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The Family Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-12-13

Last updated 2026-03-02

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) The court officer of the High Court must enter particulars of the registration in ... the register.

Registration in the High Court of a magistrates' court order

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

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Variation or discharge of an order registered in a magistrates' court

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(1) This rule applies where a maintenance order is registered in the family court under Part 1 of the 1958 Act.

(2) If the court which made the order makes an order varying or discharging that order the court officer of the High Court must send a certified copy of the order of variation or discharge to the family court.

(3) If the court officer of the High Court receives from the family court a certified copy of an order varying the maintenance order the court officer must—

(a) file the copy of the order; and

(b) enter the particulars of the variation in the place where the details required by rule 32.15(3) were entered.

Variation or discharge of an order registered in the High Court

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Cancellation of registration – orders registered in the High Court

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Cancellation of registration – orders registered in a magistrates' court

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(1) Where the court gives notice under section 5(2) of the 1958 Act, the court officer must endorse the notice on the certified copy of the order of variation or discharge sent to the family court in accordance with rule 32.19(2).

(2) Where notice is received from the family court that registration of an order made by the High Court ... under Part 1 of the 1958 Act has been cancelled, the court officer must enter particulars of the cancellation in the place where the details required by rule 32.15(3) were entered.

CHAPTER 4 — REGISTRATION AND ENFORCEMENT OF CUSTODY ORDERS UNDER THE 1986 ACT

Interpretation

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In this Chapter—

“appropriate court” means, in relation to—Scotland, the Court of Session;Northern Ireland, the High Court in Northern Ireland; anda specified dependent territory, the corresponding court in that territory;

“appropriate officer” means, in relation to—the Court of Session, the Deputy Principal Clerk of Session;the High Court in Northern Ireland, the Master (Care and Protection) of that court; andthe appropriate court in a specified dependent territory, the corresponding officer of that court;

“Part 1 order” means an order under Part 1 of the 1986 Act;

“the register” means the register kept for the purposes of Part 1 of the 1986 Act; and

“specified dependent territory” means a dependent territory specified in column 1 of Schedule 1 to the Family Law Act 1986 (Specified Dependent Territories) Order 1991 .

Prescribed officer and functions of the court

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(1) The prescribed officer for the purposes of sections 27(4) and 28(1) of the 1986 Act is the family proceedings department manager of the principal registry.

(2) The function of the court under sections 27(3) and 28(1) of the 1986 Act shall be performed by a court officer.

Application for the registration of an order made by the High Court or the family court

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(1) An application under section 27 of the 1986 Act for the registration of an order made in the High Court or the family court may be made by sending to a court officer at the court which made the order—

(a) a certified copy of the order;

(b) a copy of any order which has varied the terms of the original order;

(i) contains the name and address of the applicant and the applicant's interest under the order;

(ii) contains—

(aa) the name and date of birth of the child in respect of whom the order was made;

(bb) the whereabouts or suspected whereabouts of the child; and

(cc) the name of any person with whom the child is alleged to be;

(iii) contains the name and address of any other person who has an interest under the order and states whether the order has been served on that person;

(iv) states in which of the jurisdictions of Scotland, Northern Ireland or a specified dependent territory the order is to be registered;

(v) states that to the best of the applicant's information and belief, the order is in force;

(vi) states whether, and if so where, the order is already registered;

(vii) gives details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the order is to be registered;

(viii) annexes any document relevant to the application; and

(ix) is verified by a statement of truth; and

(d) a copy of the statement referred to in paragraph (c).

(2) On receipt of the documents referred to in paragraph (1), the court officer will, subject to paragraph (4)—

(a) keep the original statement and send the other documents to the appropriate officer;

(b) record in the court records the fact that the documents have been sent to the appropriate officer; and

(3) On receipt of a notice that the document has been registered in the appropriate court the court officer will record that fact in the court records.

(4) The court officer will not send the documents to the appropriate officer if it appears to the court officer that—

(a) the order is no longer in force; or

(b) the child has reached the age of 16.

(5) Where paragraph (4) applies—

(a) the court officer must, within 14 days of the decision, notify the applicant of the decision of the court officer in paragraph (4) and the reasons for it; and

(b) the applicant may apply to the court, in private for an order that the documents be sent to the appropriate court.

Registration of orders made in Scotland, Northern Ireland or a specified dependent territory

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(1) This rule applies where the prescribed officer receives, for registration, a certified copy of an order made in Scotland, Northern Ireland or a specified dependent territory.

(2) The prescribed officer will—

(a) enter in the register—

(i) the name and address of the applicant and the applicant's interest under the order;

(ii) the name and date of birth of the child and the date the child will attain the age of 16;

(iii) the whereabouts or suspected whereabouts of the child; and

(iv) the terms of the order, its date and the court which made it;

(b) file the certified copy and accompanying documents; and

(i) the court which sent the order; and

(ii) the applicant,

that the order has been registered.

Revocation and variation of an order made in the High Court or the family court

32

(1) Where a Part 1 order, registered in an appropriate court, is varied or revoked, the court officer of the court making the order of variation or revocation will—

(a) send a certified copy of the order of variation or revocation to—

(i) the appropriate officer; and

(ii) if a different court, the court which made the Part 1 order;

(b) record in the court records the fact that a copy of the order has been sent; and

(2) On receipt of notice from the appropriate court that its register has been amended, this fact will be recorded by the court officer of—

(a) the court which made the order of variation or revocation; and

(b) if different, the court which made the Part 1 order.

Registration of varied, revoked or recalled orders made in Scotland, Northern Ireland or a specified dependent territory

32

(1) This rule applies where the prescribed officer receives a certified copy of an order made in Scotland, Northern Ireland or a specified dependent territory which varies, revokes or recalls a registered Part 1 order.

(2) The prescribed officer shall enter particulars of the variation, revocation or recall in the register and give notice of the entry to—

(a) the court which sent the certified copy;

(b) if different, the court which made the Part 1 order;

(d) if different, the applicant for the variation, revocation of recall of the order.

(3) An application under section 28(2) of the 1986 Act must be made in accordance with the Part 19 procedure.

(4) The applicant for the Part 1 order, if not the applicant under section 28(2) of the 1986 Act, must be made a defendant to the application.

(5) Where the court cancels a registration under section 28(2) of the 1986 Act, the court officer will amend the register and give notice of the amendment to the court which made the Part 1 order.

Interim directions

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The following persons will be made parties to an application for interim directions under section 29 of the 1986 Act —

(a) the parties to the proceedings for enforcement; and

(b) if not a party to those proceedings, the applicant for the Part 1 order.

Staying and dismissal of enforcement proceedings

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(1) The following persons will be made parties to an application under section 30(1) or 31(1) of the 1986 Act—

(a) the parties to the proceedings for enforcement which are sought to be stayed(GL); and

(b) if not a party to those proceedings, the applicant for the Part 1 order.

(2) Where the court makes an order under section 30(2) or (3) or section 31(3) of the 1986 Act, the court officer will amend the register and give notice of the amendment to—

(a) the court which made the Part 1 order; and

(b) the applicants for—

(i) registration;

(ii) enforcement; and

(iii) stay(GL)or dismissal of the enforcement proceedings.

