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

PDF Download

articles Not indexed

Reform history JSON API

to enforce the payment of such arrears, the permission application must be made in the application for the attachment of earnings order.

(3) Notice of the application, together with a form of reply in the appropriate form, must be served on the debtor in the manner set out in rule 6.23 and the notice must be served not less than 14 days before the hearing.

CHAPTER3 — SECURING PAYMENTS UNDER A MAINTENANCE ORDER IN THE HIGH COURT – ATTACHMENT OF EARNINGS ORDER

39.21

Where an application is made to the High Court under this Chapter, the rules in Chapter 2 apply with the following modifications—

(a) for rule 39.4 there is substituted—

(1) Subject to paragraph (2), an application for an attachment of earnings order must be sent to the District Registry of the High Court for the district in which the debtor resides. (2) If the debtor resides outside of England and Wales, or if the debtor’s place of residence is not known to the creditor, an application for an attachment of earnings order must be sent to the District Registry of the High Court for the district in which the proceedings which resulted in the maintenance order being made took place.

(b) for rule 39.8 there is substituted—

(1) An application for an attachment of earnings order to secure payments under a maintenance order must be heard in private, unless the court directs otherwise. (2) Where an attachment of earnings order made by the High Court designates the court officer of the family court as the collecting officer, that officer must, on receipt of a certified copy of the order from the court officer of the High Court, send to the person to whom the order is directed a notice as to the mode of payment.

(d) for rule 39.15 there is substituted—

Where an attachment of earnings order made by the High Court to secure payments under a High Court maintenance order ceases to have effect under section 8(3) of the 1971 Act, the court officer of the High Court must give notice of the cessation to the person to whom the attachment of earnings order was directed.

(e) for rule 39.17, including the heading to that rule, there is substituted—

(39.17) If, in the opinion of the High Court sitting in a District Registry in which an attachment of earnings order has been made, the matter could more conveniently proceed in another District Registry (whether by reason of the debtor having become resident in the area of that District Registry or otherwise), the court may order that the matter should proceed in that other District Registry.

(f) in rule 39.19(1)(a), for “family court” there is substituted “High Court”; and

(g) in rule 39.20(2), sub-paragraph (b) is omitted.

PART40 — CHARGING ORDER, STOP ORDER, STOP NOTICE

CHAPTER1 — GENERAL

Application of this Part

40.1

This Part contains rules which provide for a creditor to enforce a judgment or order by obtaining—

(a) a charging order (Chapter 2);

(b) a stop order (Chapter 3); or

over or against the debtor’s interest in an asset.

Interpretation of this Part

40.2

In this Part—

“the 1979 Act” means the Charging Orders Act 1979;

“creditor” means the person to whom payment of a sum of money is due under a judgment or order or a person who is entitled to enforce such a judgment or order;

“debtor” means the person against whom a judgment or other order for payment of a sum of money was given, made or ordered, as the case may be;

“interim charging order” means an interim charging order made in accordance with rule 40.5; and

“securities” means securities of any of the kinds specified in section 2(2)(b) of the 1979 Act.

CHAPTER2 — CHARGING ORDERS

Scope of this Chapter

40.3

This Chapter applies to an application by a creditor for a charging order under section 1 of the 1979 Act.

Application for a charging order

40.4

(1) An application for a charging order may be made without notice.

(2) An application must be made to the family court or to the High Court, as appropriate and as specified in section 1 of the 1979 Act.

(His Majesty’s Courts and Tribunals Service publishes information to identify the appropriate location of the family court or High Court to which an application for a charging order should be sent.)

(3) A creditor may apply for a single charging order in respect of more than one judgment or order against the same debtor.

(4) The application must—

(a) be in the form and contain the information required by Practice Direction 40A; and

(b) be verified by a statement of truth.

Interim charging order

40.5

(1) An application for a charging order will initially be dealt with by the court without a hearing.

(2) The court may make an interim charging order—

(a) imposing a charge over the debtor’s interest in the asset to which the application relates; and

(b) fixing a hearing to consider whether to make a final charging order as provided by rule 40.8.

Service of an interim charging order

40.6

(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.

