The Family Procedure Rules 2010

(Practice Direction 9A makes provision for statements of truth to be included in estimates of costs and particulars of costs filed and served in accordance with this rule.)

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

9

• (1) Not less than 14 days before the date fixed for the final hearing of an application for a financial remedy, the applicant must (unless the court directs otherwise) file with the court and serve on the respondent an open statement which sets out concise details, including the amounts involved, of the orders which the applicant proposes to ask the court to make.

• (2) Not more than 7 days after service of a statement under paragraph (1), the respondent must file with the court and serve on the applicant an open statement which sets out concise details, including the amounts involved, of the orders which the respondent proposes to ask the court to make.

CHAPTER 8 — PENSIONS

Application and interpretation of this Chapter

9

• (1) This Chapter applies

• (a) where an application for a financial remedy has been made; and

• (b) the applicant or respondent is the party with pension rights.

• (2) In this Chapter—

• (a) in proceedings under the 1973 Act and the 1984 Act, all words and phrases defined in sections 25D(3) and (4) of the 1973 Act have the meaning assigned by those subsections;

• (b) in proceedings under the 2004 Act—

• (i) all words and phrases defined in paragraphs 16(4) to (5) and 29 of Schedule 5 to that Act have the meanings assigned by those paragraphs; and

• (ii) “the party with pension rights” has the meaning given to “civil partner with pension rights” by paragraph 29 of Schedule 5 to the 2004 Act;

• (c) all words and phrases defined in section 46 of the Welfare Reform and Pensions Act 1999 have the meanings assigned by that section.

What the party with pension rights must do when the court fixes a first appointment

9

• (1) Where the court fixes a first appointment as required by rule 9.12(1)(a) the party with pension rights must request the person responsible for each pension arrangement under which the party has or is likely to have benefits to provide the information referred to in regulation 2(2) of the Pensions on Divorce etc (Provision of Information) Regulations 2000. (The information referred to in regulation 2 of the Pensions on Divorce etc (Provision of Information) Regulations 2000 relates to the valuation of pension rights or benefits.)

• (2) The party with pension rights must comply with paragraph (1) within 7 days beginning with the date on which that party receives notification of the date of the first appointment.

• (3) Within 7 days beginning with the date on which the party with pension rights receives the information under paragraph (1) that party must send a copy of it to the other party, together with the name and address of the person responsible for each pension arrangement.

• (4) A request under paragraph (1) need not be made where the party with pension rights is in possession of, or has requested, a relevant valuation of the pension rights or benefits accrued under the pension arrangement in question.

Applications for pension sharing orders

9

Where an application for a financial remedy includes an application for a pension sharing order, or where a request for such an order is added to an existing application for a financial remedy, the applicant must serve a copy of the application on the person responsible for the pension arrangement concerned.

Applications for consent orders for pension sharing

9

• (1) This rule applies where—

• (a) the parties have agreed on the terms of an order and the agreement includes a pension sharing order;

• (b) service has not been effected under rule9.31; and

• (c) the information referred to in paragraph (2) has not otherwise been provided.

• (2) The party with pension rights must—

• (a) request the person responsible for the pension arrangement concerned to provide the information set out in Section C of the Pension Inquiry Form; and

• (b) on receipt, send a copy of the information referred to in sub-paragraph (a) to the other party.

Applications for pension attachment orders

9

• (1) Where an application for a financial remedy includes an application for a pension attachment order, or where a request for such an order is added to an existing application for a financial remedy, the applicant must serve a copy of the application on the person responsible for the pension arrangement concerned and must at the same time send—

• (a) an address to which any notice which the person responsible is required to serve on the applicant is to be sent;

• (b) an address to which any payment which the person responsible is required to make to the applicant is to be sent; and

• (c) where the address in sub-paragraph (b) is that of a bank, a building society or the Department of National Savings, sufficient details to enable the payment to be made into the account of the applicant.

• (2) A person responsible for a pension arrangement who receives a copy of the application under paragraph (1) may, within 21 days beginning with the date of service of the application, request the party with the pension rights to provide that person with the information disclosed in the financial statement relating to the party's pension rights or benefits under that arrangement.

• (3) If the person responsible for a pension arrangement makes a request under paragraph (2), the party with the pension rights must provide that person with a copy of the section of that party's financial statement that relates to that party's pension rights or benefits under that arrangement.

• (4) The party with the pension rights must comply with paragraph (3)—

• (a) within the time limited for filing the financial statement by rule 9.14(1); or

• (b) within 21 days beginning with the date on which the person responsible for the pension arrangement makes the request,

whichever is the later.

• (5) A person responsible for a pension arrangement who receives a copy of the section of a financial statement as required pursuant to paragraph (4) may, within 21 days beginning with the date on which that person receives it, send to the court, the applicant and the respondent a statement in answer.

• (6) A person responsible for a pension arrangement who files a statement in answer pursuant to paragraph (5) will be entitled to be represented at the first appointment, or such other hearing as the court may direct, and the court must within 4 days, beginning with the date on which that person files the statement in answer, give the person notice of the date of the first appointment or other hearing as the case may be.

Applications for consent orders for pension attachment

9

• (1) This rule applies where service has not been effected under rule9.33(1).

• (2) Where the parties have agreed on the terms of an order and the agreement includes a pension attachment order, then they must serve on the person responsible for the pension arrangement concerned—

• (a) a copy of the application for a consent order;

• (b) a draft of the proposed order, complying with rule 9.35; and

• (c) the particulars set out in rule 9.33(1).