Particulars of other proceedings

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A party to proceedings for or relating to a Part 1 order who knows of other proceedings which relate to the child concerned (including proceedings out of the jurisdiction and concluded proceedings) must file a witness statement which—

(a) states in which jurisdiction and court the other proceedings were begun;

(b) states the nature and current state of the proceedings and the relief claimed or granted;

(d) if applicable and if known, states the reasons why relief claimed in the proceedings for or relating to the Part 1 order was not claimed in the other proceedings; and

(e) is verified by a statement of truth.

Inspection of register

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The following persons may inspect any entry in the register relating to a Part 1 order and may request copies of the order any document relating to it—

(a) the applicant for registration of the Part 1 order;

(b) a person who, to the satisfaction of a district judge, has an interest under the Part 1 order; and

PART 33 — ENFORCEMENT

CHAPTER 1 — GENERAL RULES

Application

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(1) The rules in this Part apply to an application made in the High Court and the family court to enforce an order made in family proceedings.

(2) Parts 50, 83 and 84 of, and Schedules 1 and 2 to, the CPR apply, as far as they are relevant and with necessary modification ..., to an application made in the High Court and the family court to enforce an order made in family proceedings.

SECTION 1 — Enforcement of orders for the payment of money

Application of the Civil Procedure Rules

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Part 70 of the CPR applies to proceedings under this Section as if—

(a) in rule 70.1, in paragraph (2)(d), “but does not include a judgment or order for the payment of money into court” is omitted; ...

(a1) in rule 70.3(1), for “County Court” there is substituted “family court”; and

(b) rule 70.5 is omitted.

How to apply

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(1) Except where a rule or practice direction otherwise requires, an application for an order to enforce an order for the payment of money must be made in a notice of application accompanied by a statement which must—

(a) state the amount due under the order, showing how that amount is arrived at; and

(b) be verified by a statement of truth.

(2) The notice of application may either—

(a) apply for an order specifying the method of enforcement; or

(b) apply for an order for such method of enforcement as the court may consider appropriate.

(3) If an application is made under paragraph (2)(b), the court must issue an order which includes requirements that—

(a) the debtor must attend court at the time and place specified in the order to answer on oath such questions as the court may require;

(b) the debtor must complete a financial statement in the form served with that order; and

(i) filed with the court; and

(ii) served on the applicant,

by the debtor not less than seven days before the date on which order requires the debtor to attend court.

(4) An order issued under paragraph (3) must include a penal notice, as defined in rule 37.2.

Transfer of orders

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(1) This rule applies to an application for the transfer—

(a) to the High Court of an order made in the family court; and

(b) to the family court of an order made in the High Court.

(2) The application must be—

(a) made without notice; and

(b) accompanied by a statement which complies with rule 33.3(1).

(3) The transfer will have effect upon the filing of the application.

(4) Where an order is transferred from the family court to the High Court—

(a) it will have the same force and effect; and

(b) the same proceedings may be taken on it,

as if it were an order of the High Court.

(5) This rule does not apply to the transfer of orders for periodical payments or for the recovery of arrears of periodical payments.

SECTION 2 — Committal and injunction

General rule - committal hearings to be in public

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Part 37 applies as appropriate for the enforcement by way of committal of an order made in family proceedings.

Proceedings in the principal registry treated as pending in a designated county court

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Specific modifications of the CCR

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Section 118 County Courts Act 1984 and the tipstaff

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CHAPTER 2 — COMMITTAL BY WAY OF JUDGMENT SUMMONS

Interpretation

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In this Chapter, unless the context requires otherwise—

“order” means an order made in family proceedings for the payment of money;

“judgment creditor” means a person entitled to enforce an order under section 5 of the Debtors Act 1869;

“debtor” means a person liable under an order; and

“judgment summons” means a summons under section 5 of the Debtors Act 1869 requiring a debtor to attend court.

Application

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(1) An application for the issue of a judgment summons may be made—

(a) in the case of an order of the High Court, to—

(i) the principal registry;

(ii) a district registry; or

(iii) the family court,

whichever in the opinion of the judgment creditor is most convenient, and if to the family court, to whichever Designated Family Judge area is in the opinion of the judgment creditor most convenient; and

(b) in the case of an order of the family court, to whichever Designated Family Judge area is in the opinion of the judgment creditor most convenient,

having regard (in any case) to the place where the debtor resides or carries on business and irrespective of the location of the court or registry in which the order was made.

(For the way in which information will be provided to enable Designated Family Judge areas and Designated Family Courts to be identified, see Practice Direction 34E.)

(2) An application must be accompanied by a statement which—

(a) complies with rule 33.3(1);

(b) contains all the evidence on which the judgment creditor intends to rely; and

Judgment summons

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(1) If the debtor is in default under an order of committal made on a previous judgment summons in respect of the same order, a judgment summons must not be issued without the court's permission.

(2) A judgment summons must be accompanied by the statement referred to in rule 33.10(2).

(3) A judgment summons must be served on the debtor—

(a) personally; or

(b) by the court sending it to the debtor by first class post—

(i) at the address stated in the application for the issue of a judgment summons; or

(ii) in a case where a court officer is proceeding for the recovery of a debt in accordance with rule 32.33, at the last known address for the debtor shown on court records.

(4) In a case to which paragraph (3)(b)(i) applies, the judgment creditor must file with the court a certificate for postal service.

(5) A judgment summons must be served on the debtor not less than 14 days before the hearing.

(6) Paragraph (3) is subject to any direction of the court that the judgment summons must be served personally on the debtor.

Successive judgment summonses

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Subject to rule 33.11(1), successive judgment summonses may be issued even if the debtor has ceased to reside or carry on business at the address stated in the application for the issue of a judgment summons since the issue of the original judgment summons.

Requirement for personal service

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(1) Paragraph (2) applies in proceedings for committal by way of judgment summons where—

(a) the family court has ordered under section 110(1) of the County Courts Act 1984 that the debtor must attend an adjourned hearing; or

(b) the High Court has summonsed the debtor to attend an adjourned hearing following the debtor’s failure to attend the hearing of the judgment summons.

(2) The following documents must be served personally on the debtor—

(a) the notice of the date and time fixed for the adjourned hearing; and

(b) copies of the judgment summons and the documents mentioned in rule 33.10(2).

Committal on application for judgment summons

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(1) Subject to paragraph (2), on a hearing of an application for a judgment summons the debtor may be committed for making default on payment of a debt if the judgment creditor proves that the debtor—

(a) has, or has had, since the date of the order the means to pay the sum in respect of which the debtor has made default; and

(b) has refused or neglected, or refuses or neglects, to pay that sum.

(2) A debtor may not be committed in accordance with paragraph (1) where the judgment summons was served by post, unless the debtor attends the hearing.