Application to set aside a financial remedy order

9.9A

(1) In this rule—

(a) “financial remedy order” means an order or judgment that is a financial remedy, and includes—

(i) part of such an order or judgment; or

(ii) a consent order; and

(b) “set aside” means—

(i) in the High Court, to set aside a financial remedy order pursuant to section 17(2) of the Senior Courts Act 1981 and this rule;

(ii) in the family court, to rescind or vary a financial remedy order pursuant to section 31F(6) of the 1984 Act.

(2) A party may apply under this rule to set aside a financial remedy order where no error of the court is alleged.

(3) An application under this rule must be made within the proceedings in which the financial remedy order was made.

(4) An application under this rule must be made in accordance with the Part 18 procedure, subject to the modifications contained in this rule.

(5) Where the court decides to set aside a financial remedy order, it shall give directions for the rehearing of the financial remedy proceedings or make such other orders as may be appropriate to dispose of the application.

Assignment of a serial number

PART3A — VULNERABLE PERSONS: PARTICIPATION IN PROCEEDINGS AND GIVING EVIDENCE

Interpretation

3A.1

In this Part—

“child” means a person under the age of 18 years whether or not the child is the subject of the proceedings, except that—in adoption proceedings, it also includes a person who is the subject of proceedings and has attained the age of 18 years before the proceedings are concluded; andin proceedings brought under ... the 1980 Hague Convention or the European Convention, it means a person under the age of 16 years who is the subject of proceedings;

“intermediary” means a person whose function is to—communicate questions put to a witness or party;communicate to any person asking such questions the answers given by the witness or party in reply to them; andexplain such questions or answers so far as is necessary to enable them to be understood by the witness or party or by the person asking such questions;

“live link” means a live television link or other arrangement whereby a witness or party, while absent from the courtroom or other place where the proceedings are being held, is able to see and hear a person there and to be seen and heard by the judge, legal representatives acting in the proceedings and other persons appointed to assist a witness or party;

“mental disorder” has the meaning given in section 1 of the Mental Health Act 1983;

“participation direction” means—a general case management direction made for the purpose of assisting a witness or party to give evidence or participate in proceedings; ora direction that a witness or party should have the assistance of one or more of the measures in rule 3A.8; andreferences to “quality of evidence” are to its quality in terms of completeness, coherence and accuracy; and for this purpose “coherence” refers to a witness’s or a party’s ability in giving evidence to give answers which address the questions put to the witness or the party and which can be understood both individually and collectively.

“relative” has the meaning given by section 63(1) of the 1996 Act;

“victim” includes a child to whom section 3 of the Domestic Abuse Act 2021 applies; and

Application of provisions in this Part

3A.2

(1) Rule 3A.4 does not apply to a party who is a child.

(2) Rules 3A.3 to 3A.5 do not apply to a party who is a protected party.

(3) Rules 3A.3 to 3A.5 do not apply to a party or witness who—

(a) falls within the assumption set out at rule 3A.2A(1); and

(b) has not made a request of a kind referred to in rule 3A.2A(2).

Court’s duty to consider vulnerability of a party or witness

3A.3

(1) When considering the vulnerability of a party or witness as mentioned in rule 3A.4 or 3A.5, the court must have regard in particular to the matters set out in paragraphs (a) to (j) and (m) of rule 3A.7.

(2) Practice Direction 3AA gives guidance about vulnerability.

Court’s duty to consider how a party can participate in the proceedings

3A.4

(1) The court must consider whether a party’s participation in the proceedings (other than by way of giving evidence) is likely to be diminished by reason of vulnerability and, if so, whether it is necessary to make one or more participation directions.

(2) Before making such participation directions, the court must consider any views expressed by the party about participating in the proceedings.

Court’s duty to consider how a party or a witness can give evidence

3A.5

(1) The court must consider whether the quality of evidence given by a party or witness is likely to be diminished by reason of vulnerability and, if so, whether it is necessary to make one or more participation directions.

(2) Before making such participation directions, the court must consider any views expressed by the party or witness about giving evidence.

Protected parties

3A.6

(1) The court must consider whether it is necessary to make one or more participation directions to assist—

(a) the protected party participating in proceedings; or

(b) the protected party giving evidence.

(2) Before making such participation directions, the court must consider any views expressed by the protected party’s litigation friend about the protected party’s participation in the proceedings or that party giving evidence.

