bc026122]: Word in rule 3.8(1)(o)(i) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(ii)

[^key-3c363b06e4e42e7d32451f57cddbf7a0]: Word in rule 3.8(1)(o)(ii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(iii)(aa)

[^key-cf1642c16d4981643468cbd0b34aad7c]: Words in rule 3.8(1)(o)(ii) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(iii)(bb)

[^key-ad23d95dc9de8e5322c903b665fa1d86]: Word in rule 3.8(1)(o)(ii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(iii)(cc)

[^key-0d31755290f9d77d29427fd806e7c98e]: Words in rule 3.8(1)(o)(ii) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(iii)(dd)

[^key-5cc5ec1244c2bec9f5dd9944e56997f5]: Rule 3.8(1)(p) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(l)

[^key-d825af68ef05bd8ca480b6e57981d670]: Rule 3.8(2) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 12

[^key-156b209480519913e29359fc37be6a48]: Rule 3.9(2)(b) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 13(a)

[^key-b19f4749fa017441cec41764b9fd95b3]: Rule 3.9(2)(e)(f) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 13(d)

[^key-b0c7d73a7f08e8087c035b712ec4bb0e]: Word in rule 3.9(2)(c) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 13(b)

[^key-147012ddd992375bce4472509ed97816]: Word in rule 3.9(2)(d) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 13(c)

[^key-99eb23970874178fa5da9064edd97535]: Words in rule 3.10 heading inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 14(a)

[^key-207cbdb87ffc3b176f4e17a09574a539]: Rule 3.10(1)(1A) substituted for rule 3.10(1) (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 14(b)

[^key-b0329408cd5477ee951e8a9ca8e927e5]: Words in rule 3.10(2) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 14(c)

[^key-fd9ae79de9ad5dddd5cd769aeb2dec80]: Rule 3.10(3)(ba) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 14(d)(i)

[^key-aa74302640c542476ce82c14fb4a46b3]: Rule 3.10(3)(ca) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 14(d)(iii)

[^key-4b42836738d00925cbecf19c094665ed]: Word in rule 3.10(3)(c) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 14(d)(ii)

[^key-bbde4346c6b2cfc5f4047f0a73a4fd6a]: Words in rule 3A.1 omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 15(a)

[^key-a75097f623d79957ac0cc3195140096a]: Words in rule 3A.1 substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 15(b)

[^key-4d4d004ea8fbc6462b9a60a9f635455f]: Words in rule 9.15(5) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 16

[^key-1b0e4b895292e49f07a8f0dfe01e863e]: Words in rule 9.20(7) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 17

[^key-27cd4335d2b20af6902a7c31423e2199]: Words in rule 14.8 substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 18

[^key-25f742af78e957de9e95943581a639b1]: Rule 28.3(7)(aa) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 19

[^key-84490e3d0b89fc7a286e34699f7e1a68]: Word in rule 30.3(5A)(b)(ii) omitted (11.11.2024) by virtue of The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(a), 10(a)(i)

[^key-09395dba80cc7e7ef5b30bc2e515e2c4]: Words in rule 30.3(5A)(b)(iii) substituted (11.11.2024) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(a), 10(a)(ii)

[^key-a032d2bd9fe76f6c96912575206146f1]: Rule 30.3(5A)(b)(iv) inserted (11.11.2024) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(a), 10(a)(iii)

[^key-6f36e991284006d9f57b4cc24412b480]: Words in rule 30.3(5C) inserted (11.11.2024) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(a), 10(b)

[^key-a997fc68bb4185cf9c583c8d65762e4a]: Rule 6.23A inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 3(2)

[^key-132c952987b10ca213c3035aa3c38626]: Words in rule 6.4 inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 3(1)

[^key-218646ee6ccbaf8c6ff75f83b4198861]: Words in rule 7.5(1) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 4

[^key-4e561d52e01549ecd9b38c727b1f8dfd]: Words in rule 8.31 inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 5

[^key-ebfba6bb529d1cdac0a2975d9262e388]: Words in rule 10.3(1) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 6(1)

[^key-85190f5f8e22e833ded85993f53d9336]: Words in rule 10.6(1) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 6(2)

[^key-152151bc4f0e9a1697077c558ebeb46b]: Rule 11.4(7) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 7(1)(c)

[^key-587cc340d7ce15c1c390e95cb2c8bfaa]: Word in rule 11.4(1) substituted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 7(1)(a)(i)

[^key-f97035ce100a93a4223fd2032762f894]: Words in rule 11.4(1) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 7(1)(a)(ii)

[^key-2881867217e105bd9b69dfd8bba41ef0]: Words in rule 11.4(3) substituted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 7(1)(b)

[^key-241d57703b0a5073a45ae9d12bace074]: Words in rule 11.7(3) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 7(2)

[^key-4d23c79927075ff701f9d3597cc696be]: Words in rule 11.8 inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 7(3)

[^key-3ad53376091b2f0bffd9ddd8d1d954d0]: Words in rule 12.8(2) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 8(1)(a)

[^key-cf684d9acca693b9db08b7eefbf5e6d9]: Words in rule 12.8(4) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 8(1)(b)

[^key-1c392303a8a57595db11fede290f2ba7]: Words in rule 12.35(3) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 8(2)

[^key-2d5a89bfb1e2c29c2dc8bc1ed80a9f06]: Words in rule 14.5(3) inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 9