• (3) No consent order that includes a pension attachment order must be made unless either—

• (a) the person responsible for the pension arrangement has not made any objection within 21 days beginning with the date on which the application for a consent order was served on that person; or

• (b) the court has considered any such objection, and for the purpose of considering any objection the court may make such direction as it sees fit for the person responsible to attend before it or to furnish written details of the objection.

Pension sharing orders or pension attachment orders

9

An order for a financial remedy, whether by consent or not, which includes a pension sharing order or a pension attachment order, must—

• (a) in the body of the order, state that there is to be provision by way of pension sharing or pension attachment in accordance with the annex or annexes to the order; and

• (b) be accompanied by a pension sharing annex or a pension attachment annex as the case may require, and if provision is made in relation to more than one pension arrangement there must be one annex for each pension arrangement.

Duty of the court upon making a pension sharing order or a pension attachment order

9

• (1) A court which varies or discharges a pension sharing order or a pension attachment order, must send, or direct one of the parties to send—

• (a) to the person responsible for the pension arrangement concerned; or

• (b) where the Board has assumed responsibility for the pension scheme or part of it, the Board;

the documents referred to in paragraph (4).

• (2) A court which makes a pension sharing order or pension attachment order, must send, or direct one of the parties to send to the person responsible for the pension arrangement concerned, the documents referred to in paragraph (4).

• (3) Where the Board has assumed responsibility for the pension scheme or part of it after the making of a pension sharing order or attachment order but before the documents have been sent to the person responsible for the pension arrangement in accordance with paragraph (2), the court which makes the pension sharing order or the pension attachment order, must send, or direct one of the parties to send to the Board the documents referred to in paragraph (4).

• (4) The documents to be sent in accordance with paragraph (1) to (3) are—

• (a) in the case of—

• (i) proceedings under the 1973 Act, a copy of the judicial separation order;

• (ii) proceedings under Schedule 5 to the 2004 Act, a copy of the separation order;

• (iii) proceedings under Part 3 of the 1984 Act, a copy of the document of divorce, annulment or legal separation;

• (iv) proceedings under Schedule 7 to the 2004 Act, a copy of the document of dissolution, annulment or legal separation;

• (b) in the case of divorce or nullity of marriage, a copy of the final order under rule 7.19 or 7.20; or

• (c) in the case of dissolution or nullity of civil partnership, a copy of the order making the conditional order final under rule 7.19 or 7.20; and

• (d) a copy of the pension sharing order or the pension attachment order, or as the case may be of the order varying or discharging that order, including any annex to that order relating to that pension arrangement but no other annex to that order.

• (5) The documents referred to in paragraph (4) must be sent—

• (a) in proceedings under the 1973 Act and the 1984 Act, within 7 days beginning with the date on which—

• (i) the relevant pension sharing or pension attachment order , or any order varying or discharging such an order, is made; or

• (ii) the final order of divorce or nullity or judicial separation order is made,

whichever is the later; and

• (b) in proceedings under the 2004 Act, within 7 days beginning with the date on which—

• (i) the relevant pension sharing or pension attachment order , or any order varying or discharging such an order, is made; or

• (ii) the final order of dissolution or nullity or separation order is made,

whichever is the later.

Procedure where Pension Protection Fund becomes involved with the pension scheme

9

• (1) This rule applies where—

• (a) rules 9.30 to 9.34 or 9.36 apply; and

• (b) the party with the pension rights (“the member”) receives or has received notification in compliance with the Pension Protection Fund (Provision of Information) Regulations 2005 (“the 2005 Regulations”) —

• (i) from the trustees or managers of a pension scheme, that there is an assessment period in relation to that scheme; or

• (ii) from the Board that it has assumed responsibility for the pension scheme or part of it.

• (2) If the trustees or managers of the pension scheme notify or have notified the member that there is an assessment period in relation to that scheme, the member must send to the other party, all the information which the Board is required from time to time to provide to the member under the 2005 Regulations including—

• (a) a copy of the notification; and

• (b) a copy of the valuation summary,

in accordance with paragraph (3).

• (3) The member must send the information or any part of it referred to in paragraph (2)—

• (a) if available, when the member sends the information received under rule 9.30(1); or

• (b) otherwise, within 7 days of receipt.

• (4) If the Board notifies the member that it has assumed responsibility for the pension scheme, or part of it, the member must—

• (a) send a copy of the notification to the other party within 7 days of receipt; and

• (b) comply with paragraph (5).

• (5) Where paragraph (4) applies, the member must—

• (a) within 7 days of receipt of the notification, request the Board in writing to provide a forecast of the member's compensation entitlement as described in the 2005 Regulations; and

• (b) send a copy of the forecast of the member's compensation entitlement to the other party within 7 days of receipt.

• (6) In this rule—

• (a) “assessment period” means an assessment period within the meaning of Part 2 of the Pensions Act 2004; and

• (b) “valuation summary” has the meaning assigned to it by the 2005 Regulations.

CHAPTER 9 — PENSION PROTECTION FUND COMPENSATION

Application and interpretation of this Chapter

9

• (1) This Chapter applies—

• (a) where an application for a financial remedy has been made; and

• (b) the applicant or respondent is, the party with compensation rights.

