- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/10/2020)
- Gwreiddiol (a wnaed Fel)
The Family Procedure Rules 2010 is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
PART 2 APPLICATION AND INTERPRETATION OF THE RULES
2.4.Modification of rules in application to serial numbers etc.
2.5.Power to perform functions conferred on the court by these rules and practice directions
2.6.Powers of the single justice to perform functions under the 1989 Act, the 1996 Act, the 2002 Act and the Childcare Act 2006
2.10.Dates for compliance to be calendar dates and to include time of day
PART 3A VULNERABLE PERSONS: PARTICIPATION IN PROCEEDINGS AND GIVING EVIDENCE
3A.3.Court’s duty to consider vulnerability of a party or witness
3A.4.Court’s duty to consider how a party can participate in the proceedings
3A.5.Court’s duty to consider how a party or a witness can give evidence
3A.9.When the duties of the court apply and recording reasons for decisions made under this Part
3A.11.Procedure where the court makes directions of its own initiative
3A.12.Functions of officers of the Service and Welsh family proceedings officers
PART 5 FORMS, START OF PROCEEDINGS AND COMMUNICATION WITH THE COURT
6.11.Service of the application on a solicitor within the jurisdiction or in any EEA state
6.12.Service of the application where the respondent gives an address at which the respondent may be served
6.13.Service of the application where the respondent does not give an address at which the respondent may be served
6.14.Service of the application on children and protected parties
6.16.Deemed service by post or alternative service where no acknowledgment of service filed
6.17.Proof of personal service where no acknowledgment of service filed
6.19.Service of the application by an alternative method or at an alternative place
6.20.Power of the court to dispense with service of the application
6.28.Service of an application form commencing proceedings on children and protected parties
6.29.Service of other documents on or by children and protected parties where a litigation friend has been or will be appointed
6.30.Service on or by children where a children's guardian has been or will be appointed under rule 16.4
6.31.Service on or by children where a children's guardian has been appointed under rule 16.3
6.32.Supplementary provisions relating to service on children and protected parties
6.33.Supplementary provision relating to service on children
6.35.Service by an alternative method or at an alternative place
CHAPTER 4 SERVICE OUT OF THE JURISDICTION
6.42.Period for acknowledging service or responding to application where application is served out of the jurisdiction
6.45.Service through foreign governments, judicial authorities and British Consular authorities
6.46.Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
6.48.Undertaking to be responsible for expenses of the Foreign and Commonwealth Office
PART 7 PROCEDURE FOR APPLICATIONS IN MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS
CHAPTER 2 RULES ABOUT STARTING AND RESPONDING TO PROCEEDINGS
7.7.Limitation on applications in respect of same marriage or civil partnership
7.11.Nullity: Interim and full gender recognition certificates
7.12.What the respondent and co-respondent should do on receiving the application
7.13.Supplemental application and amendment of application and answer
7.15.Further information about the contents of the application and the answer
CHAPTER 3 HOW THE COURT DETERMINES MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS
7.17.Exercise of jurisdiction in cases heard at place other than the court in which the case is proceeding
7.20.What the court will do on an application for a decree nisi, a conditional order, a decree of judicial separation or a separation order
7.24.The circumstances in which proceedings may be transferred between courts
7.25.The procedure for complying with section 41 of 1973 Act or section 63 of 2004 Act
7.26.Medical examinations in proceedings for nullity of a marriage of an opposite sex couple
7.28.The circumstances in which an order may be set aside (rescission)
7.29.Applications under section 10(2) of 1973 Act or section 48(2) of 2004 Act
7.31.Applications to prevent decrees nisi being made absolute or conditional orders being made final
7.32.Making decrees nisi absolute or conditional orders final by giving notice
7.33.Applications to make decrees nisi absolute or conditional orders final
7.34.What the court officer must do when a decree nisi is made absolute
7.35.What the court officer must do when a conditional order is made final
PART 8 PROCEDURE FOR MISCELLANEOUS APPLICATIONS
CHAPTER 2 APPLICATION FOR CORRECTED GENDER RECOGNITION CERTIFICATE
CHAPTER 3 APPLICATION FOR ALTERATION OF MAINTENANCE AGREEMENT AFTER DEATH OF ONE PARTY
CHAPTER 4 APPLICATION FOR QUESTION AS TO PROPERTY TO BE DECIDED IN SUMMARY WAY
CHAPTER 6 APPLICATION FOR PERMISSION TO APPLY FOR A FINANCIAL REMEDY AFTER OVERSEAS PROCEEDINGS
PART 9 APPLICATIONS FOR A FINANCIAL REMEDY
9.26A.Questions as to the court’s jurisdiction or whether the proceedings should be stayed