[^key-4ea2d7170454fe0159ff63263d001418]: Words in rule 37.5 inserted (13.1.2025) by The Family Procedure (Amendment) Rules 2024 (S.I. 2024/1016), rules 1(3)(b), 11

[^key-9af907d7c6fc966d4043d5f352ba0e1c]: Rule 12.73A inserted (27.1.2025) by The Family Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/1322), rules 1(3), 4

[^key-927d09e0ee1f514b396ecf36268fcdc8]: Rule 14.14A inserted (27.1.2025) by The Family Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/1322), rules 1(3), 6

[^key-74d2c40313927bdbaf0a8fc5fbeeee1d]: Words in rule 12.73(1)(b) inserted (27.1.2025) by The Family Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/1322), rules 1(3), 3(a)

[^key-e292410028479bb33480b30d352b7ce5]: Words in rule 12.73(2) substituted (27.1.2025) by The Family Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/1322), rules 1(3), 3(b)

[^key-2ab8d0a79f8d48a45a15d00c75667cd2]: Words in rule 14.14(a) inserted (27.1.2025) by The Family Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/1322), rules 1(3), 5

[^key-d0cbc3a858255e9fd3e3dc004403dfad]: Words in rule 16.4(1) omitted (5.1.2026) by virtue of The Family Procedure (Amendment) Rules 2025 (S.I. 2025/1242), rules 1(3)(a), 3

[^key-d63df21f1a38ef5995165c788f1269e7]: Rule 30.3(3A) inserted (2.3.2026) by The Family Procedure (Amendment) Rules 2025 (S.I. 2025/1242), rules 1(3)(b), 5(c)

[^key-4f3cc4c4ed2dc808dcb6bbeb6ec22d38]: Words in rule 30.3(3) substituted (2.3.2026) by The Family Procedure (Amendment) Rules 2025 (S.I. 2025/1242), rules 1(3)(b), 5(b)

[^key-565a264fb17f72ec088e0384cec20a77]: Words in rule 30.3(1B)(a) substituted (2.3.2026) by The Family Procedure (Amendment) Rules 2025 (S.I. 2025/1242), rules 1(3)(b), 5(a)

Application in a magistrates’ court for a maintenance order, or revocation of a maintenance order to which the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies

Questions as to the court’s jurisdiction or whether the proceedings should be stayed

9.26A

(1) This rule applies to applications for maintenance where a question as to jurisdiction arises under—

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

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

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

(e) Article 18 of the 2007 Hague Convention.

(2) If at any time after the issue of the application it appears to the court that it does not or may not have jurisdiction to hear an application, or that under the instruments referred to in paragraph (1) it is or may be required to stay the proceedings or to decline jurisdiction, the court must—

(a) stay the proceedings, and

(b) fix a date for a hearing to determine jurisdiction or whether there should be a stay or other order.

(3) The court officer will serve notice of the hearing referred to at paragraph (2)(b) on the parties to the proceedings.

(4) The court must, in writing—

(a) give reasons for its decision under paragraph (2), and

(b) where it makes a finding of fact, state such finding.

(5) The court may with the consent of all the parties deal with any question as to the jurisdiction of the court, or as to whether the proceedings should be stayed, without a hearing.

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

Application of this Chapter

34.28A

(1) In this Chapter—

(a) references to a maintenance order include—

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

(ii) a maintenance decision to which Chapter V of the 2007 Hague Convention applies by virtue of Article 19(1) of that Convention;

(iii) a maintenance arrangement (as defined in Article 3(e) of the 2007 Hague Convention) which is to be recognised and enforceable in the same way as a maintenance decision by virtue of Article 30 of that Convention;

(b) references to the Hague Protocol are to the Protocol on the Law Applicable to Maintenance Obligations done at The Hague on 23 November 2007 ;

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

(... )

Application under Article 30 of the Maintenance Regulation or under Article 23 of the 2007 Hague Convention for a declaration of enforceability

34.29A

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

Registration of maintenance orders

Appeal from a decision relating to registration

Payment of sums due under a registered order

Enforcement of payments under registered orders

Variation and revocation of registered orders

Transfer of registered order

Cancellation of registered orders

Directions as to stays, documents and translations

34.36A

At any stage in proceedings for registration of a maintenance order under this Section of this Chapter, the court may give directions about the conduct of the proceedings, including—

(a) staying of proceedings in accordance with—

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

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

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(v) Article 30(6) of the 2007 Hague Convention;

(b) the provision of documents in accordance with—

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

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

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(v) Article 25 or 30 of the 2007 Hague Convention;

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

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

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(v) in relation to an application under this Section relating to the 2007 Hague Convention, without prejudice to Article 44 of that Convention.

Enforcement of orders of the High Court or the family court

34.40

(1) This rule applies where a person wishes to enforce a maintenance order obtained in the High Court or the family court in ... a State bound by the 2007 Hague Convention ....

(2) Subject to the requirements of Practice Direction 34A, rules 74.12 (application for a certified copy of a judgment) and 74.13 (evidence in support) of the CPR apply in relation to—

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

(b) an application for a certified copy of a judgment and a certificate giving particulars relating to the judgment and the proceedings in which it was given.

Adding or removing parties

9.26B

(1) The court may direct that a person or body be added as a party to proceedings for a financial remedy if—

(a) it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or

(b) there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings, and it is desirable to add the new party so that the court can resolve that issue.

(2) The court may direct that any person or body be removed as a party if it is not desirable for that person or body to be a party to the proceedings.