(3) Where the debtor has been ordered or summonsed to attend an adjourned hearing in accordance with rule 33.13, the debtor may be committed—

(a) for failure to attend the adjourned hearing; or

(b) for making default on payment of a debt, if the judgment creditor proves that the debtor—

(i) has, or has had, since the date of the order the means to pay the sum in respect of which the debtor has made default; and

(ii) has refused or neglected, or refuses or neglects, to pay that sum.

(4) The debtor may not be compelled to give evidence.

Orders for the benefit of different persons

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Where an applicant has obtained one or more orders in the same application but for the benefit of different persons—

(a) where the judgment creditor is a child, the applicant may apply for the issue of a judgment summons in respect of those orders on behalf of the judgment creditor without seeking permission to act as the child's litigation friend; and

(b) only one judgment summons need be issued in respect of those orders.

Hearing of judgment summons

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(1) On the hearing of the judgment summons the court may—

(a) where the order is for lump sum provision or costs; or

(b) where the order is an order for maintenance pending suit, an order for maintenance pending outcome of proceedings or an order for other periodical payments and it appears to the court that the order would have been varied or suspended if the debtor had made an application for that purpose,

make a new order for payment of the amount due under the original order, together with the costs of the judgment summons, either at a specified time or by instalments.

(2) If the court makes an order of committal, it may direct its execution to be suspended on terms that the debtor pays to the judgment creditor—

(a) the amount due;

(b) the costs of the judgment summons; and

either at a specified time or by instalments.

(3) All payments under a new order or an order of committal must be made to the judgment creditor unless the court directs otherwise.

(4) Where an order of committal is suspended on such terms as are mentioned in paragraph (2)—

(a) all payments made under the suspended order will be deemed to be made—

(i) first, in or towards the discharge of any sums from time to time accruing due under the original order; and

(ii) secondly, in or towards the discharge of a debt in respect of which the judgment summons was issued and the costs of the summons; and

(b) the suspended order must not be executed until the judgment creditor has filed a statement of default on the part of the debtor.

Special provisions as to judgment summonses in the High Court

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(1) The High Court may summons witnesses to give evidence to prove the means of the debtor and may issue a witness summons for that purpose.

(2) Where the debtor appears at the hearing, the High Court may direct that the travelling expenses paid to the debtor be allowed as expenses of a witness.

(3) Where the debtor appears at the hearing and no order of committal is made, the High Court may allow the debtor's proper costs including compensation for any loss of earnings.

(4) When the High Court makes—

(a) a new order; or

(b) an order of committal,

a court officer must send notice of the order to the debtor and, if the original order was made in another court, to that court.

(5) An order of committal must be directed—

(a) where the order is to be executed by the tipstaff, to the tipstaff; or

(b) where the order is to be executed by a deputy tipstaff, to the Designated Family Judge area within which the debtor is to be found.

Special provisions as to judgment summonses in the High Court

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CHAPTER 3 — ATTACHMENT OF EARNINGS

Proceedings in the Principal Registry

33.19

Part 39 applies to applications for an attachment of earnings order to secure payments under a maintenance order.

CHAPTER 4 — WARRANT OF CONTROL

Applications to vary existing orders

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Where an application is pending for a variation of—

(a) a financial order;

(b) an order under section 27 of the 1973 Act; or

no warrant of control may be issued to enforce payment of any sum due under those orders, except with the permission of the court.

Section 103 County Courts Act 1984

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CHAPTER 5 — COURT'S POWER TO APPOINT A RECEIVER

Application of the CPR

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Part 69 of the CPR applies to proceedings under this Part.

CHAPTER 6 — ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS

Application of the CPR

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(1) Part 71 of the CPR applies to proceedings under this Part with the following modifications.

(2) In rule 71.2(2), for paragraph (b) substitute—

(b) must be— (i) issued in the High Court if the High Court made the judgment or order which it is sought to enforce; or (ii) made to the Designated Family Court for the Designated Family Judge area within which the judgment or order was made, except that if the proceedings have since been transferred to a different court or Designated Family Judge area, it must be issued in that court or made to that area.

CHAPTER 7 — THIRD PARTY DEBT ORDERS

Application of the CPR

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(1) Part 72 of the CPR applies to proceedings under this Part with the following modifications.

(1A) In rule 72.3, for paragraph (1)(b) there is substituted—

(b) must be issued in the court which made the judgment or order which it is sought to enforce, or made to the Designated Family Judge area within which that judgment or order was made, except that if the proceedings have since been transferred to a different court or Designated Family Judge area, it must be issued in that court or made to that area.

(2) In rule 72.4—

(a) in paragraph (1), for “a judge” there is substituted “ the court ”; and

(b) in paragraph (2), for “judge” there is substituted “ court ”.

(3) In rule 72.7—

(a) in paragraph (2)(a), after “the Royal Courts of Justice” there is inserted “or the principal registry”; and

(b) in paragraph (2)(b), for “in County Court proceedings, to any County Court hearing centre” there is substituted “in family court proceedings, to any Designated Family Judge area”.

(4) Rule 72.10 is omitted.

CHAPTER 8 — CHARGING ORDER, STOP ORDER, STOP NOTICE

Application of the CPR

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Part 40 applies for the enforcement of a judgment or order made in family proceedings by way of a charging order, stop order or stop notice.

PART 34 — RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS

Scope and interpretation of this Part

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(1) This Part contains rules about the reciprocal enforcement of maintenance orders.

(2) In this Part—

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

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

(3) Chapter 1 of this Part relates to the enforcement of maintenance orders in accordance with the 1920 Act.

(4) Chapter 2 of this Part relates to the enforcement of maintenance orders in accordance with Parts 1 and 2 of the 1972 Act.

(5) Chapter 3 of this Part relates to the enforcement of maintenance orders in accordance with—

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

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

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

(e) the 2007 Hague Convention.

Meaning of prescribed officer in a magistrates' court

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(1) For the purposes of the 1920 Act, the prescribed officer in relation to the family court is the court officer.

(2) For the purposes of Part 1 of the 1972 Act ..., the prescribed officer in relation to the family court is the court officer.

(3) For the purposes of an application under ... Article 23(2) or (3) of the 2007 Hague Convention for registration of a maintenance order, the prescribed officer in relation to the family court is the court officer.

Registration of maintenance orders in magistrates' courts in England and Wales

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Where the family court is required by any of the enactments referred to in rule 34.1(2) or by virtue of ... the 2007 Hague Convention to register a foreign order the court officer must—

(a) enter ... a memorandum of the order in the register ...; and

(b) state on the memorandum the statutory provision or international instrument under which the order is registered.

CHAPTER 1 — ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT 1920

Interpretation

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(1) In this Chapter—

“payer”, in relation to a maintenance order, means the person liable to make the payments for which the order provides; and

“reciprocating country” means a country or territory to which the 1920 Act extends.

(2) In this Chapter, an expression defined in the 1920 Act has the meaning given to it in that Act.

Confirmation of provisional orders made in a reciprocating country

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(1) This rule applies where, in accordance with section 4(1) of the 1920 Act , the court officer receives a provisional maintenance order.

(2) The court must fix the date, time and place for a hearing.

(3) The court officer must register the order in accordance with rule 34.3.