9.26AA.International Maintenance Obligations: Communication with the Central Authority for England and Wales
9.26D.Court officer to notify subsequent marriage or formation of civil partnership of a person entitled to payments under a maintenance order
9.26E.Enforcement and apportionment where periodical payments are made under more than one order
CHAPTER 9 PENSION PROTECTION FUND COMPENSATION
9.39.What the party with compensation rights must do when the court fixes a first appointment
9.41.Applications for consent orders for pension compensation sharing
9.42.Applications for pension compensation attachment orders
9.43.Applications for consent orders for pension compensation attachment
9.44.Pension compensation sharing orders or pension compensation attachment orders
9.45.Duty of the court upon making a pension compensation sharing order or a pension compensation attachment order
CHAPTER 10 COMMUNICATION OF INFORMATION FROM FINANCIAL REMEDY PROCEEDINGS
PART 10 APPLICATIONS UNDER PART 4 OF THE FAMILY LAW ACT 1996
10.2.Applications for an occupation order or a non-molestation order
10.9.Orders containing provisions to which a power of arrest is attached
10.10.Service of an order on the officer for the time being in charge of a police station
10.12.Enforcement of an order: requirement for a penal notice
10.14.Power to adjourn the hearing for consideration of the penalty
10.15.Hospital orders or guardianship orders under the Mental Health Act 1983
10.16.Transfer directions under section 48 of the Mental Health Act 1983
11.11.Orders containing provisions to which a power of arrest is attached
11.12.Service of an order on the officer for the time being in charge of a police station
11.16.Power to adjourn the hearing for consideration of the penalty
11.17.Hospital orders or guardianship orders under the Mental Health Act 1983
11.18.Transfer directions under section 48 of the Mental Health Act 1983
12.4.Notice of proceedings to person with foreign parental responsibility
12.5.What the court will do when the application has been issued
12.6.Children's guardian, solicitor and reports under section 7 of the 1989 Act
12.9.Request for transfer from magistrates' court to county court or to another magistrates' court
12.10.Procedure following refusal of magistrates' court to order transfer
12.11.Transfer of proceedings from one court to another court
12.13.Setting dates for hearings and setting or confirming the timetable and date for the final hearing
12.18.Disclosure of a report under section 14A(8) or (9) of the 1989 Act
CHAPTER 3 SPECIAL PROVISIONS ABOUT PUBLIC LAW PROCEEDINGS
12.25.The Case Management Hearing and the Issues Resolution Hearing
12.26A.Application for extension of the time limit for disposing of the application
12.26B.Disapplication of rule 4.1(3)(a) court’s power to extend or shorten the time for compliance with a rule
12.26C.Extension of time limit: reasons for court’s decision
12.28.Exclusion requirements: interim care orders and emergency protection orders
12.30.Proceedings for secure accommodation orders: copies of reports
CHAPTER 5 SPECIAL PROVISIONS ABOUT INHERENT JURISDICTION PROCEEDINGS
SECTION 1 Proceedings under the 1980 Hague Convention or the European Convention
12.52.Stay of proceedings upon notification of wrongful removal etc.
12.52A.Application to set aside a return order under the 1980 Hague Convention
12.53.Stay of proceedings where application made under s.16 of the 1985 Act (registration of decisions under the European Convention)
12.56.The central index of decisions registered under the 1985 Act
12.57.Disclosure of information in proceedings under the European Convention
SECTION 2 Applications relating to the Council Regulation and the 1996 Hague Convention
12.59.Procedure under Article 11(6) of the Council Regulation where the court makes a non-return order under Article 13 of the 1980 Hague Convention
12.60.Procedure under Article 11(7) of the Council Regulation where the court receives a non-return order made under Article 13 of the 1980 Hague Convention by a court in another Member State
12.61.Transfer of proceedings under Article 15 of the Council Regulation or under Article 8 of the 1996 Hague Convention
12.62.Application by a party for transfer of the proceedings
12.63.Application by a court of another Member State or another Contracting State for transfer of the proceedings
12.64.Exercise by the court of its own initiative of powers to seek to transfer the proceedings
12.65.Application to High Court to make request under Article 15 of the Council Regulation or Article 9 of the 1996 Hague Convention to request transfer of jurisdiction
12.66.Procedure where the court receives a request from the authorities of another Member State or Contracting State to assume jurisdiction in a matter concerning a child
12.67.Service of the court's order or request relating to transfer of jurisdiction under the Council Regulation or the 1996 Hague Convention
12.68.Questions as to the court's jurisdiction or whether the proceedings should be stayed
