The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

Hearing

10.—(1) Before the hearing, the justice or justices who will be dealing with the case must read any documents which have been filed under paragraph 7 in respect of the hearing.

(2) The justices’ clerk at a directions appointment, or the court at a hearing or directions appointment, may give directions as to the order of speeches and evidence.

(3) After the final hearing, the court must make its decision as soon as is practicable.

(4) Before the court makes an order or refuses an application, the justices’ clerk must record in writing—

(a) the names of the justice or justices constituting the court by which the decision is made; and

(b) in consultation with the justice or justices, the reasons for the court’s decision and any findings of fact.

(5) As soon as is practicable after the court announces its decision, the justices’ clerk must make a record in writing of any order.

(6) Sub-paragraph (7) applies where, under section 7(4) of the Domestic Proceedings and Magistrates’ Courts Act 1978, a court decides to treat an application under section 7 as if it were an application for an order under section 2 of that Act(1).

(7) The court must indicate orally which of grounds (a) and (b) in that subsection it considers applicable and a memorandum of that decision and the grounds for it must be entered in the register.

(1)

Section 2 was amended by S.I. 1992/709 and by sections 15(1) and 146 of and paragraph 96 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005.