(Part 15 contains rules about representation of a protected party. Practice Direction 15B contains provisions about the ability of a protected party to give evidence.)

What the court must have regard to

3A.7

When deciding whether to make one or more participation directions the court must have regard in particular to—

(a) the impact of any actual or perceived intimidation, including any behaviour towards the party or witness on the part of—

(i) any other party or other witness to the proceedings or members of the family or associates of that other party or other witness; or

(ii) any members of the family of the party or witness;

(b) whether the party or witness—

(i) suffers from mental disorder or otherwise has a significant impairment of intelligence or social functioning;

(ii) has a physical disability or suffers from a physical disorder; or

(iii) is undergoing medical treatment;

(d) the issues arising in the proceedings including (but not limited to) any concerns arising in relation to abuse;

(e) whether a matter is contentious;

(f) the age, maturity and understanding of the party or witness;

(g) the social and cultural background and ethnic origins of the party or witness;

(h) the domestic circumstances and religious beliefs of the party or witness;

(i) any questions which the court is putting or causing to be put to a witness in accordance with section 31G(6) of the 1984 Act;

(j) any characteristic of the party or witness which is relevant to the participation direction which may be made;

(k) whether any measure is available to the court;

(l) the costs of any available measure; and

(m) any other matter set out in Practice Direction 3AA.

Measures

3A.8

(1) The measures referred to in this Part are those which—

(a) prevent a party or witness from seeing another party or witness;

(b) allow a party or witness to participate in hearings and give evidence by live link;

(d) provide for a party or witness to participate in proceedings with the assistance of an intermediary;

(e) provide for a party or witness to be questioned in court with the assistance of an intermediary; or

(f) do anything else which is set out in Practice Direction 3AA.

(2) If the family court makes a direction for a measure which is not available where the court is sitting, it may direct that the court will sit at the nearest or most convenient location where the family court sits and the measure is available.

(3) If the High Court makes a direction for a measure which is not available where the court is sitting, it may direct that the court will sit at the nearest or most convenient location where the High Court sits and the measure is available.

(4) Nothing in these rules gives the court power to direct that public funding must be available to provide a measure.

(5) If a direction for a measure is considered by the court to be necessary but the measure is not available to the court, the court must set out in its order the reasons why the measure is not available.

When the duties of the court apply and recording reasons for decisions made under this Part

3A.9

(1) The court’s duties under rules 3A.3 to 3A.6 apply as soon as possible after the start of proceedings and continue until the resolution of the proceedings.

(2) The court must set out its reasons on the court order for—

(a) making, varying or revoking directions referred to in this Part; or

(b) deciding not to make, vary or revoke directions referred to in this Part, in proceedings that involve a vulnerable person or protected party.

Application for directions under this Part

3A.10

(1) An application for directions under this Part may be made on the application form initiating the proceedings or during the proceedings by any person filing an application notice.

(2) The application form or application notice must contain the matters set out in Practice Direction 3AA.

(3) Subject to paragraph (2), the Part 18 procedure applies to an application for directions made during the proceedings.

(4) This rule is subject to any direction of the court.

Procedure where the court makes directions of its own initiative

3A.11

Where the court proposes to make a participation direction of its own initiative the procedure set out in rule 4.3(2) to (6) applies.

Functions of officers of the Service and Welsh family proceedings officers

3A.12

Nothing in this Part gives the court power to direct that an officer of the Service or a Welsh family proceedings officer should perform any function beyond the functions conferred upon such officers by any other enactment.

Standard and fast-track procedures for financial remedy proceedings

9.9B

(1) In this rule “order for periodical payments” means an order under—

(a) section 23(1)(a), (b), (d) or (e) of the 1973 Act;

(b) section 27(5) or (6)(a), (b), (d) or (e) of the 1973 Act;

(d) paragraph 2(1)(a), (b), (d) or (e) of Schedule 5 to the 2004 Act;

(e) paragraph 40 or 41(1)(a), (b), (d) or (e) of Schedule 5 to the 2004 Act.

(2) Subject to paragraph (3), an application for a financial remedy must be dealt with under the standard procedure.