(4) The court officer must serve on the payer—

(a) certified copies of the provisional order and accompanying documents; and

(b) a notice—

(i) specifying the time and date fixed for the hearing; and

(ii) stating that the payer may attend to show cause why the order should not be confirmed.

(5) The court officer must inform—

(a) the court which made the provisional order; and

(b) the Lord Chancellor,

whether the court confirms, with or without modification, or decides not to confirm, the order.

Payment of sums due under registered orders

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Where an order made by a reciprocating country is registered in the family court under section 1 of the 1920 Act, the court must order payments due to be made to the court ... .

(Practice Direction 34A contains further provisions relating to the payment of sums due under registered orders.)

Enforcement of sums due under registered orders

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(1) This rule applies to—

(a) an order made in a reciprocating county which is registered in the family court; and

(b) a provisional order made in a reciprocating country which has been confirmed by the family court,

where the court has ordered that payments due under the order be made to the court.

(2) The court officer must—

(a) collect the monies due under the order ...; and

(b) send the monies collected to—

(i) the court in the reciprocating country which made the order; or

(ii) such other person or authority as that court or the Lord Chancellor may from time to time direct.

(3) The court officer may take proceedings in that officer's own name for enforcing payment of monies due under the order.

(Rule 32.33 makes provision in relation to a court officer taking such proceedings.)

Prescribed notice for the taking of further evidence

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(1) This rule applies where a court in a reciprocating country has sent a provisional order to the family court for the purpose of taking further evidence.

(2) The court officer must send a notice to the person who applied for the provisional order specifying—

(a) the further evidence required; and

(b) the time and place fixed for taking the evidence.

Transmission of maintenance orders made in a reciprocating country to the High Court

34

A maintenance order to be sent by the Lord Chancellor to the High Court in accordance with section 1(1) of the 1920 Act will be—

(a) sent to the senior district judge who will register it in the register kept for the purpose of the 1920 Act; and

(b) filed in the principal registry.

Transmission of maintenance orders made in the High Court to a reciprocating country

34

(1) This rule applies to maintenance orders made in the High Court.

(2) An application for a maintenance order to be sent to a reciprocating country under section 2 of the 1920 Act must be made in accordance with this rule.

(3) The application must be made to a district judge in the principal registry unless paragraph (4) applies.

(4) If the order was made in the course of proceedings in a district registry, the application may be made to a district judge in that district registry.

(5) The application must be—

(a) accompanied by a certified copy of the order; and

(b) supported by a record of the sworn written evidence.

(6) The written evidence must give—

(a) the applicant's reason for believing that the payer resides in the reciprocating country;

(b) such information as the applicant has as to the whereabouts of the payer; and

Inspection of the register in the High Court

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(1) A person may inspect the register and request copies of a registered order and any document filed with it if the district judge is satisfied that that person is entitled to, or liable to make, payments under a maintenance order made in—

(a) the High Court; or

(b) a court in a reciprocating country.

(2) The right to inspect the register referred to in paragraph (1) may be exercised by—

(a) a solicitor acting on behalf of the person entitled to, or liable to make, the payments referred to in that paragraph; or

(b) with the permission of the district judge, any other person.

CHAPTER 2 — ENFORCEMENT OF MAINTENANCE ORDERS UNDER PART 1 OF THE 1972 ACT

Interpretation

34

(1) In this Chapter—

(a) “reciprocating country” means a country to which Part 1 of the 1972 Act extends; and

(b) ‘relevant court in the reciprocating country’ means, as the case may be—

(i) the court which made the order which has been sent to England and Wales for confirmation;

(ii) the court which made the order which has been registered in a court in England and Wales;

(iii) the court to which an order made in England and Wales has been sent for registration; or

(iv) the court to which a provisional order made in England and Wales has been sent for confirmation.

(2) In this Chapter, an expression defined in the 1972 Act has the meaning given to it in that Act.

(3) In this Chapter, “Hague Convention Countries” means the countries listed in Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993.

Scope

34

(1) Section 1 of this Chapter contains rules relating to the reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act.

(2) Section 2 of this Chapter modifies the rules contained in Section 1 of this Chapter in their application to—

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

(b) the Hague Convention Countries; and

(Practice Direction 34A sets out in full the rules for ... the Hague Convention Countries and the United States of America as modified by Section 2 of this Chapter.)

(3) Section 3 of this Chapter contains a rule in relation to notification of proceedings in a Hague Convention Country or the United States of America.

(4) Section 4 of this Chapter contains rules in relation to proceedings under Part 2 of the 1972 Act (reciprocal enforcement of claims for the recovery of maintenance).

SECTION 1 — Reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act

Application for transmission of maintenance order to reciprocating country

34

An application for a maintenance order to be sent to a reciprocating country under section 2 of the 1972 Act must be made in accordance with Practice Direction 34A.

Certification of evidence given on provisional orders

34

A document setting out or summarising evidence is authenticated by a court in England and Wales by a certificate signed by the judge before whom that evidence was given.

(Section 3(5)(b), 5(4) and 9(5) of the 1972 Act require a document to be authenticated by the court.)

Confirmation of a provisional order made in a reciprocating country

34

(1) This rule applies to proceedings for the confirmation of a provisional order made in a reciprocating country , including proceedings in the family court for the confirmation of a provisional order made in a reciprocating country varying a maintenance order to which section 5(5) or 9(6) of the 1972 Act applies.

(2) Paragraph (3) applies on receipt by the court of—

(a) a certified copy of the order; and

(b) the documents required by the 1972 Act to accompany the order.

(3) On receipt of the documents referred to in paragraph (2)—

(a) the court must fix the date, time and place for a hearing or a directions appointment; and

(b) the court officer must send to the payer notice of the date, time and place fixed together with a copy of the order and accompanying documents.

(4) The date fixed for the hearing must be not less than 21 days beginning with the date on which the court officer sent the documents to the payer in accordance with paragraph (2).

(5) The court officer will send to the relevant court in the reciprocating country a certified copy of any order confirming or refusing to confirm the provisional order.

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

(Section 5(5) and 7 of the 1972 Act provide for proceedings for the confirmation of a provisional order.) ...

Consideration of revocation of a provisional order made by the family court

34

(1) This rule applies where—

(a) the family court has made a provisional order by virtue of section 3 of the 1972 Act;

(b) before the order is confirmed, evidence is taken by the court or received by it as set out in section 5(9) of the 1972 Act; and

(Section 5(9) of the 1972 Act provides that the family court may revoke a provisional order made by it, before the order has been confirmed in a reciprocating country, if it receives new evidence.)

(2) The court officer must serve on the person who applied for the provisional order (“the applicant”) a notice which must—

(a) set out the evidence taken or received by the court;

(b) inform the applicant that the court considers that the order ought not to have been made; and

(i) make representations in relation to that evidence either orally or in writing; and

(ii) adduce further evidence.

