The Family Procedure Rules 2010
PART 1OVERRIDING OBJECTIVE
1.1The overriding objective
1.2Application by the court of the overriding objective
1.3Duty of the parties
1.4Court's duty to manage cases
PART 2APPLICATION AND INTERPRETATION OF THE RULES
2.1Application of these Rules
2.2The glossary
2.3Interpretation
2.4Modification of rules in application to serial numbers etc.
2.5Power to perform functions conferred on the court by these rules and practice directions
2.6Powers of the single justice to perform functions under the 1989 Act, the 1996 Act, the 2002 Act and the Childcare Act 2006
2.7Single justice's power to refer to a magistrates' court
2.8Court's discretion as to where it deals with cases
2.9Computation of time
2.10Dates for compliance to be calendar dates and to include time of day
PART 3ALTERNATIVE DISPUTE RESOLUTION: THE COURT'S POWERS
3.1Scope of this Part
3.2Court's duty to consider alternative dispute resolution
3.3When the court will adjourn proceedings or a hearing in proceedings
PART 4GENERAL CASE MANAGEMENT POWERS
4.1The court's general powers of management
4.2Court officer's power to refer to the court
4.3Court's power to make order of its own initiative
4.4Power to strike out a statement of case
4.5Sanctions have effect unless defaulting party obtains relief
4.6Relief from sanctions
4.7General power of the court to rectify matters where there has been an error of procedure
4.8Power of the court to make civil restraint orders
PART 5FORMS AND START OF PROCEEDINGS
5.1Forms
5.2Documents to be attached to a form
5.3Proceedings are started by issue of application form
PART 6SERVICE
CHAPTER 1SCOPE OF THIS PART AND INTERPRETATION
6.1Part 6 rules about service apply generally
6.2Interpretation
CHAPTER 2SERVICE OF THE APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE JURISDICTION
6.3Interpretation
6.4Methods of service
6.5Who is to serve the application
6.6Every respondent to be served
6.7Personal service
6.8Service of application by the court
6.9Service by the bailiff
6.10Where to serve the application – general provisions
6.11Service of the application on a solicitor within the jurisdiction or in any EEA state
6.12Service of the application where the respondent gives an address at which the respondent may be served
6.13Service of the application where the respondent does not give an address at which the respondent may be served
6.14Service of the application on children and protected parties
6.15Deemed service – receipt of acknowledgment of service
6.16Deemed service by post or alternative service where no acknowledgment of service filed
6.17Proof of personal service where no acknowledgment of service filed
6.18Proof of service by the court etc.
6.19Service of the application by an alternative method or at an alternative place
6.20Power of the court to dispense with service of the application
6.21Notification of failure of service by the court
6.22Notice of non-service by bailiff
CHAPTER 3SERVICE OF DOCUMENTS OTHER THAN AN APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE UNITED KINGDOM
6.23Method of service
6.24Who is to serve
6.25Personal service
6.26Address for service
6.27Change of address for service
6.28Service of an application form commencing proceedings on children and protected parties
6.29Service of other documents on or by children and protected parties where a litigation friend has been or will be appointed
6.30Service on or by children where a children's guardian has been or will be appointed under rule 16.4
6.31Service on or by children where a children's guardian has been appointed under rule 16.3
6.32Supplementary provisions relating to service on children and protected parties
6.33Supplementary provision relating to service on children
6.34Deemed service
6.35Service by an alternative method or at an alternative place
6.36Power to dispense with service
6.37Certificate of service
6.38Notification of outcome of service by the court
6.39Notification of non-service by bailiff
CHAPTER 4SERVICE OUT OF THE JURISDICTION
6.40Scope and interpretation
6.41Permission to serve not required
6.42Period for acknowledging service or responding to application where application is served out of the jurisdiction
6.43Method of service – general provisions
6.44Service in accordance with the Service Regulation
6.45Service through foreign governments, judicial authorities and British Consular authorities
6.46Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
6.47Translation of application form or other document
6.48Undertaking to be responsible for expenses of the Foreign and Commonwealth Office
PART 7PROCEDURE FOR APPLICATIONS IN MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS
CHAPTER 1APPLICATION AND INTERPRETATION
7.1Application and interpretation
7.2District Registries
7.3Principal Registry
7.4References to respondents
CHAPTER 2RULES ABOUT STARTING AND RESPONDING TO PROCEEDINGS
7.5Starting proceedings
7.6Statement of reconciliation
7.7Limitation on applications in respect of same marriage or civil partnership
7.8Service of application
7.9Withdrawal of application before service
7.10Who the parties are
7.11Nullity: Interim and full gender recognition certificates
7.12What the respondent and co-respondent should do on receiving the application
7.13Amendments to the application and the answer
7.14How the respondent can make an application
7.15Further information about the contents of the application and the answer