(3) If the court makes a direction for the addition or removal of a party under this rule, it may give consequential directions about—

(a) the service of a copy of the application form or other relevant documents on the new party; and

(b) the management of the proceedings.

(4) The power of the court under this rule to direct that a party be added or removed may be exercised either on the court’s own initiative or on the application of an existing party or a person or body who wishes to become a party.

(5) An application for an order under this rule must be made in accordance with the Part 18 procedure and, unless the court directs otherwise, must be supported by evidence setting out the proposed new party’s interest in or connection with the proceedings or, in the case of removal of a party, the reasons for removal.

Access to and inspection of documents retained in court

International Maintenance Obligations: Communication with the Central Authority for England and Wales

9.26AA

(1) Where the Lord Chancellor requests information or a document from the court officer for the relevant court for the purposes of ... Articles 12 or 25(2) of the 2007 Hague Convention, the court officer shall provide the requested information or document to the Lord Chancellor forthwith.

(2) In this rule, “relevant court” means the court at which an application under ...Article 10 of the 2007 Hague Convention has been filed.

[The Lord Chancellor is the Central Authority for England and Wales in relation to the 2007 Hague Convention...]

Adding or removing parties

International Maintenance Obligations; Communication with the Central Authority for England and Wales

34.36B

(1) Where the Lord Chancellor requests information or a document from the court officer for the relevant court for the purposes of ...Article 12 or 25(2) of the 2007 Hague Convention, the court officer shall provide the requested information or document to the Lord Chancellor forthwith.

(2) In this rule, “relevant court” means the court at which an application under ... Article 10 of the 2007 Hague Convention has been filed.

[The Lord Chancellor is the Central Authority for the 2007 Hague Convention...]

Further provisions about the court’s power to restrict expert evidence

When to apply for the court’s permission

What an application notice requesting the court’s permission must include

Where permission is granted

General requirement for expert evidence to be given in a written report

Written questions to experts

Court’s power to direct that evidence is to be given by a single joint expert

Instructions to a single joint expert

Power of court to direct a party to provide information

Contents of report

Use by one party of expert’s report disclosed by another

25.15

Where a party has disclosed an expert’s report, any party may use that expert’s report as evidence at any hearing where an issue to which the report relates is being considered.

Discussions between experts

25.16

(1) The court may, at any stage, direct a discussion between experts for the purpose of requiring the experts to—

(a) identify and discuss the expert issues in the proceedings; and

(b) where possible, reach an agreed opinion on those issues.

(2) The court may specify the issues which the experts must discuss.

(3) The court may direct that following a discussion between the experts they must prepare a statement for the court setting out those issues on which—

(a) they agree; and

(b) they disagree, with a summary of their reasons for disagreeing.

Expert’s right to ask court for directions

25.17

(1) Experts may file written requests for directions for the purpose of assisting them in carrying out their functions.

(2) Experts must, unless the court directs otherwise, provide copies of the proposed requests for directions under paragraph (1)—

(a) to the party instructing them, at least 7 days before they file the requests; and

(b) to all other parties, at least 4 days before they file them.

(3) The court, when it gives directions, may also direct that a party be served with a copy of the directions.

Copies of orders and other documents

25.18

Unless the court directs otherwise, a copy of any order or other document affecting an expert filed with the court after the expert has been instructed, must be served on the expert by the party who instructed the expert or, in the case of a single joint expert, the party who was responsible for instructing the expert, within 2 days of that party receiving the order or other document.

Action after final hearing

25.19

(1) Within 10 business days after the final hearing, the party who instructed the expert or, in the case of a single joint expert, the party who was responsible for instructing the expert, must inform the expert in writing about the court’s determination and the use made by the court of the expert’s evidence.

(2) Unless the court directs otherwise, the party who instructed the expert or, in the case of the single joint expert, the party who was responsible for instructing the expert, must send to the expert a copy of the court’s final order , any transcript or written record of the court’s decision, and its reasons for reaching its decision, within 10 business days from the date when the party received the order and any such transcript or record. ...

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

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

within 10 business days from the date when that party received the order and transcript or reasons.

Assessors

25.20

(1) This rule applies where the court appoints one or more persons under section 70 of the Senior Courts Act 1981 ... as an assessor.

(2) An assessor will assist the court in dealing with a matter in which the assessor has skill and experience.

(3) The assessor will take such part in the proceedings as the court may direct and in particular the court may direct an assessor to—

(a) prepare a report for the court on any matter at issue in the proceedings; and

(b) attend the whole or any part of the hearing to advise the court on any such matter.

(4) If the assessor prepares a report for the court before the hearing has begun—

(a) the court will send a copy to each of the parties; and

(b) the parties may use it at the hearing.

(5) Unless the court directs otherwise, an assessor will be paid at the daily rate payable for the time being to a fee-paid deputy district judge of the principal registry and an assessor’s fees will form part of the costs of the proceedings.

(6) The court may order any party to deposit in the court office a specified sum in respect of an assessor’s fees and, where it does so, the assessor will not be asked to act until the sum has been deposited.

(7) Paragraphs (5) and (6) do not apply where the remuneration of the assessor is to be paid out of money provided by Parliament.

Single lay justice: power to refer to the family court

Chapter 1 — Interpretation

Chapter 2: — The Court’s Duty and Powers Generally

Scope of this Chapter

The court’s duty to consider non-court dispute resolution

When the court will adjourn proceedings or a hearing in proceedings

3.4

(1) Paragraph (1A) applies when the court considers that non-court dispute resolution is appropriate.