• (2) In this Chapter “party with compensation rights” —

• (a) in proceedings under the 1973 Act and the 1984 Act, has the meaning given to it by section 25G(5) of the 1973 Act;

• (b) in proceedings under the 2004 Act, has the meaning given to “civil partner with compensation rights” by paragraph 37(1) of Schedule 5 to the 2004 Act .

What the party with compensation rights must do when the court fixes a first appointment

9

• (1) Where the court fixes a first appointment as required by rule 9.12(1)(a) the party with compensation rights must request the Board to provide the information about the valuation of entitlement to PPF compensation referred to in regulations made by the Secretary of State under section 118 of the Pensions Act 2008.

• (2) The party with compensation rights must comply with paragraph (1) within 7 days beginning with the date on which that party receives notification of the date of the first appointment.

• (3) Within 7 days beginning with the date on which the party with compensation rights receives the information under paragraph (1) that party must send a copy of it to the other party, together with the name and address of the trustees or managers responsible for each pension scheme.

• (4) Where the rights to PPF Compensation are derived from rights under more than one pension scheme, the party with compensation rights must comply with this rule in relation to each entitlement.

Applications for pension compensation sharing orders

9

Where an application for a financial remedy includes an application for a pension compensation sharing order or where a request for such an order is added to an existing application for a financial remedy, the applicant must serve a copy of the application on the Board.

Applications for consent orders for pension compensation sharing

9

• (1) This rule applies where—

• (a) the parties have agreed on the terms of an order and the agreement includes a pension compensation sharing order;

• (b) service has not been effected under rule 9.40; and

• (c) the information referred to in paragraph (2) has not otherwise been provided.

• (2) The party with compensation rights must—

• (a) request the Board to provide the information set out in Section C of the Pension Protection Fund Inquiry Form; and

• (b) on receipt, send a copy of the information referred to in sub-paragraph (a) to the other party.

Applications for pension compensation attachment orders

9

Where an application for a financial remedy includes an application for a pension compensation attachment order or where a request for such an order is added to an existing application for a financial remedy, the applicant must serve a copy of the application on the Board and must at the same time send—

• (a) an address to which any notice which the Board is required to serve on the applicant is to be sent;

• (b) an address to which any payment which the Board is required to make to the applicant is to be sent; and

• (c) where the address in sub-paragraph (b) is that of a bank, a building society or the Department of National Savings, sufficient details to enable the payment to be made into the account of the applicant.

Applications for consent orders for pension compensation attachment

9

• (1) This rule applies where service has not been effected under rule9.42.

• (2) Where the parties have agreed on the terms of an order and the agreement includes a pension compensation attachment order, then they must serve on the Board—

• (a) a copy of the application for a consent order;

• (b) a draft of the proposed order, complying with rule 9.44; and

• (c) the particulars set out in rule 9.42.

Pension compensation sharing orders or pension compensation attachment orders

9

An order for a financial remedy, whether by consent or not, which includes a pension compensation sharing order or a pension compensation attachment order, must—

• (a) in the body of the order, state that there is to be provision by way of pension compensation sharing or pension compensation attachment in accordance with the annex or annexes to the order; and

• (b) be accompanied by a pension compensation sharing annex or a pension compensation attachment annex as the case may require, and if provision is made in relation to entitlement to PPF compensation that derives from rights under more than one pension scheme there must be one annex for each such entitlement.

Duty of the court upon making a pension compensation sharing order or a pension compensation attachment order

9

• (1) A court which makes, varies or discharges a pension compensation sharing order or a pension compensation attachment order, must send, or direct one of the parties to send, to the Board—

• (a) in the case of—

• (i) proceedings under Part 3 of the 1984 Act, a copy of the document of divorce, annulment or legal separation;

• (ii) proceedings under Schedule 7 to the 2004 Act, a copy of the document of dissolution, annulment or legal separation;

• (b) in the case of —

• (i) divorce or nullity of marriage, a copy of the final order under rule 7.19 or 7.20;

• (ii) dissolution or nullity of civil partnership, a copy of the order making the conditional order final under rule 7.19 or 7.20;

• (c) in the case of separation—

• (i) in the matrimonial proceedings, a copy of the judicial separation order;

• (ii) in civil partnership proceedings, a copy of the separation order; and

• (d) a copy of the pension compensation sharing order or the pension compensation attachment order, or as the case may be of the order varying or discharging that order, including any annex to that order relating to that PPF compensation but no other annex to that order.

• (2) The documents referred to in paragraph (1) must be sent—

• (a) in proceedings under the 1973 Act and the 1984 Act, within 7 days beginning with the date on which—

• (i) the relevant pension compensation sharing or pension compensation attachment order is made; or

• (ii) the final order of divorce or nullity or the judicial separation order is made,

whichever is the later; and

• (b) in proceedings under the 2004 Act, within 7 days beginning with the date on which—

• (i) the relevant pension compensation sharing or pension compensation attachment order is made; or

• (ii) the final order of dissolution or nullity or separation order is made,

whichever is the later.

CHAPTER 10 — COMMUNICATION OF INFORMATION FROM FINANCIAL REMEDY PROCEEDINGS

Communication of information: Practice Direction 9B

9.46

• (1) For the purposes of the law relating to contempt of court, information from financial remedy proceedings may be communicated in accordance with Practice Direction 9B.

• (2) Paragraph (1) is subject to any direction of the court.

• (3) Nothing in this rule permits the communication to the public at large, or any section of the public, of any information relating to the proceedings.