CHAPTER 3HOW THE COURT DETERMINES MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS
7.16General rule – hearing to be in public
7.17Exercise of jurisdiction in cases heard at place other than the court in which the case is proceeding
7.18Notice of hearing
7.19Applications for a decree nisi or a conditional order
7.20What the court will do on an application for a decree nisi, a conditional order, a decree of judicial separation or a separation order
7.21Further provisions about costs
7.22What the court must do for the case management hearing
7.23Where proceedings under this Part may be heard
7.24The circumstances in which proceedings may be transferred between courts
7.25The procedure for complying with section 41 of 1973 Act or section 63 of 2004 Act
7.26Medical examinations in proceedings for nullity of marriage
7.27Stay of proceedings
CHAPTER 4COURT ORDERS
7.28The circumstances in which an order may be set aside (rescission)
7.29Applications under section 10(2) of 1973 Act or section 48(2) of 2004 Act
7.30Orders under section 10A(2) of the 1973 Act
7.31Applications to prevent decrees nisi being made absolute or conditional orders being made final
7.32Making decrees nisi absolute or conditional orders final by giving notice
7.33Applications to make decrees nisi absolute or conditional orders final
7.34What the court officer must do when a decree nisi is made absolute
7.35What the court officer must do when a conditional order is made final
7.36Records of decrees absolute and final orders
PART 8PROCEDURE FOR MISCELLANEOUS APPLICATIONS
CHAPTER 1PROCEDURE
8.1Procedure
CHAPTER 2APPLICATION FOR CORRECTED GENDER RECOGNITION CERTIFICATE
8.2Scope of this Chapter
8.3Where to start proceedings
8.4Who the parties are
8.5Delivery of copy certificate to Secretary of State
CHAPTER 3APPLICATION FOR ALTERATION OF MAINTENANCE AGREEMENT AFTER DEATH OF ONE PARTY
8.6Scope of this Chapter
8.7Where to start proceedings
8.8Who the parties are
8.9Representative parties
8.10Acknowledgment of service
8.11Hearings may be in private
CHAPTER 4APPLICATION FOR QUESTION AS TO PROPERTY TO BE DECIDED IN SUMMARY WAY
8.12Scope of this Chapter
8.13Procedure
8.14Where to start proceedings
8.15Mortgagees as parties
8.16Injunctions
8.17Application of other rules
CHAPTER 5DECLARATIONS
8.18Scope of this Chapter
8.19Where to start proceedings
8.20Who the parties are
8.21The role of the Attorney General
8.22Declarations of parentage
CHAPTER 6APPLICATION FOR PERMISSION TO APPLY FOR A FINANCIAL REMEDY AFTER OVERSEAS PROCEEDINGS
8.23Scope of this Chapter
8.24Where and how to start proceedings
8.25Application to be made without notice
8.26Notification of hearing date
8.27Hearings to be in private unless the court directs otherwise
8.28Direction that application be dealt with by a district judge of the principal registry
CHAPTER 7APPLICATION FOR THE TRANSFER OF A TENANCY UNDER SECTION 53 OF, AND SCHEDULE 7 TO, THE 1996 ACT
8.29Scope of this Chapter
8.30Where to start proceedings
8.31Service of the application
8.32Who the parties are
8.33Orders for disclosure
8.34Injunctions
CHAPTER 8APPLICATIONS FOR ORDERS PREVENTING AVOIDANCE UNDER SECTION 32L OF THE CHILD SUPPORT ACT 1991
8.35Scope of this Chapter
8.36Interpretation
8.37Where to start proceedings
8.38Who the parties are
8.39Service of the application
8.40Applications without notice
CHAPTER 9APPLICATION FOR CONSENT TO MARRIAGE OF A CHILD OR TO REGISTRATION OF CIVIL PARTNERSHIP OF A CHILD
8.41Scope of this Chapter
8.42Child acting without a children's guardian
8.43Who the respondents are
PART 9APPLICATIONS FOR A FINANCIAL REMEDY
CHAPTER 1APPLICATION AND INTERPRETATION
9.1Application
9.2Application of Magistrates' Courts Rules 1981
9.3Interpretation
CHAPTER 2PROCEDURE FOR APPLICATIONS
9.4When an Application for a financial order may be made
9.5Where to start proceedings
9.6Application for an order preventing a disposition
9.7Application for interim orders
9.8Application for periodical payments order at same rate as an order for maintenance pending suit
9.9Application for periodical payments order at same rate as an order for maintenance pending outcome of proceedings
CHAPTER 3APPLICATIONS FOR FINANCIAL REMEDIES FOR CHILDREN
9.10Application by parent, guardian etc for financial remedy in respect of children
9.11Children to be separately represented on certain applications
CHAPTER 4PROCEDURE IN THE HIGH COURT AND COUNTY COURT AFTER FILING AN APPLICATION
9.12Duties of the court and the applicant upon issuing an application
9.13Service of application on mortgagees, trustees etc
9.14Procedure before the first appointment
9.15Duties of the court at the first appointment
9.16After the first appointment
9.17The FDR appointment
CHAPTER 5PROCEDURE IN THE MAGISTRATES' COURT AFTER FILING AN APPLICATION
9.18Duties of the court and the applicant upon filing an application
9.19Procedure before the first hearing
9.20Power of the court to direct filing of evidence and set dates for further hearings
9.21Who the respondent is on an application under section 20 or section 20A of the 1978 Act or Part 6 of Schedule 6 to the 2004 Act
9.22Application in a magistrates’ court for a maintenance order, or revocation of a maintenance order to which the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies
9.23Duty to make entries in the court's register
CHAPTER 6GENERAL PROCEDURE
9.24Power to order delivery up of possession etc.
