The Family Procedure Rules 2010

Duties of the court and the applicant upon filing an application E+W

9.18.— [F1 (A1) This Chapter applies where an application is made—

(a) under—

(i) the 1978 Act;

(ii) Schedule 6 to the 2004 Act;

(iii) Schedule 1 to the 1989 Act; F2 ...

[F3 (iv) Article 56 of the Maintenance Regulation; or

(v) Article 10 of the 2007 Hague Convention; or]

(b) for the variation of an order for a financial remedy.]

(1) [F4 Where an application is issued]—

(a) the court will fix a first hearing date not less than 4 weeks and not more than 8 weeks after the date of the filing of the application; and

(b) subject to paragraph (2), within 4 days beginning with the date on which the application was filed, a court officer will—

(i) serve a copy of the application on the respondent;

(ii) give notice of the date of the first hearing to the applicant and the respondent; and

(iii) send a blank financial statement to both the applicant and the respondent.

(2) Where the applicant wishes to serve a copy of the application on the respondent and, on filing the application, so notifies the court—

(a) paragraph (1)(b) does not apply;

(b) a court officer will return to the applicant the copy of the application and the notice of the date of the first hearing; and

(c) the applicant must—

(i) within 4 days beginning with the date on which the copy of the application is received from the court, serve the copy of the application and notice of the date of the first hearing on the respondent;

(ii) send a blank financial statement to the respondent; and

(iii) file a certificate of service at or before the first hearing.

(3) The date fixed under paragraph (1), or for any other subsequent hearing or appointment must not be cancelled except with the court's permission and, if cancelled, the court must immediately fix a new date.

[F5 [F6 (4) The requirement in paragraph (1)(b)(iii) for the court officer to send a blank financial statement to the applicant does not apply where the application has been made under—

(a) Article 56 of the Maintenance Regulation, using the form in Annex VII to that Regulation; or

(b) Article 10 of the 2007 Hague Convention, using the Financial Circumstances Form.]

(5) In relation to an application to which the Maintenance Regulation [F7 or the 2007 Hague Convention] applies, where the applicant does not already know the address of the respondent at the time the application is issued, paragraph (2) does not apply and the court will serve the application in accordance with paragraph (1).]

Textual Amendments

F1 Rule 9.18(A1) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 28(a) (with rule 137); S.I. 2014/954, art. 2

F2 Word in rule 9.18(A1)(a)(iii) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 9(a) (with rule 45)

F3 Rule 9.18(A1)(a)(iv)(v) inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 9(b) (with rule 45)

F4 Words in rule 9.18(1) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 28(b) (with rule 137); S.I. 2014/954, art. 2

F5 Rule 9.18(4)(5) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 10

F6 Rule 9.18(4) substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 10(a)

F7 Words in rule 9.18(5) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 10(b)