(Rule 29.2 makes provision about disclosure of information under the 1991 Act.)

Communication of information with the permission of the court

947

A practice direction may make provision in relation to the court giving permission to communicate information from proceedings.

PART 10 — APPLICATIONS UNDER PART 4 OF THE FAMILY LAW ACT 1996

Scope and interpretation of this Part

10

The rules in this Part apply to proceedings under Part 4 of the 1996 Act.

Applications for an occupation order or a non-molestation order

10

• (1) An application for an occupation order or a non-molestation order must be supported by a witness statement.

• (2) An application for an occupation order or a non-molestation order may be made without notice.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Where an application is made without notice, the witness statement in support of the application must state the reasons why notice has not been given. (Section 45 of the 1996 Act sets out the criteria for making an order without notice.)

Service of the application

10

• (1) In an application made on notice, the applicant must , subject to rule 6.23A and any order made under rule 6.35 or 6.36, serve—

• (a) a copy of the application together with any statement in support; and

• (b) notice of any hearing or directions appointment set by the court,

on the respondent personally—

• (i) not less than 2 days before the hearing; or

• (ii) within such period as the court may direct.

• (1A) An application must not be served personally by the applicant himself or herself.

• (2) Where the applicant is acting in person, the applicant may request the court officer to serve the application on the respondent.

• (3) In an application for an occupation order under section 33, 35 or 36 of the 1996 Act , the applicant must serve on the mortgagee and any landlord of the dwelling-house in question—

• (a) a copy of the application; and

• (b) notice of the right to make representations in writing or orally at any hearing.

• (4) The applicant must file a certificate of service after serving the application.

(... )

Transfer of pending proceedings to another court

10

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

Privacy

10

Any hearing relating to an application for an occupation order or a non-molestation order will be in private unless the court directs otherwise.

Service of an order

10

• (1) Subject to rule 6.23A and any order made under rule 6.35 or 6.36, the applicant must, as soon as reasonably practicable, serve on the respondent personally—

• (a) a copy of the order; and

• (b) where the order is made without notice—

• (i) a copy of the application together with any statement supporting it; and

• (ii) where the order is made by lay justices, a copy of the written record of the reasons for the court’s decision.

(Rule 27.2 makes provision in respect of lay justices giving written reasons in the family court.)

• (1A) The documents listed in paragraph (1) must not be served personally by the applicant himself or herself.

• (2) The court must serve the documents listed in paragraph (1) if—

• (a) an applicant, acting in person, so requests; or

• (b) the court made the order of its own initiative.

• (3) In an application for an occupation order under section 33, 35 or 36 of the 1996 Act, the applicant must serve a copy of any order made on the mortgagee and any landlord of the dwelling-house in question.

Representations made by a mortgagee or landlord

10

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

Applications to vary, extend or discharge an order

10

Rules 10.5 to 10.7 apply to applications to vary, extend or discharge an order.

Orders containing provisions to which a power of arrest is attached

10

Where the court makes an occupation order containing one or more provisions to which a power of arrest is attached (“relevant provisions”)—

• (a) each relevant provision must be set out in a separate paragraph in the order; and

• (b) a paragraph containing a relevant provision must not include a provision of the order to which the power of arrest is not attached.

Service of an order on the officer for the time being in charge of a police station

10

• (1) Where the court makes—

• (a) an occupation order to which a power of arrest is attached; or

• (b) a non-molestation order,

a copy of the order must be delivered to the officer for the time being in charge of—

• (i) the police station for the applicant's address; or

• (ii) such other police station as the court may specify.

• (2) A copy of the order delivered under paragraph (1) must be accompanied by a statement showing that the respondent has been served with the order or informed of its terms (whether by being present when the order was made or by telephone or otherwise).

• (3) The documentation referred to in paragraphs (1) and (2) must be delivered by—

• (a) the applicant; or

• (b) the court officer, where rule 10.6(2) applies.

• (4) Paragraph (5) applies where an order is made varying or discharging—

• (a) a provision of an occupation order to which a power of arrest is attached; or

• (b) a provision of a non-molestation order.

• (5) The court officer must—

• (a) immediately inform—

• (i) the officer who received a copy of the order under paragraph (1); and

• (ii) if the applicant's address has changed, the officer for the time being in charge of the police station for the new address; and

• (b) deliver a copy of the order referred to in paragraph (4)(a) or (b) and the order referred to in paragraph (1) to any officer so informed.

Proceedings following arrest ...

10

• (1) This rule applies where a person is arrested pursuant to—

• (a) a power of arrest attached to a provision of an occupation order; ...

• (b) a warrant of arrest issued on an application under section 47(8) of the 1996 Act ; or

• (c) a warrant of arrest issued on an application for enforcement of an incoming protection measure.

(The Civil Jurisdiction and Judgments (Protection Measures) Regulations 2014(1) make provision in relation to the powers of the family court and the High Court to enforce incoming protection measures under the Protection Measures Regulation.)

• (2) The court before which a person is brought following arrest may—

• (a) determine whether the facts, and the circumstances which led to the arrest, amounted to disobedience of the order; or

• (b) adjourn the proceedings.

• (3) Where the proceedings are adjourned and the arrested person is released—

• (a) unless the court directs otherwise, the matter must be dealt with within 14 days beginning with the date of arrest; and

• (b) the arrested person must be given not less than 2 days' notice of the hearing.