9.25Where proceedings may be heard
9.26Applications for consent orders for financial remedy
9.26AQuestions as to the court’s jurisdiction or whether the proceedings should be stayed
9.26AAInternational Maintenance Obligations: Communication with the Central Authority for England and Wales
9.26B Adding or removing parties
CHAPTER 7ESTIMATES OF COSTS
9.27Estimates of Costs
9.28Duty to make open proposals
CHAPTER 8PENSIONS
9.29Application and interpretation of this Chapter
9.30What the party with pension rights must do when the court fixes a first appointment
9.31Applications for pension sharing orders
9.32Applications for consent orders for pension sharing
9.33Applications for pension attachment orders
9.34Applications for consent orders for pension attachment
9.35Pension sharing orders or pension attachment orders
9.36Duty of the court upon making a pension sharing order or a pension attachment order
9.37Procedure where Pension Protection Fund becomes involved with the pension scheme
CHAPTER 9PENSION PROTECTION FUND COMPENSATION
9.38Application and interpretation of this Chapter
9.39What the party with compensation rights must do when the court fixes a first appointment
9.40Applications for pension compensation sharing orders
9.41Applications for consent orders for pension compensation sharing
9.42Applications for pension compensation attachment orders
9.43Applications for consent orders for pension compensation attachment
9.44Pension compensation sharing orders or pension compensation attachment orders
9.45Duty of the court upon making a pension compensation sharing order or a pension compensation attachment order
PART 10APPLICATIONS UNDER PART 4 OF THE FAMILY LAW ACT 1996
10.1Scope and interpretation of this Part
10.2Applications for an occupation order or a non-molestation order
10.3Service of the application
10.4Transfer of pending proceedings to another court
10.5Privacy
10.6Service of an order
10.7Representations made by a mortgagee or landlord
10.8Applications to vary, extend or discharge an order
10.9Orders containing provisions to which a power of arrest is attached
10.10Service of an order on the officer for the time being in charge of a police station
10.11Proceedings following arrest in a county court or the High Court
10.12Enforcement of an order in a county court
10.13Enforcement of an undertaking in a county court
10.14Power to adjourn the hearing for consideration of the penalty
10.15Hospital orders or guardianship orders under the Mental Health Act 1983
10.16Transfer directions under section 48 of the Mental Health Act 1983
10.17Recognizances
PART 11APPLICATIONS UNDER PART 4A OF THE FAMILY LAW ACT 1996
11.1Scope and interpretation
11.2Applications
11.3Permission to apply
11.4Service of applications on notice
11.5Transfer of proceedings
11.6Parties
11.7Hearings and service of orders
11.8Orders made by the court of its own initiative
11.9Representations in respect of orders
11.10Applications to vary, extend or discharge an order
11.11Orders containing provisions to which a power of arrest is attached
11.12Service where order contains a power of arrest
11.13Application for issue of warrant for arrest
11.14Proceedings following arrest
11.15Enforcement of orders
11.16Power to adjourn the hearing for consideration of the penalty
11.17Hospital orders or guardianship orders under the Mental Health Act 1983
11.18Transfer directions under section 48 of the Mental Health Act 1983
11.19Recognizances
PART 12 CHILDREN PROCEEDINGS EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
CHAPTER 1INTERPRETATION AND APPLICATION OF THIS PART
12.1Application of this Part
12.2Interpretation
CHAPTER 2GENERAL RULES
12.3Who the parties are
12.4Notice of proceedings to person with foreign parental responsibility
12.5What the court will do when the application has been issued
12.6Children's guardian, solicitor and reports under section 7 of the 1989 Act
12.7What a court officer will do
12.8Service of the application
12.9Request for transfer from magistrates' court to county court or to another magistrates' court
12.10Procedure following refusal of magistrates' court to order transfer
12.11Transfer of proceedings from one court to another court
12.12Directions
12.13Setting dates for hearings and setting or confirming the timetable and date for the final hearing
12.14Attendance at hearings
12.15Steps taken by the parties
12.16Applications without notice
12.17Investigation under section 37 of the 1989 Act
12.18Disclosure of a report under section 14A(8) or (9) of the 1989 Act
12.19Additional evidence
12.20Expert evidence-examination of child
12.21Hearings
CHAPTER 3SPECIAL PROVISIONS ABOUT PUBLIC LAW PROCEEDINGS
12.22Application of rules 12.23 to 12.26
12.23Timetable for the Child
12.24Directions
12.25First Appointment, Case Management Conference and Issues Resolution Hearing
12.26Discussion between advocates
12.27Matters prescribed for the purposes of the Act
12.28Exclusion requirements: interim care orders and emergency protection orders
12.29Notification of consent
12.30Proceedings for secure accommodation orders: copies of reports
CHAPTER 4SPECIAL PROVISIONS ABOUT PRIVATE LAW PROCEEDINGS
12.31The First Hearing Dispute Resolution Appointment
12.32Answer
12.33Applications for warning notices or applications to amend enforcement orders by reason of change of residence
12.34Service of a risk assessment
12.35Service of enforcement orders or orders amending or revoking enforcement orders
CHAPTER 5SPECIAL PROVISIONS ABOUT INHERENT JURISDICTION PROCEEDINGS
12.36Where to start proceedings
12.37Child as respondent to wardship proceedings
12.38Registration requirements
12.39Notice of child's whereabouts
12.40Enforcement of orders in wardship proceedings
12.41Child ceasing to be ward of court
12.42Adoption of a child who is a ward of court
CHAPTER 6PROCEEDINGS UNDER THE 1980 HAGUE CONVENTION, THE EUROPEAN CONVENTION, THE COUNCIL REGULATION, AND THE 1996 HAGUE CONVENTION
12.43Scope
SECTION 1Proceedings under the 1980 Hague Convention or the European Convention
12.44Interpretation
12.45Where to start proceedings
12.46Evidence in support of application
12.47Without-notice applications
12.48Directions
12.49Answer
12.50Filing and serving written evidence
12.51Adjournment
12.52Stay of proceedings upon notification of wrongful removal etc.
