The Family Proceedings Courts (Matrimonial Proceedings etc) (Amendment) Rules 1997

Citation, commencement and interpretation

9.  After rule 3, there shall be inserted the following new rule—

“Applications under Part IV of the Family Law Act 1996

3A.— (1) An application for an occupation order or a non-molestation order under Part IV of the Family Law Act 1996 (Family Homes and Domestic Violence) shall be made in Form FL401.

(2) An application for an occupation order or a non-molestation order which is made in other proceedings which are pending shall be made in Form FL401.

(3) An application in Form FL401 shall be supported—

(a) by a statement which is signed and is declared to be true; or

(b) with the leave of the court, by oral evidence.

(4) An application in Form FL401 may, with the leave of the justices’ clerk or of the court, be made ex parte, in which case

(a) the applicant shall file with the justices’ clerk or the court the application at the time when the application is made or as directed by the justices’ clerk; and

(b) the evidence in support of the application shall state the reasons why the application is made ex parte.

(5) An application made on notice (together with any statement supporting it and a notice in Form FL402) shall be served by the applicant on the respondent personally not less than 2 business days prior to the date on which the application will be heard.

(6) The court or the justices’ clerk may abridge the period specified in paragraph (5).

(7) Where the applicant is acting in person, service of the application may, with the leave of the justices’ clerk, be effected in accordance with rule 4.

(8) Where an application for an occupation order or a non-molestation order is pending, the court shall consider (on the application of either party or of its own motion) whether to exercise its powers to transfer the hearing of that application to another court and the justices’ clerk or the court shall make an order for transfer in Form FL417 if it seems necessary or expedient to do so.

(9) Where an order for transfer is made, the justices’ clerk shall send a copy of the order—

(a) to the parties, and

(b) to the family proceedings court or to the county court to which the proceedings are to be transferred.

(10) A copy of an application for an occupation order under section 33, 35 or 36 of the Family Law Act 1996 shall be served by the applicant by first-class post on the mortgagee or, as the case may be, the landlord of the dwelling-house in question, with a notice in Form FL416 informing him of his right to make representations in writing or at any hearing.

(11) The applicant shall file a statement in Form FL415 after he has served the application.

(12) Rule 33A of the Family Proceedings Courts (Children Act 1989) Rules 1991(1) (disclosure of addresses) shall apply for the purpose of preventing the disclosure of addresses where an application is made in Form FL401 as it applies for that purpose in proceedings under the Children Act 1989(2).”.

(1)

S.I. 1991/1395; rule 33A was inserted by S.I. 1994/3156.

(2)

1989 c. 41.