• (4) An application notice seeking the committal for contempt of court of the arrested person may be issued if the arrested person is not dealt with within the period mentioned in paragraph (3)(a).

(The powers of the court to remand in custody or on bail are contained in section 47 of and Schedule 5 to the Family Law Act 1996 .)

...

Enforcement of an order: requirement for a penal notice

10

At the time when the order is drawn up, the court officer will—

• (a) where the order made is (or includes) a non-molestation order; or

• (b) where the order made is an occupation order and the court so directs,

issue a copy of the order, endorsed with or incorporating a notice as to the consequences of disobedience, for service in accordance with rule 10.6.

(For enforcement of an order by way of committal see Part 37 (rule 37.4(2)(c) requires a contempt application to include confirmation that any order allegedly breached or disobeyed contained a penal notice).)

Enforcement of an undertaking

10

... Part 37 applies ... where an application is made to commit a person for breach of an undertaking.

(Rule 37.4(2) includes requirements for the information to be contained in a contempt application in relation to breach of an undertaking.).)

Power to adjourn the hearing for consideration of the penalty

10

The court may adjourn the hearing for consideration of the penalty to be imposed for any contempt of court found proved and such a hearing may be restored if the respondent does not comply with any conditions specified by the court.

(... )

Hospital orders or guardianship orders under the Mental Health Act 1983

10

• (1) Where the court makes a hospital order under the Mental Health Act 1983 the court officer must—

• (a) send to the hospital any information which will be of assistance in dealing with the patient; and

• (b) inform the applicant when the respondent is being transferred to hospital.

• (2) Where the court makes a guardianship order under the Mental Health Act 1983, the court officer must send any information which will be of assistance in dealing with the patient to—

• (a) the patient's guardian; and

• (b) where the guardian is a person other than the local services authority, the local services authority.

(... )

Transfer directions under section 48 of the Mental Health Act 1983

10

• (1) Where a transfer direction given by the Secretary of State under section 48 of the Mental Health Act 1983 is in force in respect of a person remanded in custody by the court, the court officer must notify—

• (a) the governor of the prison to which that person was remanded; and

• (b) the hospital where that person is detained,

of any committal hearing which that person is required to attend.

• (2) The court officer must also give notice in writing of any further remand to the hospital where that person is detained.

(... )

Recognizances

10

• (1) Where, in accordance with paragraph 2(1)(b)(ii) of Schedule 5 to the 1996 Act, the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by—

• (a) a judge of the court;

• (b) a police officer of the rank of inspector or above or in charge of a police station; or

• (c) the governor or keeper of a prison where the arrested person is in custody.

• (2) The person having custody of an applicant for bail must release that applicant if satisfied that the required recognizances have been taken.

(... )

PART 11 — APPLICATIONS UNDER PART 4A OF THE FAMILY LAW ACT 1996 OR PART 1 OF SCHEDULE 2 TO THE FEMALE GENITAL MUTILATION ACT 2003

Scope and interpretation

11

• (1) The rules in this Part apply to proceedings ... under Part 4A of the 1996 Act and under Part 1 of Schedule 2 to the 2003 Act .

• (2) In this Part—

• “the 2003 Act” means the Female Genital Mutilation Act 2003;

• “a FGM protection order” means an order under paragraph 1(1) of Part 1 of Schedule 2 to the 2003 Act;

• “a forced marriage protection order” means an order under section 63A of the 1996 Act ; ...

• “an individual” means a person (whether legally represented or not) who is not applying for an order on behalf of an organisation, and includes the person who is the subject of the proceedings;

• “a protection order” means a forced marriage protection order or a FGM protection order; and

• “the person who is the subject of the proceedings” means the person who will be protected by the ... protection order applied for or being considered by the court of its own initiative, if that order is made, or who is being protected by the protection order.

Applications

11

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

• (2) Where an application is made without notice, it must be supported by a witness statement explaining why notice has not been given.

• (3) An application for a ... protection order made by an organisation must state—

• (a) the name and address of the person submitting the application; and

• (b) the position which that person holds in the organisation.

Directions about service

11.2A

• (1) Where rules within this Part require the person who is the subject of proceedings to be served with any documents or informed of any action taken by the court, and that person is not the applicant and is—

• (a) a child;

• (b) a person, not being a party, who lacks or may lack capacity within the meaning of the 2005 Act; or

• (c) a protected party;

the court must give directions about the persons who are to be served or informed.

• (2) This rule applies to rules 11.3(3)(c), 11.4(1)(b), 11.6(3)(c) and 11.7(3).

Permission to apply

11

• (A1) An application for permission to apply for a protection order may be made without notice.

• (1) Where the permission of the court is required to apply for a ... protection order, the person seeking permission must file—

• (a) a Part 18 application notice setting out—

• (i) the reasons for the application, for the making of which permission is sought (“the proposed application”);

• (ii) the applicant's connection with the person to be protected;

• (iii) the applicant's knowledge of the circumstances of the person to be protected; and

• (iv) in relation to an application for permission to apply for a forced marriage protection order only, the applicant's knowledge of the wishes and feelings of the person to be protected;

and

• (b) a draft of the proposed application, together with sufficient copies for one to be served on each respondent and (if different) the person to be protected.

• (2) As soon as practicable after receiving an application under paragraph (1), the court must—

• (a) grant the application; or

• (b) direct that a date be fixed for the hearing of the application and fix the date.