(3) If an applicant wishes to adduce further evidence—

(a) the applicant must notify the court officer at the court which made the order;

(b) the court will fix a date for the hearing of the evidence; and

Notification of variation or revocation of a maintenance order by the High Court or the family court

34

(1) This rule applies where—

(a) a maintenance order has been sent to a reciprocating country in pursuance of section 2 of the 1972 Act; and

(b) the court makes an order, not being a provisional order, varying or revoking that order.

(2) The court officer must send a certified copy of the order of variation or revocation to the relevant court in the reciprocating country.

(Rule 34.22 provides for the transmission of documents to a court in a reciprocating country.)

Notification of confirmation or revocation of a maintenance order by a magistrates' court

34

(1) This rule applies where the family court makes an order—

(a) not being a provisional order, revoking or varying a maintenance order to which section 5 of the 1972 Act applies;

(b) under section 9 of the 1972 Act, revoking or varying a registered order; or

(2) The court officer must send written notice of the making, variation, revocation or confirmation of the order, as appropriate, to the relevant court in the reciprocating country.

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

(Section 5 of the 1972 Act applies to a provisional order made by the family court in accordance with section 3 of that Act which has been confirmed by a court in a reciprocating country.) ...

Taking of evidence for court in reciprocating country

34

(1) This rule applies where a request is made by or on behalf of a court in a reciprocating country for the taking of evidence for the purpose of proceedings relating to a maintenance order to which Part 1 of the 1972 Act applies. (Section 14 of the 1972 Act makes provision for the taking of evidence needed for the purpose of certain proceedings.)

(2) The High Court has power to take the evidence where—

(a) the request for evidence relates to a maintenance order made by a superior court in the United Kingdom; and

(b) the witness resides in England and Wales.

(3) The family court has power to take evidence where—

(a) the request for evidence relates to a maintenance order—

(i) made by the family court; or

(ii) registered in the family court; or

(b) the Lord Chancellor sends to the family court a request to take evidence.

(Practice Direction 34E makes further provision on this matter)

(6) The evidence is to be taken in accordance with Part 22.

Request for the taking of evidence by a court in a reciprocating country

34

(1) This rule applies where a request is made by the family court for the taking of evidence in a reciprocating country in accordance with section 14(5) of the 1972 Act.

(2) The request must be made in writing to the court in the reciprocating country.

(Rule 34.22 provides for the transmission of documents to a court in a reciprocating country.)

Transmission of documents

34

(1) This rule applies to any document, including a notice or request, which is required to be sent to a court in a reciprocating country by—

(a) Part 1 of the 1972 Act; or

(b) Section 1 of Chapter 2 of this Part of these rules.

(2) The document must be sent to the Lord Chancellor for transmission to the court in the reciprocating country.

Method of payment under registered orders

34

(1) Where an order is registered in the family court in accordance with section 6(3) of the 1972 Act, the court must order that the payment of sums due under the order be made—

(a) to the ... registering court; and

(b) at such time and place as the court officer directs.

(Section 6(3) of the 1972 Act makes provision for the registration of maintenance orders made in a reciprocating country.)

(2) Where the court orders payments to be made to the court, whether in accordance with paragraph (1) or otherwise, the court officer must send the payments—

(a) by post to either—

(i) the court which made the order; or

(ii) such other person or authority as that court, or the Lord Chancellor, directs; or

(b) if the court which made the order is a country or territory specified in the Practice Direction 34A—

(i) to the Crown Agents for Overseas Governments and Administrations for transmission to the person to whom they are due; or

(ii) as the Lord Chancellor directs.

Enforcement of payments under registered orders

34

(1) This rule applies where a court has ordered periodical payments under a registered maintenance order to be made to the court ... .

(2) The court officer must take reasonable steps to notify the payee of the means of enforcement available.

(3) Paragraph (4) applies where periodical payments due under a registered order are in arrears.

(4) The court officer, on that officer's own initiative—

(a) may; or

(b) if the sums due are more than 4 weeks in arrears, must,

proceed in that officer's own name for the recovery of the sums due unless of the view that it is unreasonable to do so.

Notification of registration and cancellation

34

(1) The court officer must send written notice to the Lord Chancellor of the due registration of orders registered in accordance with section 6(3), 7(5), or 10(4) of the 1972 Act.

(2) The court officer must, when registering an order in accordance with section 6(3), 7(5), 9(10), 10(4) or (5) or 23(3) of the 1972 Act , send written notice to the payer stating—

(a) that the order has been registered;

(b) that payments under the order should be made to the court officer; and

(3) The court officer must, when cancelling the registration of an order in accordance with section 10(1) of the 1972 Act, send written notice of the cancellation to the payer.

SECTION 2 — Modification of rules in Section 1 of this Chapter

Application of Section 1 of this Chapter to the Republic of Ireland

34

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

Application of Section 1 of this Chapter to the Hague Convention Countries

34

(1) In relation to the Hague Convention Countries, Section 1 of this Chapter has effect as modified by this rule.

(2) A reference in this rule, and in any rule which has effect in relation to the Hague Convention Countries by virtue of this rule to—

(a) the 1972 Act is a reference to the 1972 Act as modified by Schedule 2 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 ; and

(b) a section under the 1972 Act is a reference to the section so numbered in the 1972 Act as so modified.

(3) A reference to a reciprocating country in rule 34.12(1) and Section 1 of this Chapter is a reference to a Hague Convention Country.

(4) Rules 34.15 (certification of evidence given on provisional orders), 34.16 (confirmation of provisional orders), 34.19 (notification of confirmation , variation or revocation of a maintenance order by the family court) and 34.21 (request for the taking of evidence by a court in a reciprocating country) do not apply.

(5) For rule 34.17 (consideration of revocation of a provisional order made by the family court ) substitute—

(34) (1) This rule applies where— (a) an application has been made to the family court by a payee for the variation or revocation of an order to which section 5 of the 1972 Act applies; and (b) the payer resides in a Hague Convention Country. (2) The court officer must serve on the payee, by post, a copy of any representations or evidence adduced by or on behalf of the payer. (...)

(6) For rule 34.18 (notification of variation or revocation of a maintenance order by the High Court or the family court) substitute—

(34) (1) This rule applies if the High Court or the family court makes an order varying or revoking a maintenance order to which section 5 of the 1972 Act applies. (2) If the time for appealing has expired without an appeal having been entered, the court officer will send to the Lord Chancellor— (a) the documents required by section 5(8) of the 1972 Act; and (b) a certificate signed by a judge stating that the order of variation or revocation is enforceable and no longer subject to the ordinary forms of review. (3) A party who enters an appeal against the order of variation or revocation must, at the same time, give written notice to the court officer.

(7) For rule 34.23(2) (method of payment under registered orders) substitute—

(2) Where the court orders payment to be made to the court, the court officer must send the payments by post to the payee under the order.

(8) For rule 34.25 (notification of registration and cancellation) substitute—

(34) The court officer must send written notice to— (a) the Lord Chancellor, on the due registration of an order under section 10(4) of the 1972 Act; and (b) the payer under the order, on— (i) the registration of an order under section 10(4) of the 1972 Act; or (ii) the cancellation of the registration of an order under section 10(1) of the 1972 Act.