12.69.Request for consultation as to contemplated placement of child in England and Wales
12.70.Request made by court in England and Wales for consultation as to contemplated placement of child in another Member State or Contracting State
12.71.Application for a declaration as to the extent, or existence, of parental responsibility in relation to a child under Article 16 of the 1996 Hague Convention
CHAPTER 7 COMMUNICATION OF INFORMATION: CHILDREN PROCEEDINGS
13.4.Notice of proceedings to person with foreign parental responsibility
13.5.What the court or a court officer will do when the application has been issued
13.10.Where the agreement of the other parent or the woman who carried the child is not required
13.12.Reports of the parental order reporter and disclosure to the parties
13.16.Disclosing information to an adult who was subject to a parental order
13.18.Keeping of registers, custody, inspection and disclosure of documents and information
13.19.Documents held by the court not to be inspected or copied without the court's permission
PART 14 PROCEDURE FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
14.4.Notice of proceedings to person with foreign parental responsibility
14.6.What the court or a court officer will do when the application has been issued
14.9.Requesting the court to dispense with the consent of any parent or guardian
14.13.Confidential reports to the court and disclosure to the parties
14.24.Documents held by the court not to be inspected or copied without the court's permission
PART 15 REPRESENTATION OF PROTECTED PARTIES
15.3.Stage of proceedings at which a litigation friend becomes necessary
15.4.Who may be a litigation friend for a protected party without a court order
15.5.How a person becomes a litigation friend without a court order
15.6.How a person becomes a litigation friend by court order
15.7.Court's power to change litigation friend and to prevent person acting as litigation friend
15.8.Appointment of litigation friend by court order – supplementary
15.9.Procedure where appointment of litigation friend comes to an end
PART 16 REPRESENTATION OF CHILDREN AND REPORTS IN PROCEEDINGS INVOLVING CHILDREN
CHAPTER 3 WHEN A CHILDREN'S GUARDIAN OR LITIGATION FRIEND WILL BE APPOINTED
CHAPTER 4 WHERE A CHILDREN'S GUARDIAN OR LITIGATION FRIEND IS NOT REQUIRED
16.8.Stage of proceedings at which a litigation friend becomes necessary
16.9.Who may be a litigation friend for a child without a court order
16.10.How a person becomes a litigation friend without a court order
16.12.Court's power to change litigation friend and to prevent person acting as litigation friend
16.13.Appointment of litigation friend by court order – supplementary
16.15.Procedure where appointment of litigation friend comes to an end
CHAPTER 7 CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.4
16.23.Stage of proceedings at which a children's guardian becomes necessary
16.25.Court's power to change children's guardian and to prevent person acting as children's guardian
16.26.Appointment of children's guardian by court order – supplementary
16.28.Procedure where appointment of children's guardian comes to an end
CHAPTER 14 ENFORCEMENT ORDERS AND FINANCIAL COMPENSATION ORDERS: PERSONS NOTIFIED
PART 20 INTERIM REMEDIES AND SECURITY FOR COSTS
PART 21 MISCELLANEOUS RULES ABOUT DISCLOSURE AND INSPECTION OF DOCUMENTS
CHAPTER 2 TAKING OF EVIDENCE – MEMBER STATES OF THE EUROPEAN UNION
25.4.Control of expert evidence in proceedings other than children proceedings
25.5.Further provisions about the court’s power to restrict expert evidence
25.7.What an application notice requesting the court’s permission must include
25.9.General requirement for expert evidence to be given in a written report
25.11.Court’s power to direct that evidence is to be given by a single joint expert
25.13.Power of court to direct a party to provide information
25.15.Use by one party of expert’s report disclosed by another
31.4.Application for registration, recognition or non-recognition of a judgment
31.7.Recognition and enforcement under the Council Regulation of a judgment given in another Member State relating to rights of access or under Article 11(8) for the return of the child to that State
31.8.Registration for enforcement or order for non-recognition of a judgment
31.10.Effect of refusal of application for a decision that a judgment should not be recognised
31.11.Notification of the court's decision on an application for registration or non-recognition
31.13.The central index of judgments registered under rule 31.11
31.15.Appeal against the court's decision under rules 31.10, 31.11 or 31.14
31.16.Stay of enforcement where appeal pending in state of origin
31.18.Request for a certificate or a certified copy of a judgment
31.19.Certificates issued in England and Wales under Articles 41 and 42 of the Council Regulation
31.20.Rectification of certificate issued under Article 41 or 42 of the Council Regulation
31.21.Authentic instruments and agreements under Article 46 of the Council Regulation
31.22.Application for provisional, including protective measures.
