The Family Procedure Rules 2010

Proceedings by or against a person outside England and Wales for orders under section 20 of the 1978 Act or paragraphs 30 to 34 of Schedule 6 to the 2004 Act other than proceedings for variation of orders

9.22.—(1) Subject to the provisions of this rule, the jurisdiction conferred on a court by virtue of section 20 of the 1978 Act or paragraphs 30 to 34 of Schedule 6 to the 2004 Act is exercisable when proceedings are brought by or against a person residing outside England and Wales.

(2) Subject to paragraph (3), where the court is satisfied that the respondent has been outside England and Wales for the whole of the period beginning one month before the making of the application and ending with the date of the hearing, it may proceed with the application provided that—

(a) the applicant provided the court with an address for service of the application and written notice of the hearing on the respondent; or

(b) the court is satisfied that the respondent has been made aware of the application and of the time and place appointed for the hearing otherwise than by service of the application upon the respondent by the court; and

(c) it is reasonable in all the circumstances to proceed in the absence of the respondent.

(3) The court must not make the order for which the application is made unless it is satisfied that—

(a) during the period of 6 months immediately preceding the making of the application the respondent was continuously outside England and Wales, or was not in England and Wales on more than 30 days; and

(b) having regard to any communication to the court in writing purporting to be from the respondent, it is reasonable in all the circumstances to do so.

(4) This rule does not apply in relation to proceedings to vary an order for periodical payments.

(Rules made under section 144 of the Magistrates’ Courts Act 1980 make provision in respect of proceedings by or against a person outside England and Wales for variation of orders under section 20 of the 1978 Act or paragraphs 30 to 34 of Schedule 6 to the 2004 Act.)