• (3) The court officer must inform the following persons of the court's action under paragraph (2)—

• (a) the applicant;

• (b) the respondent;

• (c) (if different) the person to be protected; and

• (d) any other person directed by the court.

• (4) Where permission is granted to apply for a ... protection order, the application must proceed in accordance with rule 11.2.

Service of applications on notice

11

• (1) Subject to paragraphs (3) and (7), where an application is made on notice, the applicant must serve a copy of the application, together with the notice of proceedings, personally on—

• (a) the respondent;

• (b) the person who is the subject of the proceedings (if that person is neither the applicant nor a respondent); and

• (c) any other person directed by the court,

not less than 2 days before the date on which the application will be heard.

• (1A) Where the applicant is an individual, the application must not be served personally by the applicant himself or herself.

• (2) The court may abridge the period specified in paragraph (1).

• (3) Subject to paragraph (7), service of the application must be effected by the court if the applicant , acting in person, so requests (this does not affect the court's power to order substituted service).

• (4) Where the application is served on the person who is the subject of the proceedings, it must be accompanied by a notice informing that person—

• (a) how to apply to become a party to the proceedings; and

• (b) of that person's right to make representations in writing or orally at any hearing.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where an application is served by the applicant, the applicant must file a certificate of service stating the date and time of personal service on each party served.

• (7) This rule is subject to rule 6.23A (which specifies how service is to be effected on a person where there are reasonable grounds to believe that person is residing in a refuge).

Transfer of proceedings

11

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

Parties

11

• (A1) Where the person who is the subject of proceedings is not the applicant and is a child, the court must consider, at every stage in the proceedings, whether to make that child a party to proceedings.

(For when a child should be made a party to proceedings generally see paragraph 7 of Practice Direction 16A).

• (1) In proceedings under this Part, a person may file a Part 18 application notice for that person or another person to—

• (a) be joined as a party; or

• (b) cease to be a party.

• (2) As soon as practicable after receiving an application under paragraph (1), the court must do one of the following—

• (a) in the case only of an application under paragraph (1)(a), grant the application;

• (b) order that the application be considered at a hearing, and fix a date for the hearing; or

• (c) invite written representations as to whether the application should be granted, to be filed within a specified period, and upon expiry of that period act under sub-paragraph (a) or (b) as it sees fit.

• (3) The court officer must inform the following persons of the court's action under paragraph (2)—

• (a) the applicant under paragraph (1);

• (b) (if different) the applicant for the ... protection order and the respondent to that application;

• (c) (if different) the person who is the subject of the proceedings; and

• (d) any other person directed by the court.

• (4) The court may at any time direct—

• (a) that a person who would not otherwise be a respondent under these rules be joined as a party to the proceedings; or

• (b) that a party to the proceedings cease to be a party,

and such a direction may be made by the court of its own initiative as well as upon an application under paragraph (1).

• (5) Where the court directs the addition or removal of a party, it may give consequential directions about—

• (a) service on a new party of a copy of the application for the ... protection order and other relevant documents; and

• (b) the management of the proceedings.

Hearings and service of orders

11

• (1) Any hearing relating to an application for a ... protection order must be in private unless the court otherwise directs.

• (2) The court may direct the withholding of any submissions made, or any evidence adduced, for or at any hearing in proceedings to which this Part applies—

• (a) in order to protect the person who is the subject of the proceedings or any other person; or

• (b) for any other good reason.

• (3) The applicant must, subject to rule 6.23A, within two days of an order being made (unless otherwise directed by the court), serve personally—

• (a) a copy of the order;

• (b) a copy of the record of the hearing; and

• (c) where the order is made without notice, a copy of the application together with any statement supporting it,

on the respondent, the person who is the subject of the proceedings (if neither the applicant nor a respondent), and any other person named in the order.

• (3A) Where the applicant is an individual, the documents listed in paragraph (3) must not be served personally by the applicant himself or herself.

• (4) The court must serve the documents listed in paragraph (3) if—

• (a) an applicant, acting in person, so requests; or

• (b) the court made the order of its own initiative.

Orders made by the court of its own initiative

11

• (1) Where the court makes a ... protection order of its own initiative under section 63C of the 1996 Act or under paragraph 2 of Part 1 of Schedule 2 to the 2003 Act , it must set out in the order—

• (a) a summary of its reasons for making the order; and

• (b) the names of the persons who are to be served with the order.

• (2) The court may order service of the order on—

• (a) any of the parties to the current proceedings;

• (b) (if different) the person who is the subject of the proceedings; and

• (c) any other person whom the court considers should be served.

• (3) The court must give directions as to how the order is to be served.

(Rule 6.23A specifies how service is to be effected on a person where there are reasonable grounds to believe that person is residing in a refuge.)

Representations in respect of orders

11

Where the court makes an order of a type referred to in rule 11.7 or 11.8, it may direct that a hearing (or further hearing) be held in order to consider any representations made by any of the persons named in, or directed to be served with, the order.

Applications to vary, extend or discharge an order

11

Rules 11.7 and 11.9 apply to applications to vary, extend or discharge a ... protection order.

Orders containing provisions to which a power of arrest is attached

11

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

Notifying the police

11

A practice direction may make provision for notifying the police when a protection order is made, varied, extended or discharged.

Application for issue of warrant for arrest

11

• (1) An application under section 63J(2) of the 1996 Act or under paragraph 7(1) of Part 1 of Schedule 2 to the 2003 Act for the issue of a warrant for the arrest of a person must be supported by a sworn statement.