12.53Stay of proceedings where application made under s.16 of the 1985 Act (registration of decisions under the European Convention)
12.54Transfer of proceedings
12.55Revocation and variation of registered decisions
12.56The central index of decisions registered under the 1985 Act
12.57Disclosure of information in proceedings under the European Convention
SECTION 2Applications relating to the Council Regulation and the 1996 Hague Convention
12.58Interpretation
12.59Procedure under Article 11(6) of the Council Regulation where the court makes a non-return order under Article 13 of the 1980 Hague Convention
12.60Procedure under Article 11(7) of the Council Regulation where the court receives a non-return order made under Article 13 of the 1980 Hague Convention by a court in another Member State
12.61Transfer of proceedings under Article 15 of the Council Regulation or under Article 8 of the 1996 Hague Convention
12.62Application by a party for transfer of the proceedings
12.63Application by a court of another Member State or another Contracting State for transfer of the proceedings
12.64Exercise by the court of its own initiative of powers to seek to transfer the proceedings
12.65Application to High Court to make request under Article 15 of the Council Regulation or Article 9 of the 1996 Hague Convention to request transfer of jurisdiction
12.66Procedure where the court receives a request from the authorities of another Member State or Contracting State to assume jurisdiction in a matter concerning a child
12.67Service of the court's order or request relating to transfer of jurisdiction under the Council Regulation or the 1996 Hague Convention
12.68Questions as to the court's jurisdiction or whether the proceedings should be stayed
12.69Request for consultation as to contemplated placement of child in England and Wales
12.70Request made by court in England and Wales for consultation as to contemplated placement of child in another Member State or Contracting State
12.71Application for a declaration as to the extent, or existence, of parental responsibility in relation to a child under Article 16 of the 1996 Hague Convention
CHAPTER 7COMMUNICATION OF INFORMATION: CHILDREN PROCEEDINGS
12.72Interpretation
12.73Communication of information: general
12.74Instruction of experts
12.75Communication of information for purposes connected with the proceedings
PART 13PROCEEDINGS UNDER SECTION 54 OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 2008
13.1Interpretation and application
13.2Application of Part 12
13.3Who the parties are
13.4Notice of proceedings to person with foreign parental responsibility
13.5What the court or a court officer will do when the application has been issued
13.6Service of the application and other documents
13.7Acknowledgement
13.8Date for first directions hearing
13.9The first directions hearing
13.10Where the agreement of the other parent or the woman who carried the child is not required
13.11Agreement
13.12Reports of the parental order reporter and disclosure to the parties
13.13Notice of final hearing
13.14The final hearing
13.15Proof of identity of the child
13.16Disclosing information to an adult who was subject to a parental order
13.17Application for recovery orders
13.18Keeping of registers, custody, inspection and disclosure of documents and information
13.19Documents held by the court not to be inspected or copied without the court's permission
13.20Orders
13.21Copies of orders
13.22Amendment and revocation of orders
PART 14PROCEDURE FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
14.1Application of this Part and interpretation
14.2Application for a serial number
14.3Who the parties are
14.4Notice of proceedings to person with foreign parental responsibility
14.5Who is to serve
14.6What the court or a court officer will do when the application has been issued
14.7Date for first directions hearing
14.8The first directions hearing
14.9Requesting the court to dispense with the consent of any parent or guardian
14.10Consent
14.11Reports by the adoption agency or local authority
14.12Health reports
14.13Confidential reports to the court and disclosure to the parties
14.14Communication of information relating to proceedings
14.15Notice of final hearing
14.16The final hearing
14.17Proof of identity of the child
14.18Disclosing information to an adopted adult
14.19Translation of documents
14.20Application for recovery orders
14.21Inherent jurisdiction and fathers without parental responsibility
14.22Timing of applications for section 89 order
14.23Custody of documents
14.24Documents held by the court not to be inspected or copied without the court's permission
14.25Orders
14.26Copies of orders
14.27Amendment and revocation of orders
14.28Keeping registers in the family proceedings court
PART 15REPRESENTATION OF PROTECTED PARTIES
15.1Application of this Part
15.2Requirement for litigation friend in proceedings
15.3Stage of proceedings at which a litigation friend becomes necessary
15.4Who may be a litigation friend for a protected party without a court order
15.5How a person becomes a litigation friend without a court order
15.6How a person becomes a litigation friend by court order
15.7Court's power to change litigation friend and to prevent person acting as litigation friend
15.8Appointment of litigation friend by court order – supplementary
15.9Procedure where appointment of litigation friend comes to an end