(1A) Where the timetabling of proceedings allows sufficient time for these steps to be taken, the court should encourage parties, as it considers appropriate, to—

(a) obtain information and advice about, and consider using, non-court dispute resolution; and

(b) undertake non-court dispute resolution.

(2) The court may give directions about the matters specified in paragraph (1A) on an application or of its own initiative.

(2A) Subject to paragraph (2B), the court may give directions referred to in paragraph (2) at any time during the proceedings.

(2B) In proceedings to which Practice Direction 12B applies, the court may give directions referred to in paragraph (2) at any time after the court has received the safeguarding letter or safeguarding report referred to in Practice Direction 12B.

(3) Where paragraph (1A) applies, the court will give directions about the timing and method by which the parties must tell the court if any of the issues in the proceedings have been resolved.

(4) If the parties do not tell the court if any of the issues have been resolved as directed under paragraph (3), the court will give such further directions as to the management of the case as it considers appropriate.

(5) The court or court officer will—

(a) record the making of any directions to which this rule applies; and

(b) arrange for a copy of the directions to be served as soon as practicable on the parties.

(6) Where the court proposes to exercise its powers of its own initiative, the procedure set out in rule 4.3(2) to (6) applies.

Chapter 3: — Family Mediation Information and Assessment Meetings (MIAMs)

Scope of this Chapter

3.5

This Chapter contains Rules about the requirement in section 10(1) of the 2014 Act to attend a MIAM.

Applications to which the MIAM requirement applies

3.6

(1) The MIAM requirement applies to any application to initiate the proceedings specified in paragraph (2), unless a MIAM exemption ... applies.

(2) The specified proceedings are—

(a) the private law proceedings relating to children specified in Practice Direction 3A; and

(b) the proceedings for a financial remedy specified in Practice Direction 3A.

Making an application

3.7

An application to initiate any of the proceedings specified in Rule 3.6 must contain, or be accompanied by, a form containing, either—

(a) a confirmation from an authorised family mediator that the prospective applicant has attended a MIAM; or

(b) a claim by the prospective applicant that one of the MIAM exemptions applies.

(A list of MIAM exemptions is set out in Rule 3.8(1) below.)

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

Circumstances in which the MIAM requirement does not apply (MIAM exemptions ...)

3.8

The MIAM requirement does not apply if—

(1) a prospective applicant claims in the relevant form that any of the following circumstances (a “MIAM exemption”) applies—

Domestic abuse athere is evidence of domestic abuse, as specified in Practice Direction 3A; or

Child protection concernsbi— a child would be the subject of the application; andiithat child or another child of the family who is living with that child is currently—aathe subject of enquiries by a local authority under section 47 of the 1989 Act; orabthe subject of a child protection plan put in place by a local authority; or

Urgencycthe application must be made urgently because—ithere is risk to the life, liberty or physical safety of the prospective applicant or his or her family or his or her home; oriiany delay caused by attending a MIAM would cause—aaa risk of harm to a child;aba risk of unlawful removal of a child from the United Kingdom, or a risk of unlawful retention of a child who is currently outside England and Wales;aca significant risk of a miscarriage of justice;ad significant financial hardship to the prospective applicant; oraeirretrievable problems in dealing with the dispute (including the irretrievable loss of significant evidence); oriiithere is a significant risk that in the period necessary to schedule and attend a MIAM, proceedings relating to the dispute will be brought in another state in which a valid claim to jurisdiction may exist, such that a court in that other State would be seised of the dispute before a court in England and Wales; or

Previous MIAM attendance or non-court dispute resolution attendance d—iin the 4 months prior to making the application, the person attended a MIAM or a non-court dispute resolution process relating to the same or substantially the same dispute ; and iiwhere the person attended a non-court dispute resolution process, there is evidence of that attendance, as specified in Practice Direction 3A; ore. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .f—ithe application would be made in existing proceedings which are continuing; andiithe prospective applicant attended a MIAM before initiating those proceedings; org. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Otherh—ithere is evidence that the prospective applicant is bankrupt, as specified in Practice Direction 3A; andiithe proceedings would be for a financial remedy; ori. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .jthe application would be made without notice; or

(Paragraph 5.1 of Practice Direction 18A sets out the circumstances in which applications may be made without notice.)

(k) —

(ai) the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court;

(i) the prospective applicant is ... subject to a disability or other inability that would prevent attendance in person at a MIAM unless appropriate facilities can be offered by an authorised mediator;

(ii) the prospective applicant has contacted as many authorised family mediators as have an office within fifteen miles of his or home (or five of them if there are five or more), and all have stated that they are unable to provide such facilities; and

(iii) the names, postal addresses and telephone numbers or e-mail addresses for the authorised family mediators contacted by the prospective applicant, and the dates of contact, are provided to the court ...; or

(l) the prospective applicant ... cannot attend a MIAM because the prospective applicant is —

(i) in prison or any other institution in which the prospective applicant is required to be detained and facilities cannot be made available for them to attend a MIAM online or by video-link;

(ii) subject to conditions of bail that prevent contact with the other person; or

(iii) subject to a licence with a prohibited contact requirement in relation to the other person; or

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) a child is one of the prospective parties ...; or

(o) —

(ai) the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court;

(i) the prospective applicant has contacted as many authorised family mediators as have an office within fifteen miles of his or her home (or five of them if there are five or more), and all of them have stated that they are not available to conduct a MIAM within fifteen business days of the date of contact; and

(ii) the names, postal addresses and telephone numbers or e-mail addresses for the authorised family mediators contacted by the prospective applicant, and the dates of contact, are provided to the court ...; or

(p) —

(i) the prospective applicant is not able to attend a MIAM online or by video-link;

(ii) there is no authorised family mediator with an office within fifteen miles of the prospective applicant’s home; and

(iii) an explanation of why this exemption applies is provided by the prospective applicant to the court.