• (2) An application for the issue of a warrant for arrest made by a person who is neither the person who is the subject of the proceedings nor (if different) the person who applied for the order, shall be treated, in the first instance, as an application for permission to apply for the warrant to be issued, and the court shall either—

• (a) grant the application; or

• (b) direct that a date be fixed for the hearing of the application and fix a date.

• (3) The court officer must inform the following persons of the court's action under paragraph (2)—

• (a) the person applying for the issue of the warrant;

• (b) the person being protected by the order; and

• (c) any other person directed by the court.

Proceedings following arrest

11

• (1) This rule applies where a person is arrested pursuant to—

• (a) a power of arrest attached to a provision of a forced marriage protection order; or

• (b) a warrant of arrest issued on an application under section 63J(2) of the 1996 Act or under paragraph 7(1) of Part 1 of Schedule 2 to the 2003 Act.

• (2) The court before whom a person is brought following his arrest may—

• (a) determine whether the facts and the circumstances which led to the arrest amounted to disobedience of the order; or

• (b) adjourn the proceedings.

• (3) Where the proceedings are adjourned, the arrested person may be released and—

• (a) unless the court directs otherwise, be dealt with within 14 days of the day on which the person was arrested; and

• (b) be given not less than 2 days' notice of the adjourned hearing.

• (4) An application notice seeking the committal for contempt of court of the arrested person may be issued if the arrested person is not dealt with within the period mentioned in paragraph (3)(a).

(The powers of the court to remand in custody or on bail are contained in section 47 of and Schedule 5 to the 1996 Act and in paragraphs 8 to14 of Part 1 of Schedule 2 to the 2003 Act .)

Enforcement of orders and undertakings

11

• (1) At the time when the order is drawn up, the court officer will, where the order made is (or includes) a ... protection order, issue a copy of the order, endorsed with or incorporating a notice as to the consequences of disobedience, for service in accordance with rule 11.7.

• (2) ... Part 37 applies ... where an application is made to commit a person for breach of an undertaking.

(Rule 37.4(2) includes requirements for the information to be contained in a contempt application in relation to breach of an order or an undertaking.).)

Power to adjourn the hearing for consideration of the penalty

11

The court may adjourn the hearing for consideration of the penalty to be imposed for any contempt of court found proved and such hearing may be restored if the contemnor does not comply with any conditions specified by the court.

Hospital orders or guardianship orders under the Mental Health Act 1983

11

• (1) Where the court makes a hospital order under the Mental Health Act 1983, the court officer must—

• (a) send to the hospital any information which will be of assistance in dealing with the patient; and

• (b) inform the persons directed by the court to be informed about when the patient is being transferred to hospital.

• (2) Where the court makes a guardianship order under the Mental Health Act 1983, the court officer must send any information which will be of assistance in dealing with the patient to—

• (a) the patient's guardian; and

• (b) where the guardian is a person other than the local services authority, the local services authority.

Transfer directions under section 48 of the Mental Health Act 1983

11

• (1) Where a transfer direction given by the Secretary of State under section 48 of the Mental Health Act 1983 is in force in respect of a person remanded in custody by the court, the court officer must notify—

• (a) the governor of the prison to which that person was remanded; and

• (b) the hospital where that person is detained,

of any committal hearing which that person is required to attend.

• (2) The court officer must also give notice in writing of any further remand to the hospital where that person is detained.

Recognizances

11

• (1) Where, in accordance with paragraph 2(1)(b)(ii) of Schedule 5 to the 1996 Act or paragraph 10(3)(b) of Part 1 of Schedule 2 to the 2003 Act, the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by—

• (a) a judge of the court;

• (b) a police officer of the rank of inspector or above or in charge of a police station; or

• (c) the governor or keeper of a prison where the arrested person is in the custody of that governor or keeper.

• (2) The person having custody of an applicant for bail must release him if satisfied that the required recognizances have been taken.

PART 12 — CHILDREN PROCEEDINGS EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS

CHAPTER 1 — INTERPRETATION AND APPLICATION OF THIS PART

Application of this Part

12

• (1) The rules in this Part apply to—

• (a) emergency proceedings;

• (b) private law proceedings;

• (c) public law proceedings;

• (d) proceedings relating to the exercise of the court's inherent jurisdiction (other than applications for the court's permission to start such proceedings);

• (e) proceedings relating to child abduction and the recognition and enforcement of decisions relating to custody under the European Convention;

• (f) proceedings relating to ... the 1996 Hague Convention in respect of children; and

• (g) any other proceedings which may be referred to in a practice direction.

(Part 18 sets out the procedure for making an application for permission to bring proceedings.) (Part 31 sets out the procedure for making applications for recognition and enforcement of judgments under ... the 1996 Hague Convention.)

• (2) The rules in Chapter 7 of this Part also apply to family proceedings which are not within paragraph (1) but which otherwise relate wholly or mainly to the maintenance or upbringing of a minor.

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

Interpretation

12

In this Part—

• “the 2006 Act” means the Childcare Act 2006 ;

• “activity condition” has the meaning given to it by section 11C(2) of the 1989 Act;”

• “activity direction” has the meaning given to it by section 11A(3) of the 1989 Act;

• “advocate” means a person exercising a right of audience as a representative of, or on behalf of, a party;

• “care proceedings” means proceedings for a care order under section 31(1)(a) of the 1989 Act;

• “Case Management Order” means an order in the form referred to in Practice Direction 12A;

• “child assessment order” has the meaning assigned to it by section 43(2) of the 1989 Act;

• ...