PART 16REPRESENTATION OF CHILDREN AND REPORTS IN PROCEEDINGS INVOLVING CHILDREN
CHAPTER 1APPLICATION OF THIS PART
16.1Application of this Part
CHAPTER 2CHILD AS PARTY IN FAMILY PROCEEDINGS
16.2When the court may make a child a party to proceedings
CHAPTER 3WHEN A CHILDREN'S GUARDIAN OR LITIGATION FRIEND WILL BE APPOINTED
16.3Appointment of a children's guardian in specified proceedings or proceedings to which Part 14 applies
16.4Appointment of a children's guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies
16.5Requirement for a litigation friend
CHAPTER 4WHERE A CHILDREN'S GUARDIAN OR LITIGATION FRIEND IS NOT REQUIRED
16.6Circumstances in which a child does not need a children's guardian or litigation friend
CHAPTER 5LITIGATION FRIEND
16.7Application of this Chapter
16.8Stage of proceedings at which a litigation friend becomes necessary
16.9Who may be a litigation friend for a child without a court order
16.10How a person becomes a litigation friend without a court order
16.11Appointment of litigation friend by the court
16.12Court's power to change litigation friend and to prevent person acting as litigation friend
16.13Appointment of litigation friend by court order – supplementary
16.14Powers and duties of litigation friend
16.15Procedure where appointment of litigation friend comes to an end
CHAPTER 6CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.3
16.16Application of this Chapter
16.17Who may be a children's guardian
16.18What the court or a court officer will do once the court has made a decision about appointing a children's guardian
16.19Termination of the appointment of the children's guardian
16.20Powers and duties of the children's guardian
16.21Where the child instructs a solicitor or conducts proceedings on the child's own behalf
CHAPTER 7CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.4
16.22Application of this Chapter
16.23Stage of proceedings at which a children's guardian becomes necessary
16.24Appointment of a children's guardian
16.25Court's power to change children's guardian and to prevent person acting as children's guardian
16.26Appointment of children's guardian by court order – supplementary
16.27Powers and duties of children's guardian
16.28Procedure where appointment of children's guardian comes to an end
CHAPTER 8DUTIES OF SOLICITOR ACTING FOR THE CHILD
16.29Solicitor for child
CHAPTER 9REPORTING OFFICER
16.30When the court appoints a reporting officer
16.31Appointment of the same reporting officer in respect of two or more parents or guardians
16.32The duties of the reporting officer
CHAPTER 10CHILDREN AND FAMILY REPORTER AND WELFARE OFFICER
16.33Request by court for a welfare report in respect of the child
CHAPTER 11PARENTAL ORDER REPORTER
16.34When the court appoints a parental order reporter
16.35Powers and duties of the parental order reporter
CHAPTER 12SUPPLEMENTARY APPOINTMENT PROVISIONS
16.36Persons who may not be appointed as children's guardian, reporting officer or children and family reporter
16.37Appointment of the same person as children's guardian, reporting officer and children and family reporter
CHAPTER 13OFFICERS OF THE SERVICE, WELSH FAMILY PROCEEDINGS OFFICERS AND LOCAL AUTHORITY OFFICERS: FURTHER DUTIES
16.38Officers of the Service, Welsh family proceedings officers and local authority officers acting under certain duties
CHAPTER 14ENFORCEMENT ORDERS AND FINANCIAL COMPENSATION ORDERS: PERSONS NOTIFIED
16.39Application for enforcement orders and financial compensation orders: duties of the person notified
PART 17STATEMENTS OF TRUTH
17.1Interpretation
17.2Documents to be verified by a statement of truth
17.3Failure to verify a statement of case
17.4Failure to verify a witness statement
17.5Power of the court to require a document to be verified
17.6False statements
PART 18PROCEDURE FOR OTHER APPLICATIONS IN PROCEEDINGS
18.1Types of application for which Part 18 procedure may be followed
18.2Applications for permission to start proceedings
18.3Respondents to applications under this Part
18.4Application notice to be filed
18.5Notice of an application
18.6Time when an application is made
18.7What an application notice must include
18.8Service of a copy of an application notice
18.9Applications which may be dealt with without a hearing
18.10Service of application notice following court order where application made without notice
18.11Application to set aside or vary order made without notice
18.12Power of the court to proceed in the absence of a party
18.13Dismissal of totally without merit applications
PART 19ALTERNATIVE PROCEDURE FOR APPLICATIONS
19.1Types of application for which Part 19 procedure may be followed
19.2Applications for which the Part 19 procedure must be followed
19.3Contents of the application
19.4Issue of application without naming respondents
19.5Acknowledgment of service
19.6Consequence of not filing an acknowledgment of service
19.7Filing and serving written evidence
19.8Evidence – general
19.9Procedure where respondent objects to use of the Part 19 procedure
PART 20INTERIM REMEDIES AND SECURITY FOR COSTS
CHAPTER 1INTERIM REMEDIES
20.1Scope of this Part
20.2Orders for interim remedies
20.3Time when an order for an interim remedy may be made
20.4How to apply for an interim remedy
20.5Interim injunction to cease if application is stayed
CHAPTER 2SECURITY FOR COSTS
20.6Security for costs
20.7Conditions to be satisfied
20.8Security for costs of an appeal