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

Conduct of MIAMs

3.9

(1) Only an authorised family mediator may conduct a MIAM.

(2) At the MIAM, the authorised family mediator must—

(a) provide information about the principles, process and different models of mediation, and information about other methods of non-court dispute resolution;

(b) consider and explain the potential benefits of mediation and other methods of non-court dispute resolution as a means of resolving the dispute;

(d) assess whether there has been, or is a risk of, harm by a prospective party to a child that would be a subject of the application;

(e) indicate to those attending the MIAM which form, or forms, of non-court dispute resolution may be most suitable as a means of resolving the dispute, and why; and

(f) where sub-paragraph (e) applies, provide information to those attending the MIAM about how to proceed with the form, or forms, of non-court dispute resolution in question.

MIAM exemption not validly claimed

3.10

(1) If a MIAM exemption has been claimed, the court will inquire into whether the exemption—

(a) was not validly claimed; or

(b) was validly claimed but is no longer applicable.

(1A) The inquiry referred to in paragraph (1) must be made—

(a) when making the decision on allocation, in private law proceedings to which the MIAM requirement applies; or

(b) when making a decision on allocation (if such a decision is made), and in any event at the first hearing, in proceedings for a financial remedy to which the MIAM requirement applies.

(2) If a court finds that the MIAM exemption was not validly claimed , or that it was validly claimed but is no longer applicable, the court will—

(a) direct the applicant, or direct the parties to attend a MIAM; and

(b) if necessary, adjourn the proceedings to enable a MIAM to take place;

unless the court considers that in all the circumstances of the case, the MIAM requirement should not apply to the application in question.

(3) In making a decision under Rule 3.10(2), the court will have particular regard to—

(a) any applicable time limits;

(b) the reason or reasons why the MIAM exemption was not validly claimed;

(ba) the reasons why a MIAM exemption which was validly claimed is no longer applicable;

(ca) the potential benefits of attending a MIAM, including the opportunity to receive information about options for non-court dispute resolution; and

(d) the number and nature of issues that remain to be resolved in the proceedings.

Where to start proceedings

5.4

(1) Where both the family court and the High Court have jurisdiction to deal with a matter, the proceedings relating to that matter must be started in the family court.

(2) Paragraph (1) does not apply where—

(a) proceedings relating to the same parties are already being heard in the High Court;

(b) any rule, other enactment or Practice Direction provides otherwise; or

How to start proceedings

Request for change of procedure

9.18A

(1) Paragraph (2) applies where the applicant wishes to seek a direction from the court that the standard procedure should apply to an application to which the fast-track procedure would otherwise apply.

(2) Where this paragraph applies, a request for a direction—

(a) must be made with the application for a financial remedy; and

(b) must state—

(i) that the applicant seeks a direction that the standard procedure should apply; and

(ii) the applicant’s reasons for seeking such a direction.

(3) Paragraph (4) applies where—

(a) a respondent wishes to seek a direction from the court that the standard procedure should apply to an application to which the fast-track procedure would otherwise apply; or

(b) a respondent wishes to make representations on an application made by the applicant to which paragraph (1) applies.

(4) Where this paragraph applies, the respondent’s request or representations—

(a) must be filed with the court within 7 days of service of the application for a financial remedy; and

(b) must state—

(i) which procedure (standard or fast-track) the respondent wishes the court to direct should apply to the application for a financial remedy; and

(ii) the respondent’s reasons for seeking such a direction.

(5) Where a request or representations referred to in this rule have been made, the court must—

(a) determine without notice to the parties and before the first hearing whether the standard procedure or the fast-track procedure should apply to the application for a financial remedy; and

(b) notify the parties of its determination and any directions made in consequence of that determination.

Procedure before the first hearing

Power of the court to direct filing of evidence and set dates for further hearings

Who the respondent is on an application under section 20 or section 20A of the 1978 Act or Part 6 of Schedule 6 to the 2004 Act

9.21A

Where a court officer receives notice of any direction made in the High Court or family court under section 28 of the 1978 Act by virtue of which an order made under that Act or the 2004 Act ceases to have effect, particulars of the direction must be noted in the court’s records.

Chapter5A — Certain applications

Application for a maintenance order, or revocation of a maintenance order to which the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies

Duty to make entries in the court's register

Method of making periodical payments

9.26C

(1) This rule applies where under section 1(4) or (4A) of the Maintenance Enforcement Act 1991 the court orders that payments under a qualifying periodical maintenance order are to be made by a particular means.

(2) The court officer will record on a copy of the order the means of payment that the court has ordered.

(3) The court officer will notify in writing the person liable to make payments under the order how the payments are to be made.

(4) Where under section 1(4A) of the Maintenance Enforcement Act 1991 the court orders payment to the court by a method of payment under section 1(5) of that Act, the court officer will notify the person liable to make payments under the order of sufficient details of the account into which payments should be made to enable payments to be made into that account.

(5) Where payments are made to the court, the court officer will give or send a receipt to any person who makes such a payment and who asks for a receipt.