(3) The fast-track procedure applies to—

(a) any application where the financial remedy sought is only for an order for periodical payments;

(b) any application made under—

(i) the 1978 Act;

(ii) Schedule 6 to the 2004 Act;

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

(iv) Article 10 of the 2007 Hague Convention;

(c) any application for the variation of an order for periodical payments, except where the applicant seeks the dismissal (immediate or otherwise) of the periodical payments order and its substitution with one or more of a lump sum order, a property adjustment order, a pension sharing order or a pension compensation sharing order.

(4) At any stage in the proceedings the court may order that an application proceeding under the fast-track procedure must proceed under the standard procedure.

(Rule 9.18A provides for specific occasions when the court may direct that a case should proceed under the standard procedure.)

Consideration of the application at the first hearing

The Welsh language

1.5

(1) Nothing in the overriding objective undermines the principles provided by section 1 of the Welsh Language (Wales) Measure 2011 that the Welsh language has official status in Wales or by section 22 of the Welsh Language Act 1993 that in any legal proceedings in Wales the Welsh language may be used by any person who desires to use it.

(2) The parties are required to assist the court to put into effect the principles set out in paragraph (1).

Documents in the Welsh language

5.6

(1) Any document placed before the court in family proceedings in or having a connection with Wales may be in the English or Welsh language.

(2) It is the responsibility of any party if acting in person or of that party’s legal representative to inform the court as soon as practicable if documents in the Welsh language will or may be placed before the court, so that appropriate arrangements can be made.

Appeal court’s power to order that hearing of appeal be held in public

30.12A

(1) This rule applies where by virtue of rule 27.10 the hearing of an appeal is to be held in private.

(2) The appeal court may make an order—

(a) for the hearing of the appeal to be in public;

(b) for a part of the hearing of the appeal to be in public; or

(3) Where the appeal court makes an order under paragraph (2), it may in the same order or in a subsequent order—

(a) impose restrictions on the publication of the identity of—

(i) any party;

(ii) any child (whether or not a party);

(iii) any witness; or

(iv) any other person;

(b) prohibit the publication of any information which may lead to any such person being identified;

(d) impose such other restrictions on the publication of information relating to the proceedings as the court may specify.

(4) A practice direction may provide for—

(a) circumstances (which may be of general application or applicable only to specified appeal courts or proceedings) in which the appeal court will ordinarily make an order under paragraph (2); and

(b) the terms of the order under paragraph (3) which the court will ordinarily make in such circumstances.

Assignment of appeals to the Court of Appeal

Reopening of final appeals

Application

5.A.1

(1) This Part is subject to any provision made by or pursuant to Part 41 (proceeding by electronic means).

Forms

Documents to be attached to a form

Proceedings are started by issue of application form

Where to start proceedings

Filing documents with and sending documents to the court by e-mail

Documents in the Welsh language

Communications with the court

5.7

(1) Any communication between a party to proceedings and the court must be disclosed to, and if in writing (whether in paper or electronic format) copied to, the other party or parties or their representatives.

(2) Paragraph (1) applies to any communication in which any representation is made to the court on a matter of substance or procedure but does not apply to communications that are purely routine, uncontentious and administrative.

(3) A party is not required under paragraph (1) to disclose or copy a communication if there is a compelling reason for not doing so, and provided that any reason is clearly stated in the communication.

(4) A written communication required under paragraph (1) to be copied to the other party or parties, or their representatives, must state on its face that it is being copied to that person or those persons, stating their identity and capacity.

(5) Unless the court directs otherwise, a written communication which does not comply with paragraph (4) will be returned to the sender without being considered by the court, with a brief explanation of why it is being returned.

(6) In addition to returning a communication under paragraph (5), where a party fails to comply with paragraph (1) the court may, subject to hearing the parties, exercise its case management powers under Part 4.

(7) Paragraph (1) does not apply to communications authorised by a rule or practice direction to be sent to the court without at the same time being provided to the other party or parties or their representatives.

Application to set aside an inherent jurisdiction order

12.42B

(1) In this rule—

“inherent jurisdiction order” means an order, declaration or judgment made under the inherent jurisdiction, and includes—a part of such an order, declaration or judgment; ora consent order; and

“set aside” means to set aside pursuant to section 17(2) of the Senior Courts Act 1981 and this rule.

(2) A party may apply under this rule to set aside an inherent jurisdiction order where no error of the court is alleged.