PART 21MISCELLANEOUS RULES ABOUT DISCLOSURE AND INSPECTION OF DOCUMENTS
21.1Interpretation
21.2Orders for disclosure against a person not a party
21.3Claim to withhold inspection or disclosure of a document
PART 22EVIDENCE
CHAPTER 1GENERAL RULES
22.1Power of court to control evidence
22.2Evidence of witnesses – general rule
22.3Evidence by video link or other means
22.4Witness statements
22.5Service of witness statements for use at the final hearing
22.6Use at the final hearing of witness statements which have been served
22.7Evidence at hearings other than the final hearing
22.8Order for cross-examination
22.9Witness summaries
22.10Consequence of failure to serve witness statement
22.11Cross-examination on a witness statement
22.12Affidavit evidence
22.13Form of affidavit
22.14Affidavit made outside the jurisdiction
22.15Notice to admit facts
22.16Notice to admit or produce documents
22.17Notarial acts and instruments
CHAPTER 2RULES APPLYING ONLY TO PARTICULAR PROCEEDINGS
22.18Scope of this Chapter
22.19Availability of witness statements for inspection during the final hearing
22.20Use of witness statements for other purposes
PART 23MISCELLANEOUS RULES ABOUT EVIDENCE
23.1Scope and interpretation of this Part
23.2Notice of intention to rely on hearsay evidence
23.3Circumstances in which notice of intention to rely on hearsay evidence is not required
23.4Power to call witness for cross-examination on hearsay evidence
23.5Credibility
23.6Use of plans, photographs and models etc as evidence
23.7Evidence of finding on question of foreign law
23.8Evidence of consent of trustee to act
23.9Note of oral evidence in magistrates' courts
PART 24WITNESSES, DEPOSITIONS GENERALLY AND TAKING OF EVIDENCE IN MEMBER STATES OF THE EUROPEAN UNION
CHAPTER 1WITNESSES AND DEPOSITIONS
24.1Scope of this Chapter
24.2Witness summonses
24.3Issue of a witness summons
24.4Time for serving a witness summons
24.5Who is to serve a witness summons
24.6Right of witness to travelling expenses and compensation for loss of time
24.7Evidence by deposition
24.8Conduct of examination
24.9Enforcing attendance of witness
24.10Use of deposition at a hearing
24.11Restrictions on subsequent use of deposition taken for the purpose of any hearing except the final hearing
24.12Where a person to be examined is out of the jurisdiction – letter of request
24.13Fees and expenses of examiner of the court
24.14Examiners of the court
CHAPTER 2TAKING OF EVIDENCE – MEMBER STATES OF THE EUROPEAN UNION
24.15Interpretation
24.16Where a person to be examined is in another Regulation State
PART 25EXPERTS AND ASSESSORS
25.1Duty to restrict expert evidence
25.2Interpretation
25.3Experts-overriding duty to the court
25.4Court’s power to restrict expert evidence
25.5Further provisions about the court’s power to restrict expert evidence
25.6When to apply for the court’s permission
25.7What an application notice requesting the court’s permission must include
25.8Where permission is granted
25.9General requirement for expert evidence to be given in a written report
25.10Written questions to experts
25.11Court’s power to direct that evidence is to be given by a single joint expert
25.12Instructions to a single joint expert
25.13Power of court to direct a party to provide information
25.14Contents of report
25.15Use by one party of expert’s report disclosed by another
25.16Discussions between experts
25.17Expert’s right to ask court for directions
25.18Copies of orders and other documents
25.19Action after final hearing
25.20Assessors
PART 26CHANGE OF SOLICITOR
26.1Solicitor acting for a party
26.2Change of solicitor – duty to give notice
26.3Order that a solicitor has ceased to act
26.4Removal of solicitor who has ceased to act on application of another party
PART 27HEARINGS AND DIRECTIONS APPOINTMENTS
27.1Application of this Part
27.2Reasons for a decision of the magistrates' courts
27.3Attendance at hearing or directions appointment
27.4Proceedings in the absence of a party
27.5Application to set aside judgment or order following failure to attend
27.6Court bundles and place of filing of documents and bundles
27.7Representation of companies or other corporations
27.8Impounded documents
27.9Official shorthand note etc of proceedings
27.10Hearings in private
27.11Attendance at private hearings
PART 28COSTS
28.1Costs
28.2Application of other rules
28.3Costs in financial remedy proceedings
28.4Wasted costs orders in the magistrates' court: appeals
PART 29MISCELLANEOUS
29.1Personal details
29.2Disclosure of information under the 1991 Act
29.3Method of giving notice
29.4Withdrawal of applications in proceedings
29.5The Human Rights Act 1998
29.6Documents in proceedings concerning gender recognition
29.7Stamping or sealing court documents
29.8Applications for relief which is precluded by the 1991 Act
29.9Modification of rule 29.8 where the application is not freestanding
29.10Standard requirements
29.11Drawing up and filing of judgments and orders
29.12Access to and inspection of documents retained in court
29.13Service of judgments and orders
29.14Power to require judgment or order to be served on a party as well as the party's solicitor
29.15When judgment or order takes effect
29.16Correction of errors in judgments and orders
PART 30APPEALS
30.1Scope and interpretation
30.2Parties to comply with the practice direction
30.3Permission
30.4Appellant's notice
30.5Respondent's notice