(9) After rule 34.25 insert—

(34) (1) A notice to a payer of the registration of an order in the family court in accordance with section 6(3) of the 1972 Act must be in the form referred to in a practice direction. (Section 6(8) of the 1972 Act requires notice of registration to be given to the payer.) (2) If the court sets aside the registration of a maintenance order following an appeal under section 6(9) of the 1972 Act, the court officer must send written notice of the decision to the Lord Chancellor. (3) A notice to a payee that the court officer has refused to register an order must be in the form referred to in a practice direction. (Section 6(11) of the 1972 Act requires notice of refusal of registration to be given to the payee.) (4) Where, under any provision of Part 1 of the 1972 Act, a court officer serves a notice on a payer who resides in a Hague Convention Country, the court officer must send to the Lord Chancellor a certificate of service.

Application of Section 1 of this Chapter to the United States of America

34

(1) In relation to the United States of America, Section 1 of this Chapter has effect as modified by this rule.

(2) A reference in this rule and in any rule which has effect in relation to the United States of America by virtue of this rule to—

(a) the 1972 Act is a reference to the 1972 Act as modified by Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 ; and

(b) a section under the 1972 Act is a reference to the section so numbered in the 1972 Act as so modified.

(3) A reference to a reciprocating country in rule 34.12(1) and Section 1 of this Chapter is a reference to the United States of America.

(4) Rules 34.15 (certification of evidence given on provisional orders), 34.16 (confirmation of provisional orders), 34.19 (notification of confirmation , variation or revocation of a maintenance order made by the family court) and 34.21 (request for the taking of evidence in a reciprocating country) do not apply.

(5) For rule 34.17 (consideration of revocation of a provisional order made by the family court) substitute—

(34) (1) This rule applies where— (a) an application has been made to the family court by a payee for the variation or revocation of an order to which section 5 of the 1972 Act applies; and (b) the payer resides in the United States of America. (2) The court officer must serve on the payee by post a copy of any representations or evidence adduced by or on behalf of the payer. (...)

(6) For rule 34.18 (notification of variation or revocation), substitute—

(34) If the High Court or the family court makes an order varying or revoking a maintenance order to which section 5 of the 1972 Act applies, the court officer will send to the Lord Chancellor the documents required by section 5(7) of that Act.

(7) For 34.23(2)(method of payment under registered orders) substitute—

(2) Where the court orders payment to be made to the court, the court officer must send the payments by post to the payee under the order.

(8) For rule 34.25 (notification of registration and cancellation) substitute—

(34) The court officer must send written notice to— (a) the Lord Chancellor, on the due registration of an order under section 10(4) of the 1972 Act; or (b) the payer under the order, on— (i) the registration of an order under section 10(4) of the 1972 Act; or (ii) the cancellation of the registration of an order under section 10(1) of that Act.

CHAPTER 3 — ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE 2007 HAGUE CONVENTION

SECTION 1 — Registration and Enforcement in a Magistrates' Court of Maintenance Orders made in a State bound by the 2007 Hague Convention

Interpretation

34

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

Registration of maintenance orders

34

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This rule and Practice Direction 34E apply where the family court receives—

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

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

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

(e) an application under Article 23 of the 2007 Hague Convention for registration of a maintenance order made in a State bound by that Convention ....

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) Except where Practice Direction 34E provides otherwise, the court must register the order unless—

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

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

(c) in the case of an application under Article 23(2) or (3) of the 2007 Hague Convention, Article 22(a) of that Convention applies.

(7) If the court ... refuses to register an order to which this rule relates the court officer must notify the applicant.

(8) If the court ... registers an order the court officer must send written notice of that fact to—

(a) the Lord Chancellor;

(b) the payer; and

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal from a decision relating to registration

34

(1) This rule applies to an appeal under—

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

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

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

(e) Article 23(5) of the 2007 Hague Convention.

(2) The appeal must be to the family court.

(Practice Direction 34E makes provision in relation to such cases.)

Payment of sums due under a registered order

34

(1) Where an order is registered in accordance with Article 23 of the 2007 Hague Convention the court may order that payment of sums due under the order be made to the court, at such time and place as directed.

(2) Where the court orders payments to be made to the court ..., whether in accordance with paragraph (1) or otherwise, the court officer must send the payments by post either—

(a) to the court which made the order; or

(b) to such other person or authority as that court, or the Lord Chancellor, directs.

(Practice Direction 34A contains further provisions relating to the payment of sums due under registered orders.)

Enforcement of payments under registered orders

34

(1) This rule applies where a court has ordered periodical payments under a registered maintenance order to be made to the the family court.

(2) The court officer must take reasonable steps to notify the payee of the means of enforcement available.

(3) Paragraph (4) applies where periodical payments due under a registered order are in arrears.

(4) The court officer, on that officer's own initiative—

(a) may; or

(b) if the sums due are more than 4 weeks in arrears, must,

proceed in that officer's own name for the recovery of the sums due unless of the view that it is unreasonable to do so.

Variation and revocation of registered orders

34

(1) This rule applies where the court officer for a registering court receives notice that a registered maintenance order has been varied or revoked by a competent court in a State bound by the 2007 Hague Convention.

(2) The court officer for the registering court must—

(a) register the order of variation or revocation; and

(b) send notice of the registration by post to the payer and payee under the order.

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

Transfer of registered order

34

Practice Direction 34E makes provision for cases where a court officer in the Maintenance Enforcement Business Centre for the Designated Family Judge area where an order is registered considers that the payer is residing in a Designated Family Judge area covered by a different Maintenance Enforcement Business Centre.

(For the way in which information will be provided to enable Maintenance Enforcement Business Centres to be identified, see Practice Direction 34E.)

Cancellation of registered orders

34

(1) Where the court officer for the registering court—

(a) has no reason to send papers to another Maintenance Enforcement Business Centre under Practice Direction 34E; and

(b) considers that the payer under the registered order is not residing within the area covered by the Maintenance Enforcement Business Centre for the Designated Family Judge area where the order is registered and has no assets in England and Wales,

the court officer must cancel the registration.

(2) The court officer must—

(a) give notice of cancellation to the payee; and

(b) send to the Lord Chancellor—

(i) the information and documents relating to the registration;

(ii) a certificate of arrears, if applicable, signed by the court officer;

(iii) a statement giving such information as the court officer possesses as to the whereabouts of the payer and the nature and location of the payer’s assets; and

(iv) any other relevant documents which the court officer has relating to the case.

(Practice Direction 34E makes further provision on this matter.)

SECTION 2 — Reciprocal enforcement in a Contracting State ... of Orders of a court in England and Wales

Application in a magistrates' court for a maintenance order, or revocation of a maintenance order, to which the 1982 Act, the Judgments Regulations or the Lugano Convention applies

34

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

Admissibility of Documents

34

(1) This rule applies to a document, referred to in paragraph (2) and authenticated in accordance with paragraph (3), which comprises, records or summarises evidence given in, or information relating to, proceedings in a court in another part of the UK or another Contracting State to the 2007 Hague Convention, and any reference in this rule to “the court”, without more, is a reference to that court.