(3) An application under this rule must be made within the proceedings in which the inherent jurisdiction order was made.

(4) An application under this rule must be made in accordance with the Part 18 procedure, subject to the modifications contained in this rule.

(5) Where the court decides to set aside an inherent jurisdiction order, it shall give directions for a rehearing or make such other orders as may be appropriate to dispose of the application.

(6) This rule is without prejudice to any power the High Court has to vary, revoke, discharge or set aside other orders, declarations or judgments where no error of the court is alleged.

Application to set aside a return order under the 1980 Hague Convention

12.52A

(1) In this rule—

“return order” means an order for the return or non-return of a child made under the 1980 Hague Convention and includes a consent order;

“set aside” means to set aside a return order pursuant to section 17(2) of the Senior Courts Act 1981 and this rule.

(2) A party may apply under this rule to set aside a return order where no error of the court is alleged.

(3) An application under this rule must be made within the proceedings in which the return order was made.

(4) An application under this rule must be made in accordance with the Part 18 procedure, subject to the modifications contained in this rule.

(5) Where the court decides to set aside a return order, it shall give directions for a rehearing or make such other orders as may be appropriate to dispose of the application.

(6) This rule is without prejudice to any power the High Court has to vary, revoke, discharge or set aside other orders, declarations or judgments which are not specified in this rule and where no error of the court is alleged.

Stay of proceedings where application made under s.16 of the 1985 Act (registration of decisions under the European Convention)

Transfer of proceedings

Revocation and variation of registered decisions

The central index of decisions registered under the 1985 Act

Disclosure of information in proceedings under the European Convention

Notice to fathers without parental responsibility

Recording, transcription and informal notes of proceedings

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.

Duty to make open proposals after a FDR appointment or where there has been no FDR appointment

9.27A

(1) Where at a FDR appointment the court does not make an appropriate consent order or direct a further FDR appointment, each party must file with the court and serve on each other party an open proposal for settlement—

(a) by such date as the court directs; or

(b) where no direction is given under sub-paragraph (a), within 21 days after the date of the FDR appointment.

(2) Where no FDR appointment takes place, each party must file with the court and serve on each other party an open proposal for settlement—

(a) by such date as the court directs; or

(b) where no direction is given under sub-paragraph (a), not less than 42 days before the date fixed for the final hearing.

Duty to make open proposals before a final hearing

Scope

Interpretation

How to make a contempt application

Requirements of a contempt application

Service of a contempt application

Cases where no application is made

Directions for hearing of contempt proceedings

Hearings and judgments in contempt proceedings

Powers of the court in contempt proceedings

Applications to discharge committal orders

Transfer of proceedings under ... Article 8 of the 1996 Hague Convention

Application by a court of ... another Contracting State for transfer of the proceedings

Temporary modifications for coronavirus or other emergency

36.3

Practice Directions may modify or disapply any provision of these rules—

(a) for specified periods; and

(b) in relation to proceedings in specified courts,

in order to address issues for the work of the courts arising from the coronavirus (SARS-CoV-2) outbreak or any other public emergency.

Court’s duty to consider making participation directions: victims of domestic abuse

3A.2A

(1) Subject to paragraph (2), where it is stated that a party or witness is, or is at risk of being, a victim of domestic abuse carried out by a party, a relative of another party, or a witness in the proceedings, the court must assume that the following matters are diminished—

(a) the quality of the party’s or witness’s evidence;

(b) in relation to a party, their participation in the proceedings.

(2) The party or witness concerned can request that the assumption set out in paragraph (1) does not apply to them if they do not wish it to.

(3) Where the assumption set out in paragraph (1) applies, the court must consider whether it is necessary to make one or more participation directions.

(Attention is drawn to Practice Direction 27C, which makes provision for the attendance at hearings, without the need for an order of the court, of Independent Domestic Violence Advisers and Independent Sexual Violence Advisers.)

Court’s duty to consider vulnerability of other parties or witnesses

Court’s duty to consider how a party can participate in the proceedings

Court’s duty to consider how a party or a witness can give evidence

Protected parties

What the court must have regard to

Measures

When the duties of the court apply and recording reasons for decisions made under this Part

Application for directions under this Part

Procedure where the court makes directions of its own initiative

Functions of officers of the Service and Welsh family proceedings officers

Provision in relation to bulk scanning of documents

5.8

(1) A practice direction may make provision for the bulk scanning of documents that are to be filed with, or otherwise sent to, the court.