30.6Grounds of appeal
30.7Variation of time
30.8Stay
30.9Amendment of appeal notice
30.10Striking outappeal notices and setting aside or imposing conditions on permission to appeal
30.11Appeal court's powers
30.12Hearing of appeals
30.13Assignment of appeals to the Court of Appeal
30.14Reopening of final appeals
PART 31REGISTRATION OF ORDERS UNDER THE COUNCIL REGULATION, THE CIVIL PARTNERSHIP (JURISDICTION AND RECOGNITION OF JUDGMENTS) REGULATIONS 2005 AND UNDER THE HAGUE CONVENTION 1996
31.1Scope
31.2Interpretation
31.3Where to start proceedings
31.4Application for registration, recognition or non-recognition of a judgment
31.5Documents – supplementary
31.6Directions
31.7Recognition and enforcement under the Council Regulation of a judgment given in another Member State relating to rights of access or under Article 11(8) for the return of the child to that State
31.8Registration for enforcement or order for non-recognition of a judgment
31.9Stay of recognition proceedings by reason of an appeal
31.10Effect of refusal of application for a decision that a judgment should not be recognised
31.11Notification of the court's decision on an application for registration or non-recognition
31.12Effect of registration under rule 31.11
31.13The central index of judgments registered under rule 31.11
31.14Decision on recognition of a judgment only
31.15Appeal against the court's decision under rules 31.10, 31.11 or 31.14
31.16Stay of enforcement where appeal pending in state of origin
31.17Enforcement of judgments registered under rule 31.11
31.18Request for a certificate or a certified copy of a judgment
31.19Certificates issued in England and Wales under Articles 41 and 42 of the Council Regulation
31.20Rectification of certificate issued under Article 41 or 42 of the Council Regulation
31.21Authentic instruments and agreements under Article 46 of the Council Regulation
31.22Application for provisional, including protective measures.
PART 32REGISTRATION AND ENFORCEMENT OF ORDERS
CHAPTER 1SCOPE AND INTERPRETATION OF THIS PART
32.1Scope and interpretation
CHAPTER 2REGISTRATION ETC. OF ORDERS UNDER THE 1950 ACT
SECTION 1Interpretation of this Chapter
32.2Interpretation
SECTION 2Registration etc of High Court and county court orders
32.3Registration of a High Court order
32.4Notice of Variation etc. of a High Court order
32.5Cancellation of registration of a High Court order
32.6Application of this Chapter to a county court order
SECTION 3Registration etc. of Scottish and Northern Irish orders
32.7Registration of Scottish and Northern Irish orders
32.8Application to adduce evidence before High Court
32.9Notice of variation etc. of Scottish and Northern Irish orders
32.10Cancellation of registration of Scottish and Northern Irish orders
32.11Enforcement
32.12Inspection of register and copies of order
CHAPTER 3REGISTRATION OF MAINTENANCE ORDERS UNDER THE 1958 ACT
32.13Interpretation
32.14Registration of orders – prescribed period
32.15Application for registration of a maintenance order in a magistrates' court
32.16Registration in a magistrates' court of an order registered in the High Court
32.17Registration in the High Court of a magistrates' court order
32.18Registration in the High Court of an order registered in a magistrates' court
32.19Variation or discharge of an order registered in a magistrates' court
32.20Variation or discharge of an order registered in the High Court
32.21Cancellation of registration – orders registered in the High Court
32.22Cancellation of registration – orders registered in a magistrates' court
CHAPTER 4REGISTRATION AND ENFORCEMENT OF CUSTODY ORDERS UNDER THE 1986 ACT
32.23Interpretation
32.24Prescribed officer and functions of the court
32.25Application for the registration of an order made by the High Court or a county court
32.26Registration of orders made in Scotland, Northern Ireland or a specified dependent territory
32.27Revocation and variation of an order made in the High Court or a county court
32.28Registration of varied, revoked or recalled orders made in Scotland, Northern Ireland or a specified dependent territory
32.29Interim directions
32.30Staying and dismissal of enforcement proceedings
32.31Particulars of other proceedings
32.32Inspection of register
PART 33ENFORCEMENT
CHAPTER 1GENERAL RULES
33.1Application
SECTION 1Enforcement of orders for the payment of money
33.2Application of the Civil Procedure Rules
33.3How to apply
33.4Transfer of orders
SECTION 2Committal and injunction
33.5General rule - committal hearings to be in public
33.6Proceedings in the principal registry treated as pending in a designated county court
33.7Specific modifications of the CCR
33.8Section 118 County Courts Act 1984 and the tipstaff
CHAPTER 2COMMITTAL BY WAY OF JUDGMENT SUMMONS
33.9Interpretation
33.10Application
33.11Judgment summons
33.12Successive judgment summonses
33.13Requirement for personal service
33.14Committal on application for judgment summons
33.15Orders for the benefit of different persons
33.16Hearing of judgment summons
33.17Special provisions as to judgment summonses in the High Court
33.18Special provisions as to judgment summonses in designated county courts
CHAPTER 3ATTACHMENT OF EARNINGS
33.19Proceedings in the Principal Registry
CHAPTER 4WARRANT OF EXECUTION
33.20Applications to vary existing orders
33.21Section 103 County Courts Act 1984
CHAPTER 5COURT'S POWER TO APPOINT A RECEIVER
33.22Application of the CPR
