(1)On the hearing of a complaint, the court shall, if the defendant appears, state to him the substance of the complaint.
(2)The court, after hearing the evidence and the parties, shall make the order for which the complaint is made or dismiss the complaint.
(3)Where a complaint is for an order for the payment of a sum recoverable summarily as a civil debt, or for the variation of the rate of any periodical payments ordered by a magistrates’ court to be made, or for such other matter as may be prescribed, the court may make the order with the consent of the defendant without hearing evidence.
[F1(4)Subsections (1) to (3) are subject, for the purposes of family proceedings in any magistrates’ court, to other provision made by Family Procedure Rules.]
Textual Amendments
F1S. 53(4) inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 5 (with art. 39)
Modifications etc. (not altering text)
C1S. 53(1)(2) applied (with modifications) (1.4.1997) by S.I. 1997/704, rule 5(2)(3)(4)(b)
C2S. 53(3) extended (14.10.1991) by S.I. 1991/1991, rule. 16(1) (as amended (5.12.2005) by S.I. 2005/2930, Sch. 1 {rule 14})