(2) The practice direction may modify or disapply any provision of these rules.

... Respondent to be served

Time for serving an application by the applicant

6.6A

Where the applicant serves the application, the applicant must complete the step required by the following table in relation to the method of service chosen before 12.00 midnight on the day 28 days after the date of issue of the application.

Method of service	Step required	Step required
First class post, document exchange or other service which provides for delivery on the next business day	First class post, document exchange or other service which provides for delivery on the next business day	Posting, leaving with, delivering to or collection by the relevant service provider
Personal service under rule 6.7, by someone other than the applicant personally	Personal service under rule 6.7, by someone other than the applicant personally	Leaving it with the person to be served
Email service under rule 6.7A	Email service under rule 6.7A	Sending the application by e-mail and sending the notice required by rule 6.7A(2) by posting, leaving with, delivering to or collection by the relevant service provider

Extension of time for serving the application

6.6B

(1) The applicant may apply for an order extending the time for compliance with rule 6.6A.

(2) The general rule is that an application under paragraph (1) must be made—

(a) within the period for service specified by rule 6.6A; or

(b) where an order has been made under this rule, within the period specified by that order.

(3) Where an applicant asserts that they have a good reason for not making an application under paragraph (1) within a period specified in paragraph (2) an application under paragraph (1) may be made—

(a) after the period for service specified by rule 6.6A; or

(b) where an order has been made under this rule, after the period specified by that order.

(4) On an application under paragraph (1), the court must consider all the circumstances including whether—

(a) the court has failed to serve the application;

(b) the applicant has taken reasonable steps to comply with rule 6.6A; and

(5) An application for an order extending the time for compliance with rule 6.6A—

(a) must be supported by evidence; and

(b) may be made without notice.

(6) Where an order is made without notice—

(a) a copy of the order; and

(b) a copy of the application for an order extending time together with any statement supporting it,

must be served on the respondent when the application for a matrimonial or civil partnership order is served.

Personal service

Email service

6.7A

(1) Subject to paragraph (2), an application is served on a respondent by email by sending it to—

(a) the respondent’s usual email address; or

(b) the email address provided by the respondent in accordance with rule 6.12.

(2) Where an application is served by email, a notice confirming such service must be sent to the respondent’s postal address, by first class post or other service which provides for delivery on the next business day.

Service of application by the court

Service by the bailiff

Where to serve the application – general provisions

Service of the application on a solicitor within the jurisdiction ...

Service of the application where the respondent gives an address at which the respondent may be served

Service of the application where the respondent does not give an address at which the respondent may be served

Service of the application on children and protected parties

Deemed service – receipt of acknowledgment of service

Deemed service by post or alternative service where no acknowledgment of service filed

Proof of personal service where no acknowledgment of service filed

Proof of service by the court etc.

Service of the application by an alternative method or at an alternative place

Power of the court to dispense with service of the application

Notification of failure of postal service by the court

Notification of failure of email service by the court

6.21A

Where –

(a) the court officer serves the application by email in accordance with rule 6.7A; and

(b) the court is notified that the email was undeliverable,

the court officer will send notification to the applicant that the application was undeliverable.

Notice of non-service by bailiff

Time for serving an application for a matrimonial or civil partnership order out of the jurisdiction

6.41A

(1) The applicant must complete the step required by the table in paragraph (2) or (3), as applicable, in relation to the method of service chosen before 12.00 midnight on the day 28 days after the date of issue of the application.

(2) Where service of an application for a matrimonial or civil partnership order is to be effected on a party in Scotland or Northern Ireland—

Method of service	Step required
First class post, document exchange or other service which provides for delivery on the next business day	Posting, leaving with, delivering to or collection by the relevant service provider
Personal service under rule 6.7, by someone other than the applicant personally	Leaving it with the person to be served
Email service under rule 6.7A	Sending the application by e-mail and sending the notice required by rule 6.7A(2) by posting, leaving with, delivering to or collection by the relevant service provider

(3) Where service of an application for a matrimonial or civil partnership order is to be effected on a respondent out of the United Kingdom—

Method of service	Step required
Where service is to be effected by a method provided for by rule 6.45	The steps required by rule 6.46(2)
Where service is to be effected by another method permitted by the law of the country in which it is to be served	Sending or delivering the application to, or leaving it with, the person to be served or taking such other such steps to effect service as are permitted by the law of the country in which it is to be served

Extension of time for serving the application for a matrimonial or civil partnership order

6.41B

(1) The applicant may apply for an order extending the time for compliance with rule 6.41A.

