The Family Procedure Rules 2010

CHAPTER 4 E+W SPECIAL PROVISIONS ABOUT PRIVATE LAW PROCEEDINGS

The First Hearing Dispute Resolution Appointment E+W

12.31.—(1) The court may set a date for the First Hearing Dispute Resolution Appointment after the proceedings have been issued.

(2) The court officer will give notice of any of the dates so fixed to the parties. (Provisions relating to the timing of and issues to be considered at the First Hearing Dispute Resolution Appointment are contained in Practice Direction 12B.)

Answer E+W

12.32.  A respondent must file and serve on the parties an answer to the application for an order in private law proceedings within 14 days beginning with the date on which the application is served.

Applications for warning notices or applications to amend enforcement orders by reason of change of residence E+W

12.33.—(1) This rule applies in relation to an application F1 ... for—

(a) a warning notice to be attached to a [F2 child arrangements] order; or

(b) an order under paragraph 5 of Schedule A1 to the 1989 Act to amend an enforcement order by reason of change of residence.

(2) The application must be made without notice.

(3) The court may deal with the application without a hearing.

(4) If the court decides to deal with the application at a hearing, rules 12.5, 12.7 and 12.8 will apply.

Textual Amendments

F1 Words in rule 12.33 omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 49 (with rule 137); S.I. 2014/954, art. 2

F2 Words in rule 12.33 substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 28

Service of a risk assessment E+W

12.34.—(1) Where an officer of the Service or a Welsh family proceedings officer has filed a risk assessment with the court, subject to paragraph (2), the court officer will as soon as practicable serve copies of the risk assessment on each party.

(2) Before serving the risk assessment, the court must consider whether, in order to prevent a risk of harm to the child, it is necessary for—

(a) information to be deleted from a copy of the risk assessment before that copy is served on a party; or

(b) service of a copy of the risk assessment (whether with information deleted from it or not) on a party to be delayed for a specified period,

and may make directions accordingly.

Service of enforcement orders or orders amending or revoking enforcement orders E+W

12.35.—(1) Paragraphs (2) and (3) apply where [F3 the court] makes—

(a) an enforcement order; or

(b) an order under paragraph 9(2) of Schedule A1 to the 1989 Act (enforcement order made following a breach of an enforcement order).

(2) As soon as practicable after an order has been made, a copy of it must be served by the court officer on—

(a) the parties, except the person against whom the order is made;

(b) the officer of the Service or the Welsh family proceedings officer who is to comply with a request under section 11M of the 1989 Act M1 to monitor compliance with the order; and

(c) the responsible officer.

(3) Unless the court directs otherwise, the applicant must serve a copy of the order personally on the person against whom the order is made.

(4) The court officer must send a copy of an order made under paragraph 4, 5, 6 or 7 of Schedule A1 to the 1989 Act (revocation or amendment of an enforcement order) to—

(a) the parties;

(b) the officer of the Service or the Welsh family proceedings officer who is to comply with a request under section 11M of the 1989 Act to monitor compliance with the order;

(c) the responsible officer; and

(d) in the case of an order under paragraph 5 of Schedule A1 to the 1989 Act (amendment of enforcement order by reason of change of residence), the responsible officer in the former local justice area.

(5) In this rule, “responsible officer” has the meaning given in paragraph 8(8) of Schedule A1 to the 1989 Act.

Textual Amendments

F3 Words in rule 12.35(1) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 50 (with rule 137); S.I. 2014/954, art. 2

Marginal Citations

M1 Section 11M was inserted by section 4(1) of the Children and Adoption Act 2006.