PART 32 REGISTRATION AND ENFORCEMENT OF ORDERS
CHAPTER 2 REGISTRATION ETC. OF ORDERS UNDER THE 1950 ACT
SECTION 2 Registration etc of High Court and family court orders
SECTION 3 Registration etc. of Scottish and Northern Irish orders
32.8.Application to adduce evidence: sections 21(2) and 22(5) of the 1950 Act
32.9.Notice of variation etc. of Scottish and Northern Irish orders
32.9A.Variation of Scottish and Northern Irish orders by the family court
32.10.Cancellation of registration of Scottish and Northern Irish orders
32.10A.Payments under a maintenance order registered in the family court
32.12A.Notices and certificates: section 19(4), 20(1) and 24(5) and (5A) of the 1950 Act
CHAPTER 3 REGISTRATION OF MAINTENANCE ORDERS UNDER THE 1958 ACT
32.15.Application for registration of a maintenance order in the family court – procedure in the High Court
32.15A.Application for registration of a maintenance order in the family court – procedure in the family court
32.16.Registration in the family court of an order registered in the High Court - procedure in the High Court
32.16A.Registration in the family court of an order registered in the High Court – procedure in the family court
32.17.Registration in the High Court of a magistrates' court order
32.18.Registration in the High Court of an order registered in a magistrates' court
32.19.Variation or discharge of an order registered in the family court – procedure in the High Court
32.19A.Variation, remission, discharge or cancellation of registration of an order registered in the family court – procedure in the family court
32.20.Variation or discharge of an order registered in the High Court
32.21.Cancellation of registration – orders registered in the High Court
32.22.Cancellation of registration – orders registered in the family court
32.22D.Notices received from another court or from a person entitled to payments
CHAPTER 4 REGISTRATION AND ENFORCEMENT OF CUSTODY ORDERS UNDER THE 1986 ACT
32.25.Application for the registration of an order made by the High Court or the family court
32.26.Registration of orders made in Scotland, Northern Ireland or a specified dependent territory
32.27.Revocation and variation of an order made in the High Court or the family court
32.28.Registration of varied, revoked or recalled orders made in Scotland, Northern Ireland or a specified dependent territory
CHAPTER 6 ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS
PART 34 RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS
34.5.Confirmation of provisional orders made in a reciprocating country
34.7. Collection and enforcement of sums due under registered orders
34.9.Transmission of maintenance orders made in a reciprocating country to the High Court
34.10.Transmission of maintenance orders made in the High Court to a reciprocating country
CHAPTER 2 ENFORCEMENT OF MAINTENANCE ORDERS UNDER PART 1 OF THE 1972 ACT
SECTION 1 Reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act
34.14.Application for transmission of maintenance order to reciprocating country
34.16.Confirmation of a provisional order made in a reciprocating country
34.17.Consideration of revocation of a provisional order made by the family court
34.18.Notification of variation or revocation of a maintenance order by the High Court or the family court
34.19.Notification of confirmation , variation or revocation of a maintenance order by the family court
34.21.Request for the taking of evidence by a court in a reciprocating country
SECTION 2 Modification of rules in Section 1 of this Chapter
SECTION 3 Proceedings in a Hague Convention Country or in the United States of America
SECTION 4 Reciprocal enforcement of claims for the recovery of maintenance
34.28ZC.Dismissal of an application under section 27A of the 1972 Act or application for variation
34.28ZD.Application for recovery of maintenance in England and Wales: section 27B of the 1972 Act
34.28ZE.Application under section 26(1) or (2) of the 1972 Act and certificate under section 26(3A) of the 1972 Act: registration
34.28ZF.Registration of an order: sections 27C(7) and 32(3) and (6) of the 1972 Act
34.28ZI.Application under section 34 of the 1972 Act: variation or revocation
34.28ZJ.Application under section 35 of the 1972 Act: variation or revocation
34.28ZK.Request under section 38(1) of the 1972 Act to the family court
34.28ZL.Request under section 38(1) of the 1972 Act to the officer of the court
34.29A.Application under Article 30 of the Maintenance Regulation or under Article 23 of the 2007 Hague Convention for a declaration of enforceability
34.35.Registered order: payer residing in an area covered by a different Maintenance Enforcement Business Centre
34.36B.International Maintenance Obligations; Communication with the Central Authority for England and Wales
34.36C.The Maintenance Regulation: applications for enforcement or for refusal or suspension of enforcement
PART 37 APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT
PART 38 RECOGNITION AND ENFORCEMENT OF PROTECTION MEASURES
CHAPTER 2 CERTIFICATES FOR OUTGOING PROTECTION MEASURES
38.3.The court to which an application for an Article 5 certificate must be made
38.4.When a request for a translation of an Article 5 certificate may be made
38.5.The court to which a request for translation of an Article 5 certificate must be made
38.10.When an application for an Article 14 certificate may be made
38.11.The court to which an application for an Article 14 certificate must be made
PART 40 CHARGING ORDER, STOP ORDER, STOP NOTICE
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