The Family Procedure Rules 2010

Permission to apply E+W

11.3.— [F1 (A1) An application for permission to apply for a protection order may be made without notice.]

(1) Where the permission of the court is required to apply for a F2 ... protection order, the person seeking permission must file—

(a) a Part 18 application notice setting out—

(i) the reasons for the application, for the making of which permission is sought (“the proposed application”);

(ii) the applicant's connection with the person to be protected;

(iii) the applicant's knowledge of the circumstances of the person to be protected; and

(iv) [F3 in relation to an application for permission to apply for a forced marriage protection order only,] the applicant's knowledge of the wishes and feelings of the person to be protected;

and

(b) a draft of the proposed application, together with sufficient copies for one to be served on each respondent and (if different) the person to be protected.

(2) As soon as practicable after receiving an application under paragraph (1), the court must—

(a) grant the application; or

(b) direct that a date be fixed for the hearing of the application and fix the date.

(3) The court officer must inform the following persons of the court's action under paragraph (2)—

(a) the applicant;

(b) the respondent;

(c) (if different) the person to be protected; and

(d) any other person directed by the court.

(4) Where permission is granted to apply for a F4 ... protection order, the application must proceed in accordance with rule 11.2.

Textual Amendments

F1 Rule 11.3(A1) inserted (17.7.2015) by The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(2), 7(a)

F2 Words in rule 11.3(1) omitted (17.7.2015) by virtue of The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(2), 7(b)(i)

F3 Words in rule 11.3(1)(a)(iv) inserted (17.7.2015) by The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(2), 7(b)(ii)

F4 Words in rule 11.3(4) omitted (17.7.2015) by virtue of The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(2), 7(c)