(2) The documents referred to at paragraph (1) are documents which purport to—

(a) set out or summarise evidence given to the court;

(b) have been received in evidence to the court;

(c) set out or summarise evidence taken in the court for the purpose of proceedings in a court in England and Wales to which ... the 2007 Hague Convention applies; or

(d) record information relating to payments made under an order of the court.

(3) A document to which paragraph (1) applies shall, in any proceedings in the family court relating to a maintenance order to which ...the 2007 Hague Convention applies, be admissible as evidence of any fact stated in it to the same extent as oral evidence of that fact is admissible in those proceedings.

(4) A document to which paragraph (1) applies shall be deemed to be authenticated—

(a) in relation to the documents listed at paragraph 2(a) or (c), if the document purports to be—

(i) certified by the judge or official before whom the evidence was given or taken; or

(ii) the original document recording or summarising the evidence, or a true copy of that document;

(b) in relation to a document listed at paragraph (2)(b), if the document purports to be certified by a judge or official of the court to be, or to be a true copy of, the document received in evidence; and

(c) in relation to the document listed at paragraph (2)(d), if the document purports to be certified by a judge or official of the court as a true record of the payments made under the order.

(5) It shall not be necessary in any proceedings in which evidence is to be received under this rule to prove the signature or official position of the person appearing to have given the certificate referred to in paragraph (4).

(6) Nothing in this rule shall prejudice the admission in evidence of any document which is admissible in evidence apart from this rule.

(7) Any request by the family court for the taking or providing of evidence by a court in a State bound by the 2007 Hague Convention for the purposes of proceedings to which that Convention applies, or by a court in another part of the United Kingdom, shall be communicated in writing to the court in question.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(... )

Enforcement of orders of a magistrates' court

34

(1) A person who wishes to enforce a maintenance order obtained in the family court in a State bound by the 2007 Hague Convention must apply for a certified copy of the order and, where required by Practice Direction 34A, a certificate giving particulars relating to the judgment and proceedings in which it was given.

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

(3) An application under this rule must be made in writing to the court officer and must specify—

(a) the names of the parties to the proceedings;

(b) the date, or approximate date, of the proceedings in which the maintenance order was made and the nature of those proceedings;

(d) the postal address of the applicant.

(4) The court officer must, on receipt of the application, send a copy of the order to the applicant certified in accordance with ... practice direction 34A , together with a copy of any certificate required by that practice direction .

(5) Paragraph (6) applies where—

(a) a maintenance order is registered in the family court; and

(b) a person wishes to obtain a certificate giving details of any payments made or arrears accrued under the order while it has been registered, for the purposes of an application made or to be made in connection with that order in—

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

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

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

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

(v) another part of the United Kingdom ; or

(vi) another State bound by the 2007 Hague Convention ....

(6) The person wishing to obtain the certificate referred to in paragraph (5) may make a written application to the court officer for the registering court.

(7) On receipt of an application under paragraph (6) the court officer must send to the applicant a certificate giving the information requested.

(Rule 74.12 (application for certified copy of a judgment) and 74.13 (evidence in support) of the CPR apply in relation to the application for a certified copy of a judgment obtained in the High Court or a county court.)

PART 35 — MEDIATION DIRECTIVE

Scope and Interpretation

35

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

35

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

Mediation evidence: disclosure and inspection

35

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

Mediation evidence: witnesses and depositions

35

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

PART 36 — TRANSITIONAL ARRANGEMENTS AND PILOT SCHEMES

Transitional provisions

36

Practice Direction 36A shall make provision for the extent to which these rules shall apply to proceedings started before the day on which they come into force.

Pilot schemes

36

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

(a) for specified periods; and

(b) in relation to proceedings in specified courts,

during the operation of pilot schemes for assessing the use of new practices and procedures in connection with proceedings.

GLOSSARY

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

Expression	Meaning

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

Signed

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

I allow these Rules

Signed by authority of the Lord Chancellor

J Djanogly — 2010-12-13

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2003 c.39. Section 75 was amended by section 15(1) and 146 of and paragraphs 308 and 338 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005 (c.4). Section 76 was amended by section 12(2) of and paragraph 29 of Schedule 1 to the Constitutional Reform Act 2005 and section 261(1) of and paragraph 172 of Schedule 27 to the Civil Partnership Act 2004 (c.33) and section 62(7) of the Children Act 2004 (c.31) and section 25 of and paragraph 14 of Schedule 3 to the Children, Schools and Families Act 2010 (c.26).

[^f00002]: 1972 c.18. Section 18 was amended by section 109(1) and paragraphs 155(1),(2)(a) and (3) of Schedule 8 to the Courts Act 2003.

[^f00003]: 1982 c.27.

[^f00004]: 1985 c.60.

[^f00005]: 1989 c.41. Section 97(1) was amended by section 109(1) and paragraphs 337(1) and (2) of Schedule 8 to the Courts Act 2003 and by section 101(3) of the Adoption and Children Act 2002 (c.38).

[^f00006]: 1999 c.22.

[^f00007]: 2002 c.38. Section 102 was amended by section 40 of and paragraphs 15, 16(1), (2), (3) and (4) of Schedule 3 to the Children Act 2004. Section 141(1) and (3) were amended by section 109(1) of and paragraph 413(1) and (2) of Schedule 8 to the Courts Act 2003. Sections 102(1) to (4) and(6) to (8) and 141(1) and (3) of the Adoption and Children Act 2002 were applied with modifications for the purposes of parental orders by regulation 2 of and, Schedule 1 to the Human Fertilisation and Embryology Act (Parental Orders) Regulations 2010 (S.I.2010/985).

[^f00008]: Section 79 was amended by sections 15(1) and 146 of and paragraphs 308 and 341(1) of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005.

[^f00009]: 1980 c.43.

[^f00010]: 1973 c.18.

[^f00011]: 1978 c.22.

[^f00012]: 1984 c.42.

[^f00013]: 1986 c.55.

[^f00014]: 1990 c.37.

[^f00015]: 1991 c.48.

[^f00016]: 1996 c.27.

[^f00017]: 2005 c.9.

[^f00018]: 2008 c.22.

[^f00019]: 1971 c.80.

[^f00020]: Section 7(1)(a) was amended by section 74 of and paragraphs 87 and 88(a) of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c.43) and section 40 of and paragraphs 5 and 6 of Schedule 3 to the Children Act 2004.

[^f00021]: Section 36A was amended by article 2 of and paragraphs 5, 6(1) and (2) of Schedule 1 to the Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016).

[^f00022]: Section 33(1) was amended by section 15 of and paragraphs 171 and 172(1) and (2) of Schedule 4 to the Constitutional Reform Act 2005.

[^f00023]: Section 21(1) was amended by section 15 of and paragraph 2 of Schedule 2 to the Family Law Act 1996 as amended by the section 84(1) of and paragraphs 64 and 65(1) to (8) of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c.30).

[^f00024]: Section 27(6) was amended by section 63(3) of the Domestic Proceedings and Magistrates’ Courts Act 1978.