(6) Where payments are made to the court, the court officer will make arrangements to make the payments to—

(a) the person entitled to them; or

(b) if the person entitled to them is a child, to the child or to the person with whom the child has his or her home.

(7) The Part 18 procedure applies to an application under section 1(7) of the Maintenance Enforcement Act 1991 (application from an interested party to revoke, suspend, revive or vary the method of payment).

(8) Where the court makes an order under section 1(7) of the Maintenance Enforcement Act 1991 or dismisses an application for such an order, the court officer will, as far as practicable, notify in writing all interested parties of the effect of the order and will take the steps set out in paragraphs (2), (3) and (4), as appropriate..

(9) In this rule, “interested party” and “qualifying periodical maintenance order” have the meanings given in section 1(10) of the Maintenance Enforcement Act 1991.

Court officer to notify subsequent marriage or formation of civil partnership of a person entitled to payments under a maintenance order

9.26D

(1) This rule applies where—

(a) there is an order of a type referred to in paragraph (4) which requires payments to be made to the court or to an officer of the court; and

(b) the court is notified in writing by—

(i) the person entitled to receive payments under the order;

(ii) the person required to make payments under the order; or

(iii) the personal representative of such a person,

that the person entitled to receive payments under the order has subsequently married or formed a civil partnership.

(2) The court officer will, where practicable, notify in writing the courts referred to in paragraph (3) of the notification of the subsequent marriage or formation of a civil partnership.

(3) The courts to be notified are—

(a) any other court which has made an order of a type referred to in paragraph (4);

(b) in the case of a provisional order made under section 3 of the 1920 Act or section 3 of the 1972 Act, the court which confirmed the order;

(c) if an order of a type referred to in paragraph (4) has been transmitted abroad for registration under section 2 of the 1920 Act or section 2 of the 1972 Act, the court in which the order is registered; and

(d) any other court in which an application to enforce the order has been made.

(4) The orders are—

(a) those to which the following provisions apply—

(i) section 38 of the 1973 Act;

(ii) section 4(2) of the 1978 Act;

(iii) paragraph 65 of Schedule 5 to the 2004 Act; and

(iv) paragraph 26(2) of Schedule 6 to the 2004 Act; and

(b) an attachment of earnings order made to secure payments under an order referred to in sub-paragraph (a).

(5) In this rule—

“the 1920 Act” means the Maintenance Orders (Facilities for Enforcement) Act 1920; and

“the 1972 Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972.

Enforcement and apportionment where periodical payments are made under more than one order

9.26E

(1) This rule applies where periodical payments are required to be made by a payer to a payee under more than one periodical payments order.

(2) Proceedings for the recovery of payments under more than one order may be made in one application by the payee, which must indicate the payments due under each order.

(3) Paragraphs (4) and (5) apply where any sum paid to the court on any date by a payer who is liable to make payments to the court under two or more periodical payments orders is less than the total sum that the payer is required to pay to the court on that date in respect of those orders.

(4) The payment madewill be apportioned between the orders in proportion to the amounts due under each order over a period of one year.

(5) If, as a result of the apportionment referred to in paragraph (4), the payments under any periodical payments order are no longer in arrears, the residue shall be applied to the amount due under the other order or, if there is more than one other order, shall be apportioned between the other orders in accordance with paragraph (4).

(6) In this rule—

“payee” means a person entitled to receive payments under a periodical payments order; and

“payer” means a person required to make payments under a periodical payments order.

Proceedings following arrest ...

Enforcement of an order: requirement for a penal notice

Enforcement of an undertaking

Enforcement of orders and undertakings

Service

Timetable for the proceedings

Application of rules 12.24 to 12.26C

The Case Management Hearing and the Issues Resolution Hearing

Application for extension of the time limit for disposing of the application

12.26A

(1) An application requesting the court to grant an extension must state—

(a) the reasons for the request;

(b) the period of extension being requested; and

(i) why it is necessary for the request to be granted to enable the court to resolve the proceedings justly;

(ii) the impact which any ensuing timetable revision would have on the welfare of the child to whom the application relates;

(iii) the impact which any ensuing timetable revision would have on the duration and conduct of the proceedings; and

(iv) the reasons for the grant or refusal of any previous request for extension.

(2) Part 18 applies to an application requesting the grant of an extension.

(3) In this rule

“ensuing timetable revision” has the meaning given to it by section 32(6) of the 1989 Act;

“extension” means an extension of the period for the time being allowed under section 32(1)(a)(ii) of the 1989 Act which is to end no more than 8 weeks after the later of the times referred to in section 32(8) of that Act.

Disapplication of rule 4.1(3)(a) court’s power to extend or shorten the time for compliance with a rule

12.26B

Rule 4.1(3)(a) does not apply to any period that is for the time being allowed under section 32(1)(a)(ii) of the 1989 Act.

Extension of time limit: reasons for court’s decision

12.26C

(1) When refusing or granting an extension of the period that is for the time being allowed under section 32(1)(a)(ii) in the case of the application, the court will announce its decision and—

(a) the reasons for that decision; and

(b) where an extension is granted or refused, a short explanation of the impact which the decision would have on the welfare of the child.

(2) The court office will supply a copy of the order granting or refusing the extension including the reasons for the court’s decision and the period of any extension and short explanation given under paragraph (1)(b) to—

(a) the parties; and

(b) any person who has actual care of the child who is the subject of the proceedings.