(2) The general rule is that an application under paragraph (1) must be made—

(a) within the period for service specified by rule 6.41A; or

(b) where an order has been made under this rule, within the period specified by that order.

(3) Where an applicant asserts that they have a good reason for not making an application under paragraph (1) within the periods specified in paragraph (2) an application under paragraph (1) may be made—

(a) after the period for service specified by rule 6.41A; or

(b) where an order has been made under this rule, after the period specified by that order.

(4) On an application under paragraph (1), the court must consider all the circumstances including whether—

(a) the applicant has taken reasonable steps to comply with rule 6.41A; and

(b) the applicant has acted promptly.

(5) An application for an order extending the time for compliance with rule 6.41A—

(a) must be supported by evidence; and

(b) may be made without notice.

Period for acknowledging service or responding to application where application is served out of the jurisdiction

Method of service – general provisions

Service in accordance with the Service Regulation

Service through foreign governments, judicial authorities and British Consular authorities

Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities

Translation of application form or other document

Undertaking to be responsible for expenses of the Foreign and Commonwealth Office

Who the parties are

What the respondent must do on receiving the application

Amending an application

Applications for conditional order

What the court will do on an application for a conditional order, a judicial separation or a separation order

What the court must do for the case management hearing

How the respondent can make an application

References to respondents

Case management hearing

Amendment of application and answer

Further information about the contents of the application and the answer

What the court must do for the case management hearing

CHAPTER 5 — PROCEEDINGS AFTER CONDITIONAL ORDER (STANDARD AND DISPUTED CASE)

Applications to prevent conditional orders being made final

Making conditional orders final by giving notice

Applications to make conditional orders final

What the court officer must do when a conditional order is made final

Applications under section 10(2) of 1973 Act or section 48(2) of 2004 Act

Orders under section 10A(2) of the 1973 Act

CHAPTER 6 — PROVISIONS SPECIFIC TO NULLITY PROCEEDINGS

Respondent to nullity application

Supplemental applications

Nullity: interim and full gender recognition certificates

Nullity: filing an answer

Nullity – inspection of certificate of entitlement

Medical examinations in proceedings for nullity of a marriage of an opposite sex couple

CHAPTER 7 — GENERAL PROVISIONS

General rule – hearing to be in public

Notice of hearing

Further provisions about costs

Stay of proceedings

The circumstances in which an order may be set aside (rescission)

Records of decrees absolute and final orders

Prohibition of cross-examination in person under Part 4B of the 1984 Act

3A.13

A practice direction may make provision in relation to the prohibition of cross-examination in person under Part 4B of the 1984 Act.

Notifying the police

CHAPTER6A — Special provision about return proceedings with links to asylum claims

12.71A

(1) In this rule—

“child concerned” means the child who is the subject of the return proceedings;

“claimant” means the person who has made the protection claim;

“linked protection claim” is a protection claim that is made by or on behalf of the child concerned or in which the child concerned is named as a dependant of the claimant, and includes a pending in-country appeal;

“NIA Act 2002” means the Nationality, Immigration and Asylum Act 2002;

“pending in-country appeal” means an appeal within the meaning of section 104 of the NIA Act 2002 against a decision of the Secretary of State on a protection claim in which the child concerned is present in England and Wales, and includes any period for instituting of such appeal or applying for permission for such appeal;

“protection claim” has the same meaning as in section 82(2)(a) of the NIA Act 2002, and for the avoidance of doubt, includes an application for asylum as defined by the Immigration Rules HC 395 as amended;

“return order” means an order for the return of a child to another country, made pursuant to an application under any of the 1980 Hague Convention, the High Court’s inherent jurisdiction, or section 8 of the 1989 Act;

“return proceedings” means any proceedings—for a return order;to vary, revoke, discharge or set aside a return order; orin which implementation of a return order is sought.

