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PART 10E+WAPPLICATIONS UNDER PART 4 OF THE FAMILY LAW ACT 1996

Service of an orderE+W

10.6.—(1) The applicant must, as soon as reasonably practicable, serve on the respondent personally—

(a)a copy of the order; and

[F1(b)where the order is made without notice—

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

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

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

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

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

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

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

Textual Amendments

F1Rule 10.6(1)(b) substituted and words (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 14 (with rule 45)