Matters prescribed for the purposes of the Act

Exclusion requirements: interim care orders and emergency protection orders

Proceedings for secure accommodation orders: copies of reports

Note of oral evidence ...

Control of expert evidence in proceedings other than children proceedings

Reasons for a decision : proceedings before a lay justice or justices

Transfer of proceedings

29.17

(1) Subject to paragraph (3), a court may transfer a case to another court, either of its own initiative or on the application of one of the parties if—

(a) the parties consent to the transfer;

(b) the court has held a hearing to determine whether a transfer should be ordered; or

(2) A court may transfer a case without a hearing if—

(a) the court has notified the parties in writing that it intends to order a transfer; and

(b) no party has, within 14 days of the notification being sent, requested a hearing to determine whether a transfer should be ordered.

(3) A case may not be transferred from the family court to the High Court unless—

(a) the decision to transfer was made by a judge sitting in the family court who is a person to whom paragraph (4) applies; or

(b) one or more of the circumstances specified in Practice Direction 29C applies.

(4) This paragraph applies to a person who is—

(a) the President of the Family Division;

(b) an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);

Application for change of area

29.18

The Part 18 procedure applies to an application to the family court for existing proceedings to be heard in a different Designated Family Judge area.

(His Majesty’s Courts and Tribunals Service publishes information to enable Designated Family Judge areas to be identified.)

Allocation of proceedings to another level of judge

29.19

(1) Paragraphs (2) and (3) apply where there has been allocation without a hearing.

(2) A party may request the court to reconsider allocation at a hearing.

(3) Unless the court directs otherwise, a party may make a request referred to in paragraph (2)—

(a) at any hearing where that party first has notice of allocation; or

(b) in writing no later than 2 days before the first hearing in the proceedings after the party receives notice of allocation.

(4) When the party requests the court to reconsider allocation in accordance with paragraph (3)(b), the party must at the same time notify other parties of the request in writing.

(5) The court may reconsider allocation of its own initiative.

(6) Rule 4.3 does not apply to allocation without a hearing.

(7) In this rule “allocation” means allocation of proceedings other than appeal proceedings to a level of judge.

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

32.5A

The Part 19 procedure applies to an application to the High Court under section 24(2) of the 1950 Act.

Application of this Chapter to a family court order

Variation of a family court order: section 22(1) of the 1950 Act

32.6A

Where a family court order, which is registered in a court in Scotland or Northern Ireland, is varied under section 22(1) of the 1950 Act by the court in which it is registered—

(a) the court officer for the court which made the order will be the prescribed officer to whom notice of the variation must be given under section 23(1) of the 1950 Act; and

(b) on receipt of a notice under section 23(1) of the 1950 Act, the court officer will enter particulars of the notice in the register.

Application to adduce evidence: section 22(5) of the 1950 Act

32.6B

(1) The Part 18 procedure applies to an application under section 22(5) of the 1950 Act where a maintenance order was made by the family court.

(2) The family court will send a transcript or summary of any evidence taken to the clerk of the court in which the order is registered.

(3) The court officer for the court in England and Wales which made the maintenance order will be the prescribed officer to whom any transcript or summary of evidence adduced in the court in Scotland or Northern Ireland must be sent under section 22(5) of the 1950 Act.

Application to adduce evidence: sections 21(2) and 22(5) of the 1950 Act

Variation of Scottish and Northern Irish orders by the family court

32.9A

(1) The Part 18 procedure applies to an application to the family court under section 22(1) of the 1950 Act to vary a Scottish order or a Northern Irish order which is registered in the family court.

(2) Where a Scottish order or a Northern Irish order is varied by the family court on an application under section 22(1) of the 1950 Act, the court officer will give notice of the variation to the clerk of the court in Scotland or Northern Ireland which made the order by sending a certified copy of the order of variation.

Cancellation of registration of Scottish and Northern Irish orders

Payments under a maintenance order registered in the family court

32.10A

(1) This rule applies where section 22(1A) of the 1950 Act applies and the family court orders that payments under a maintenance order registered in the family court are to be made by a particular means.

(2) The court officer will record on a copy of the order the means of payment that the court has ordered.

(3) The court officer will notify, in writing, the person liable to make payments under the order how the payments are to be made.

(4) Where under section 1(4A) of the Maintenance Enforcement Act 1991 the family court orders payment to the court by a method of payment specified in section 1(5) of that Act, the court officer will notify the person liable to make payments under the order of sufficient details of the account into which the payments should be made to enable payments to be made into that account.

(5) The Part 18 procedure applies to an application under section 1(7) of the Maintenance Enforcement Act 1991 (application from an interested party to revoke, suspend, revive or vary a means of payment order).

(6) Where the court makes an order under section 1(7) of the Maintenance Enforcement Act 1991 or dismisses an application for such an order, the court officer will, as far as practicable, notify in writing all interested parties of the effect of the order and will take the steps set out in paragraphs (2), (3) and (4), as appropriate.

(7) In this rule, “interested party” has the meaning given in section 1(10) of the Maintenance Enforcement Act 1991.