(2) This rule applies in return proceedings.

(3) Any party to return proceedings that is aware of a linked protection claim must notify the court as soon as practicable of the existence of that claim and provide any information that party has about the progress of that claim.

(4) When the court becomes aware of a linked protection claim, it must hold a hearing as soon as practicable in order to consider directions, including those specified in rule 12.48, as to—

(a) whether the child concerned should be made a party to the return proceedings;

(b) whether the Secretary of State should be invited to intervene in the return proceedings;

(c) whether there should be disclosure and/or inspection under rule 4.1(3)(b) and Part 21 of any documents or information—

(i) from the Secretary of State, claimant or child concerned to one or more parties to the return proceedings or other persons;

(ii) from one or more parties to the return proceedings or other persons, to the Secretary of State, claimant or child concerned;

including any directions as to representations or production to the court of such documents or information;

(d) whether the return proceedings should be stayed until such further point as the court would direct.

(5) Nothing in this Rule disapplies the provisions of other rules or of Practice Directions, including any powers of the court, whether in relation to family proceedings or protection claims falling within scope of this rule, or to other family proceedings, other immigration proceedings, or other claims or proceedings.

Domestic Abuse Act 2021: provision during pilot commencement of Part 3

36.2A

(1) Practice directions may make provision for proceedings in relation to Part 3 of the Domestic Abuse Act 2021 during any period when, pursuant to regulations made under section 90(7) to (9) of that Act, any provisions of that Part are in force only for a specified purpose, in relation to a specified area or for a specified period.

(2) The provision made by a practice direction under paragraph (1) may include provision modifying or disapplying any provision of these Rules.

Temporary modifications for coronavirus or other emergency

Timetabling proceedings: encouraging non-court dispute resolution

MIAM exemption not validly claimed or no longer applicable

Service on a person where there are reasonable grounds to believe that person is residing in a refuge

6.23A

(1) This rule applies where documents must be served on a person where there are reasonable grounds to believe that person is residing in a refuge.

(2) This Part and any other rule or Practice Direction which makes provision regarding service apply subject to paragraphs (3) to (7).

(3) The court must give directions as to the method of service to be effected, including where a party seeks to serve an application form commencing proceedings.

(4) The court may not direct personal service in accordance with rule 6.23(a), unless it considers this to be necessary in exceptional and urgent circumstances.

(5) Where the court is considering directing personal service, the requirements in Practice Direction 6D apply.

(6) Where the court does not direct personal service, the court may direct that service be effected by the court by any of the following methods, in the following order of preference—

(a) in accordance with rule 6.23(d), subject to the requirements in Practice Direction 6D;

(b) in accordance with rule 6.23(b), subject to the requirements in Practice Direction 6D;

(7) The address, name or other identifying details of the refuge where there are reasonable grounds to believe the party to be served is residing must not be disclosed to the party who seeks to serve a document, or that party’s solicitor.

(8) In this rule, the term ‘refuge’ has the same meaning given in Practice Direction 6D.

Who is to serve

Personal service

Address for service

Change of address for service

Service of an application form commencing proceedings on children and protected parties

Service of other documents on or by children and protected parties where a litigation friend has been or will be appointed

Service on or by children where a children's guardian has been appointed under rule 16.3

Supplementary provisions relating to service on children and protected parties

Supplementary provision relating to service on children

Deemed service

Service by an alternative method or at an alternative place

Power to dispense with service

Certificate of service

Notification of outcome of service by the court

Notification of non-service by bailiff

Communication of information with permission of the court

12.73A

Practice Direction 12R makes provision in relation to the court giving permission to communicate information from proceedings.

Instruction of experts

Communication of information for purposes connected with the proceedings

Communication of information with permission of the court

14.14A

Practice Direction 14G makes provision in relation to the court giving permission to communicate information from proceedings.

Notice of final hearing

The final hearing

Proof of identity of the child

Disclosing information to an adopted adult

Translation of documents

Application for recovery orders

Notice to fathers without parental responsibility

Timing of applications for section 89 order

Custody of documents

Documents held by the court not to be inspected or copied without the court's permission

Orders

Copies of orders

Amendment and revocation of orders

Keeping registers in the family proceedings court

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.