• ...

• “contribution order” has the meaning assigned to it by paragraph 23(2) of Schedule 2 to the 1989 Act;

• “education supervision order” has the meaning assigned to it by section 36(2) of the 1989 Act;

• “emergency proceedings” means proceedings for—the disclosure of information as to the whereabouts of a child under section 33 of the 1986 Act ;an order authorising the taking charge of and delivery of a child under section 34 of the 1986 Act ;an emergency protection order;an order under section 44(9)(b) of the 1989 Act varying a direction in an emergency protection order given under section 44(6) of that Act;an order under section 45(5) of the 1989 Act extending the period during which an emergency protection order is to have effect;an order under section 45(8) of the 1989 Act discharging an emergency protection order;an order under section 45(8A) of the 1989 Act varying or discharging an emergency protection order in so far as it imposes an exclusion requirement on a person who is not entitled to apply for the order to be discharged;an order under section 45(8B) of the 1989 Act varying or discharging an emergency protection order in so far as it confers a power of arrest attached to an exclusion requirement;warrants under sections 48(9) and 102(1) of the 1989 Act and under section 79 of the 2006 Act ; ora recovery order under section 50 of the 1989 Act ;

• “emergency protection order” means an order under section 44 of the 1989 Act;

• “enforcement order” has the meaning assigned to it by section 11J(2) of the 1989 Act;

• “financial compensation order” means an order made under section 11O(2) of the 1989 Act;

• “interim order” means an interim care order or an interim supervision order referred to in section 38(1) of the 1989 Act;

• “Part 4 proceedings” means proceedings for—a care order, or the discharge of such an order, under section 39(1) of the 1989 Act;an order giving permission to change a child’s surname or remove a child from the United Kingdom under section 33(7) of the 1989 Act;a supervision order, the discharge or variation of such an order under section 39(2) of the 1989 Act, or the extension of such an order under paragraph 6(3) of Schedule 3 to that Act;an order making provision regarding contact under section 34(2) to (4) of the 1989 Act or an order varying or discharging such an order under section 34(9) of that Act;an education supervision order, the extension of an education supervision order under paragraph 15(2) of Schedule 3 to the 1989 Act, or the discharge of such an order under paragraph 17(1) of Schedule 3 to that Act;an order varying directions made with an interim care order or interim supervision order under section 38(8)(b) of the 1989 Act;an order under section 39(3) of the 1989 Act varying a supervision order in so far as it affects a person with whom the child is living but who is not entitled to apply for the order to be discharged;an order under section 39(3A) of the 1989 Act varying or discharging an interim care order in so far as it imposes an exclusion requirement on a person who is not entitled to apply for the order to be discharged;an order under section 39(3B) of the 1989 Act varying or discharging an interim care order in so far as it confers a power of arrest attached to an exclusion requirement; orthe substitution of a supervision order for a care order under section 39(4) of the 1989 Act;

• “private law proceedings” means proceedings for— a section 8 order except a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority; a parental responsibility order under sections 4(1)(c) , 4ZA(1)(c) or 4A(1)(b) of the 1989 Act or an order terminating parental responsibility under sections 4(2A), 4ZA(5) or 4A(3) of that Act;an order appointing a child's guardian under section 5(1) of the 1989 Act or an order terminating the appointment under section 6(7) of that Act;an order giving permission to change a child's surname or remove a child from the United Kingdom under sections 13(1) or 14C(3) of the 1989 Act;a special guardianship order except where that order relates to a child who is subject of a care order;an order varying or discharging such an order under section 14D of the 1989 Act ;an enforcement order;a financial compensation order;an order under paragraph 9 of Schedule A1 to the 1989 Act following a breach of an enforcement order;an order under Part 2 of Schedule A1 to the 1989 Act revoking or amending an enforcement order; oran order that a warning notice be attached to a child arrangements order;

• “public law proceedings” means Part 4 proceedings and proceedings for— a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority; a special guardianship order relating to a child who is the subject of a care order;a secure accommodation order under section 25 of the 1989 Act ;...a child assessment order, or the variation or discharge of such an order under section 43(12) of the 1989 Act;an order permitting the local authority to arrange for any child in its care to live outside England and Wales under paragraph 19(1) of Schedule 2 to the 1989 Act;a contribution order, or revocation of such an order under paragraph 23(8) of Schedule 2 to the 1989 Act;an appeal under paragraph 8(1) of Schedule 8 to the 1989 Act;

• “special guardianship order” has the meaning assigned to it by section 14A(1) of the 1989 Act ;

• “supervision order” has the meaning assigned to it by section 31(11) of the 1989 Act;

• “supervision proceedings” means proceedings for a supervision order under section 31(1)(b) of the 1989 Act;

• “warning notice” means a notice attached to an order pursuant to section 8(2) of the Children and Adoption Act 2006.

(The 1980 Hague Convention, the 1996 Hague Convention, the Council Regulation, and the European Convention are defined in rule 2.3.)

CHAPTER 2 — GENERAL RULES

Who the parties are

12

• (1) In relation to the proceedings set out in column 1 of the following table, column 2 sets out who may make the application and column 3 sets out who the respondents to those proceedings will be.