Enforcement

Inspection of register and copies of order

Notices and certificates: section 19(4), 20(1) and 24(5) and (5A) of the 1950 Act

32.12A

(1) Practice Direction 32A contains the form of—

(a) a notice under section 19(4) of the 1950 Act that payments under a maintenance order made by a sheriff court in Scotland or a court of summary jurisdiction in Northern Ireland have become payable through or to any officer or person;

(b) a notice under section 19(4) of the 1950 Act that the payments under a maintenance order made by the family court have, on its registration under Part 2 of the 1950 Act in a court in Scotland or Northern Ireland, ceased to be payable to or through the court or any person;

(c) a certificate lodged under section 20(1) of the 1950 Act as to the amount of any arrears due under a maintenance order made by the family court; and

(d) a notice under section 24(5) or (5A) of the 1950 Act of the cancellation of the registration under Part 2 of the 1950 Act of a maintenance order in the family court.

(2) The court officer will send a notice referred to in paragraph (1)(a), (b) or (d) to the person liable to make the payments under the order at that person’s last known address.

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

32.15A

(1) This rule applies where the court officer for the family court receives from the court officer of the High Court a certified copy of a High Court order, in accordance with section 2(2)(b) of the 1958 Act.

(2) The court officer of the family court will—

(a) register the order in the family court by entering particulars in the register; and

(b) send notice to the court officer of the High Court that the order has been registered.

Registration in the family court of an order registered in the High Court - procedure in the High Court

Registration in the family court of an order registered in the High Court – procedure in the family court

32.16A

(1) This rule applies where—

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

(b) the court officer of the family court, in accordance with section 2(2)(b) of the 1958 Act, receives from the appropriate officer of the original court in Scotland or Northern Ireland a certified copy of an order made by the court in Scotland or Northern Ireland.

(2) The court officer of the family court will—

(a) register the order in the family court by entering particulars in the register; and

(b) send written notice to the court officer of the High Court and to the appropriate officer of the original court in Scotland or in Northern Ireland that the order has been registered.

Registration in the High Court of a magistrates' court order

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

Variation or discharge of an order registered in the family court – procedure in the High Court

Variation, remission, discharge or cancellation of registration of an order registered in the family court – procedure in the family court

32.19A

(1) Where under section 4(2) of the 1958 Act a High Court order registered in the family court is varied by the family court, the court officer for the family court will give notice of the variation to the High Court.

(2) Where under section 4(4) of the 1958 Act an application for the variation of a High Court order registered in the family court is remitted to the High Court by the family court, the court officer for the family court will give notice of its having been remitted to the High Court.

(3) Where under section 5(4) of the 1958 Act the registration of a High Court order in the family court is cancelled by the family court, the court officer for the family court will give notice of cancellation to the High Court, stating (if applicable) that the cancellation is a result of a notice given under section 5(1) of the 1958 Act.

(4) Where under section 5(4) of the 1958 Act the registration in the family court of an order made in Scotland or Northern Ireland is cancelled by the family court, the court officer for the family court will give notice of the cancellation to—

(a) the appropriate officer of the court which made the order; and

(b) where the order is registered under Part 2 of the 1950 Act, to the appropriate officer of the High Court.

(5) Where under section 5(4) of the 1958 Act the registration in the family court of an order under Part 2 of the 1950 Act is cancelled by the family court, the court officer for the family court will give notice of the cancellation to the appropriate officer of the original court.

(6) Where under section 5 of the 1958 Act the cancellation of the registration of a High Court order means that any order which requires payment to be made to the family court is to cease to have effect, the court officer will give notice to the defendant in the form set out in Practice Direction 32A (Form 7).

Variation or discharge of an order registered in the High Court

Cancellation of registration – orders registered in the High Court

Cancellation of registration – orders registered in the family court

Notices: payments made through the family court

32.22A

(1) Paragraph (2) applies where a notice is given under section 2(6ZC) of the 1958 Act that payments under an order registered in the family court are payable to the family court.

(2) The notice will be in the form set out in Practice Direction 32A (Form 5) and will be given by the court officer of the family court.

(3) Paragraph (4) applies where a notice is given under section 2(6ZC) of the 1958 Act that payments under an order registered in the family court have ceased to be payable to the family court.

(4) The notice will be in the form set out in Practice Direction 32A (Form 6) and will be given by the court officer of the family court.

Method of payment

32.22B

(1) This rule applies where the family court exercises its duties or powers under section 4A(2) of the 1958 Act to make, revive or vary any means of payment order within the meaning of section 1(7) of the Maintenance Enforcement Act 1991.

(2) Where the court orders that payments under a registered order are to be made by a particular means—

(a) the court will record on a copy of the order the means of payment which the court has ordered; and

(b) the court officer will notify, in writing, the person liable to make payments under the order how the payments are to be made.

(3) Paragraph (4) applies where the court orders that payments be made—

(a) by the debtor to the creditor; or

(b) by the debtor to the court;

by a method falling within section 1(5) of the Maintenance Enforcement Act 1991.

(4) The court officer will notify the person liable to make payments under the order of sufficient details of the account into which payments should be made to enable payments to be made into that account.

Variation of method of payment

32.22C

(1) The Part 18 procedure applies to an application under section 1(3)(a) of the Maintenance Enforcement Act 1991 received from an interested party for the method of payment to be varied under section 4A of the 1958 Act.

(2) The court will notify the interested party who made the application and, where practicable, any other interested party, of the result of the application.

(3) The court will record any variation on a copy of the order.

Notices received from another court or from a person entitled to payments

32.22D

(1) This rule applies where any notice is received—

(a) of the discharge or variation by the High Court of a High Court order registered in the family court;

(b) of the discharge or variation by a court in Scotland or Northern Ireland of an order made by such a court and registered in the family court; or

(2) The court officer for the family court will enter details of any such notice in the register.

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