CHAPTER 6ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS
33.23Application of the CPR
CHAPTER 7THIRD PARTY DEBT ORDERS
33.24Application of the CPR
CHAPTER 8CHARGING ORDER, STOP ORDER, STOP NOTICE
33.25Application of the CPR
PART 34RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS
34.1Scope and interpretation of this Part
34.2Meaning of prescribed officer in a magistrates' court
34.3Registration of maintenance orders in magistrates' courts in England and Wales
CHAPTER 1ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT 1920
34.4Interpretation
34.5Confirmation of provisional orders made in a reciprocating country
34.6Payment of sums due under registered orders
34.7Enforcement of sums due under registered orders
34.8Prescribed notice for the taking of further evidence
34.9Transmission of maintenance orders made in a reciprocating country to the High Court
34.10Transmission of maintenance orders made in the High Court to a reciprocating country
34.11Inspection of the register in the High Court
CHAPTER 2ENFORCEMENT OF MAINTENANCE ORDERS UNDER PART 1 OF THE 1972 ACT
34.12Interpretation
34.13Scope
SECTION 1Reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act
34.14Application for transmission of maintenance order to reciprocating country
34.15Certification of evidence given on provisional orders
34.16Confirmation of a provisional order made in a reciprocating country
34.17Consideration of revocation of a provisional order made by a magistrates' court
34.18Notification of variation or revocation of a maintenance order by the High Court or a county court
34.19Notification of confirmation or revocation of a maintenance order by a magistrates' court
34.20Taking of evidence for court in reciprocating country
34.21Request for the taking of evidence by a court in a reciprocating country
34.22Transmission of documents
34.23Method of payment under registered orders
34.24Enforcement of payments under registered orders
34.25Notification of registration and cancellation
SECTION 2Modification of rules in Section 1 of this Chapter
SUB-SECTION 1Republic of Ireland
34.26Application of Section 1 of this Chapter to the Republic of Ireland
SUB-SECTION 2Hague Convention Countries
34.27Application of Section 1 of this Chapter to the Hague Convention Countries
SUB-SECTION 3United States of America
34.28Application of Section 1 of this Chapter to the United States of America
CHAPTER 3ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982,THE JUDGMENTS REGULATION , THE MAINTENANCE REGULATION , THE 2007 HAGUE CONVENTION AND THE LUGANO CONVENTION
34.28AApplication of this Chapter
SECTION 1Registration and Enforcement in a Magistrates' Court of Maintenance Orders made in a Contracting State to the 1968 Convention, a Contracting State to the 1988 Convention, a Regulation State , a State bound by the 2007 Hague Convention other than a Member State of the European Union or a State bound by the Lugano Convention
34.29Interpretation
34.29AApplication under Article 30 of the Maintenance Regulation or under Article 23 of the 2007 Hague Convention for a declaration of enforceability
34.30Registration of maintenance orders
34.31Appeal from a decision relating to registration
34.32Payment of sums due under a registered order
34.33Enforcement of payments under registered orders
34.34Variation and revocation of registered orders
34.35Transfer of registered order
34.36Cancellation of registered orders
34.36ADirections as to stays, documents and translations
34.36BInternational Maintenance Obligations; Communication with the Central Authority for England and Wales
SECTION 2Reciprocal enforcement in a Contracting State or a Member State of the European Union of Orders of a court in England and Wales
34.37Application in a magistrates' court for a maintenance order, or revocation of a maintenance order, to which the 1982 Act, the Judgments Regulations or the Lugano Convention applies
34.38Admissibility of Documents
34.39Enforcement of orders of a magistrates' court
34.40Enforcement of orders of the High Court or a county court
PART 35MEDIATION DIRECTIVE
35.1Scope and Interpretation
35.2Relevant disputes: applications for consent orders in respect of financial remedies
35.3Mediation evidence: disclosure and inspection
35.4Mediation evidence: witnesses and depositions
PART 36TRANSITIONAL ARRANGEMENTS AND PILOT SCHEMES
36.1Transitional provisions
36.2Pilot schemes
GLOSSARY
Scope
This glossary is a guide to the meaning of certain...
2010 No. 2955 (L. 17)
Family Proceedings
Senior Courts Of England And Wales
County Courts, England And Wales
Magistrates' Courts, England And Wales

The Family Procedure Rules 2010

Made
Laid before Parliament
Coming into force

M1M2M3M4M5M6M7M8The Family Procedure Rule Committee makes the following rules in exercise of the powers conferred by sections 75 and 76 of the Courts Act 2003 , section 18(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 , sections 12 and 48 of the Civil Jurisdiction and Judgments Act 1982 , sections 10 and 24 of the Child Abduction and Custody Act 1985 , section 97(1) of the Children Act 1989 , section 54(1) of the Access to Justice Act 1999 , sections 52(7), 102, 109(2) and 141(1) and (3) of the Adoption and Children Act 2002 , after consulting in accordance with section 79 of the Courts Act 2003 .

These rules may be cited as the Family Procedure Rules 2010 and shall come into force on 6th April 2011.