[^f00025]: Section 35 was amended by section 46(1) of and paragraph 13 of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 and section 261(1) of and paragraph 44 of Schedule 27 to the Civil Partnership Act 2004 and section 66(1) of and paragraph 20 of Schedule 8 to the Family Law Act 1996.

[^f00026]: Section 10(2) has been prospectively repealed with savings by section 66(3) of and Schedule 10 to the Family Law Act 1996.

[^f00027]: Section 27(1) was amended by section 15(1) of and paragraphs 308 and 326(1) and (2) of Schedule 4 to the Constitutional Reform Act 2005.

[^f00028]: 1985 c.61.

[^f00029]: 2007 c.29.

[^f00030]: Section 1 has been prospectively repealed by section 66(3) of and Schedule 10 to the Family Law Act 1996.

[^f00031]: Section 11 was amended by section 2(4) of the Marriage Act 1983 (c.32) and section 6(4) of the Marriage (Prohibited Degrees of Relationship) Act 1986 (c.16) and section 261(1) of and paragraph 40 of Schedule 27 to the Civil Partnership Act 2004 and section 12 was amended by section 148 of and paragraph 34 of Schedule 4 to the Mental Health Act 1983 (c.20) and sections 4(4) and 11 of and paragraphs 1 and 2 of Schedule 2 and paragraphs 4 and 5 of Schedule 4 to the Gender Recognition Act 2004 (c.7).

[^f00032]: Section 17 has been prospectively repealed by section 66(3) of and Schedule 10 to the Family Law Act 1996.

[^f00033]: Section 22 has been prospectively repealed by section 66(3) of and Schedule 10 to the Family Law Act 1996.

[^f00034]: Section 42(2)(a) was amended by section 15(1) of and paragraphs 171, 174(1) and (2) of Schedule 4 to the Constitutional Reform Act 2005.

[^f00035]: Section 7(1)(b) was amended by section 40 of and paragraphs 5 and 6 of Schedule 3 to the Children Act 2004.

[^f00036]: Section 19 was amended by section 6(4) and 17(2) of and Schedule 6 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45) and subsection (4) has been prospectively repealed by section 66(1) of and paragraph 7 of Schedule 8 to the Family Law Act 1996.

[^f00037]: 1990 c.41. Section 9 was amended by section 15(1) of and paragraphs 211 and 213 of Schedule 4 to the Constitutional Reform Act 2005.

[^f00038]: Section 66 was substituted by section 78(2) of and paragraphs 26 and 27 of Schedule 11 to the Access to Justice Act 1999 (c.22) and section 109(1) of and paragraphs 215 of Schedule 8 to the Courts Act 2003. Section 67 was substituted by section 49(1) of the Courts Act 2003 and amended by section 15(1) of and paragraphs 99, 101(1), (2), (3), (4) and (5) of the Constitutional Reform Act 2005.

[^f00039]: 1998 c.42. Section 4 was amended by section 40(4) of and paragraphs 66(1) and (2) of Schedule 9 to the Constitutional Reform Act 2005 and section 378(1) of and paragraph 156 of Schedule 16 to the Armed Forces Act 2006 (c.52) and section 67(1) of and paragraph 43 of Schedule 6 to the Mental Capacity Act 2005.

[^f00040]: Section 10 was amended by section 139(1) of and paragraphs 54 and 56(a) (b) and (c) of Schedule 3 to the Adoption and Children Act 2002 and section 77 of the Civil Partnership Act 2004 and section 36 of the Children and Young Persons Act 2008 (c. 23).

[^f00041]: 1978 c.30.

[^f00042]: Section 1(2) has been prospectively repealed by section 66(3) of and Schedule 10 to the Family Law Act 1996.

[^f00043]: Section 133 of the County Courts Act 1984 (c.28) was amended by the Civil Procedure (Modification of Enactments) Order 1998 (S.I.1998/2940).

[^f00044]: 1981 c.61.

[^f00045]: Section 12(g) was inserted by section 4(4) of and paragraph 2 of Schedule 2 to the Gender Recognition Act 2004.

[^f00046]: Section 12(h) was inserted by section 11 of and paragraphs 4 and 5 of Schedule 4 to the Gender Recognition Act 2004.

[^f00047]: Section 41(1) has been prospectively repealed by section 66(3) of and Schedule 10 to the Family Law Act 1996.

[^f00048]: Section 38 was amended by article 3 of the Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336) and section 108(5) of and paragraph 51 of Schedule 13 to the Children Act 1989 and section 261(1) of and paragraphs 93 and 94 of Schedule 27 to the Civil Partnership Act 2004.

[^f00049]: Paragraph 9 of Schedule 1 was amended by section 19(5) of and paragraphs 7(1), (2), (3), (4) and (5) of Schedule 3 to the Family Law Act 1996 and regulation 4 of the European Communities (Matrimonial Jurisdiction and Judgments) Regulations 2001( S.I. 2001/310).

[^f00050]: Section 8 was amended by section 66(1) and (3) of and paragraph 5 of Schedule 8 to the Family Law Act 1996 and section 9 was prospectively repealed by section 66(3) of and Schedule 10 to the Family Law Act 1996.

[^f00051]: Section 5A(1) was inserted by section 250(1) and (4) of the Civil Partnership Act 2004.

[^f00052]: Section 36 was amended by section 26(1) of the Inheritance (Provision for Family and Dependants) Act 1975 (c.63).

[^f00053]: 1882 c.75.

[^f00054]: Section 17 was amended by the Statute Law (Repeals) Act 1969 (c.52) and section 43 of the Matrimonial and Family Proceedings Act 1984.

[^f00055]: Section 55A was inserted by section 83(1) and (2) of the Child Support, Pensions and Social Security Act 2000 (c. 19).

[^f00056]: Section 56(1) was amended by section 83(5) of and paragraphs 3 and 5(a) of Schedule 8 to the Child Support, Pensions and Social Security Act 2000.

[^f00057]: Section 57 was amended by section 139(1) of and paragraphs 46, and 49(a) and (b) of Schedule 3 to the Adoption and Children Act 2002 (c.38) and section 83(5) of and paragraphs 3 and 6 of Schedule 8 to the Child Support, Pensions and Social Security Act 2000.

[^f00058]: Paragraph 1 of Schedule 7 to the Family Law Act 1996 was amended by section 82 of and paragraphs 16(1) and (2) of Schedule 9 to the Civil Partnership Act 2004 and article 2 of and paragraph 10(b)(i) of the Schedule to the Housing Act 1996 (Consequential Amendments) Order 1997 (S.I. 1997/74).

[^f00059]: Section 32L was inserted by section 24 of the Child Maintenance and Other Payments Act 2008 (c.6).

[^f00060]: Section 3(6) was amended by section 1(2) of the Child Support, Pensions and Social Security Act 2000.

[^f00061]: 1949 c.76.

[^f00062]: S.I. 1981/552.

[^f00063]: Sections 23(2) (a) and (b) and 23(3) have been prospectively substituted with savings by section 15 of and paragraph 4 of Schedule 2 to the Family Law Act 1996.

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