- Latest available (Revised)
- Point in Time (13/03/2014)
- Original (As made)
The Family Procedure Rules 2010 is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
PART 2 APPLICATION AND INTERPRETATION OF THE RULES
2.4.Modification of rules in application to serial numbers etc.
2.5.Power to perform functions conferred on the court by these rules and practice directions
2.6.Powers of the single justice to perform functions under the 1989 Act, the 1996 Act, the 2002 Act and the Childcare Act 2006
2.10.Dates for compliance to be calendar dates and to include time of day
6.11.Service of the application on a solicitor within the jurisdiction or in any EEA state
6.12.Service of the application where the respondent gives an address at which the respondent may be served
6.13.Service of the application where the respondent does not give an address at which the respondent may be served
6.14.Service of the application on children and protected parties
6.16.Deemed service by post or alternative service where no acknowledgment of service filed
6.17.Proof of personal service where no acknowledgment of service filed
6.19.Service of the application by an alternative method or at an alternative place
6.20.Power of the court to dispense with service of the application
6.28.Service of an application form commencing proceedings on children and protected parties
6.29.Service of other documents on or by children and protected parties where a litigation friend has been or will be appointed
6.30.Service on or by children where a children's guardian has been or will be appointed under rule 16.4
6.31.Service on or by children where a children's guardian has been appointed under rule 16.3
6.32.Supplementary provisions relating to service on children and protected parties
6.33.Supplementary provision relating to service on children
6.35.Service by an alternative method or at an alternative place
CHAPTER 4 SERVICE OUT OF THE JURISDICTION
6.42.Period for acknowledging service or responding to application where application is served out of the jurisdiction
6.45.Service through foreign governments, judicial authorities and British Consular authorities
6.46.Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
6.48.Undertaking to be responsible for expenses of the Foreign and Commonwealth Office
PART 7 PROCEDURE FOR APPLICATIONS IN MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS
CHAPTER 2 RULES ABOUT STARTING AND RESPONDING TO PROCEEDINGS
CHAPTER 3 HOW THE COURT DETERMINES MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS
7.17.Exercise of jurisdiction in cases heard at place other than the court in which the case is proceeding
7.20.What the court will do on an application for a decree nisi, a conditional order, a decree of judicial separation or a separation order
7.24.The circumstances in which proceedings may be transferred between courts
7.25.The procedure for complying with section 41 of 1973 Act or section 63 of 2004 Act
7.26.Medical examinations in proceedings for nullity of a marriage of an opposite sex couple
7.28.The circumstances in which an order may be set aside (rescission)
7.29.Applications under section 10(2) of 1973 Act or section 48(2) of 2004 Act
7.31.Applications to prevent decrees nisi being made absolute or conditional orders being made final
7.32.Making decrees nisi absolute or conditional orders final by giving notice
7.33.Applications to make decrees nisi absolute or conditional orders final
7.34.What the court officer must do when a decree nisi is made absolute
7.35.What the court officer must do when a conditional order is made final
PART 8 PROCEDURE FOR MISCELLANEOUS APPLICATIONS
CHAPTER 2 APPLICATION FOR CORRECTED GENDER RECOGNITION CERTIFICATE
CHAPTER 3 APPLICATION FOR ALTERATION OF MAINTENANCE AGREEMENT AFTER DEATH OF ONE PARTY
CHAPTER 4 APPLICATION FOR QUESTION AS TO PROPERTY TO BE DECIDED IN SUMMARY WAY
CHAPTER 6 APPLICATION FOR PERMISSION TO APPLY FOR A FINANCIAL REMEDY AFTER OVERSEAS PROCEEDINGS
PART 9 APPLICATIONS FOR A FINANCIAL REMEDY
CHAPTER 4 PROCEDURE IN THE HIGH COURT AND COUNTY COURT AFTER FILING AN APPLICATION
CHAPTER 5 PROCEDURE IN THE MAGISTRATES' COURT AFTER FILING AN APPLICATION
9.18.Duties of the court and the applicant upon filing an application
9.20.Power of the court to direct filing of evidence and set dates for further hearings
9.21.Who 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
9.22.Application 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
CHAPTER 9 PENSION PROTECTION FUND COMPENSATION
9.39.What the party with compensation rights must do when the court fixes a first appointment
9.41.Applications for consent orders for pension compensation sharing
9.42.Applications for pension compensation attachment orders
9.43.Applications for consent orders for pension compensation attachment
9.44.Pension compensation sharing orders or pension compensation attachment orders
9.45.Duty of the court upon making a pension compensation sharing order or a pension compensation attachment order
PART 10 APPLICATIONS UNDER PART 4 OF THE FAMILY LAW ACT 1996
10.2.Applications for an occupation order or a non-molestation order
10.9.Orders containing provisions to which a power of arrest is attached
10.10.Service of an order on the officer for the time being in charge of a police station
10.11.Proceedings following arrest in a county court or the High Court
10.14.Power to adjourn the hearing for consideration of the penalty
10.15.Hospital orders or guardianship orders under the Mental Health Act 1983
10.16.Transfer directions under section 48 of the Mental Health Act 1983
PART 11 APPLICATIONS UNDER PART 4A OF THE FAMILY LAW ACT 1996
12.4.Notice of proceedings to person with foreign parental responsibility
12.5.What the court will do when the application has been issued
12.6.Children's guardian, solicitor and reports under section 7 of the 1989 Act
12.9.Request for transfer from magistrates' court to county court or to another magistrates' court
12.10.Procedure following refusal of magistrates' court to order transfer
12.11.Transfer of proceedings from one court to another court
12.13.Setting dates for hearings and setting or confirming the timetable and date for the final hearing
12.18.Disclosure of a report under section 14A(8) or (9) of the 1989 Act
CHAPTER 5 SPECIAL PROVISIONS ABOUT INHERENT JURISDICTION PROCEEDINGS
SECTION 1 Proceedings under the 1980 Hague Convention or the European Convention
12.52.Stay of proceedings upon notification of wrongful removal etc.
12.53.Stay of proceedings where application made under s.16 of the 1985 Act (registration of decisions under the European Convention)
12.56.The central index of decisions registered under the 1985 Act
12.57.Disclosure of information in proceedings under the European Convention
SECTION 2 Applications relating to the Council Regulation and the 1996 Hague Convention
12.59.Procedure under Article 11(6) of the Council Regulation where the court makes a non-return order under Article 13 of the 1980 Hague Convention
12.60.Procedure 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
12.61.Transfer of proceedings under Article 15 of the Council Regulation or under Article 8 of the 1996 Hague Convention
12.62.Application by a party for transfer of the proceedings
12.63.Application by a court of another Member State or another Contracting State for transfer of the proceedings
12.64.Exercise by the court of its own initiative of powers to seek to transfer the proceedings
12.65.Application 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
12.66.Procedure 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
12.67.Service of the court's order or request relating to transfer of jurisdiction under the Council Regulation or the 1996 Hague Convention
12.68.Questions as to the court's jurisdiction or whether the proceedings should be stayed
12.69.Request for consultation as to contemplated placement of child in England and Wales
12.70.Request made by court in England and Wales for consultation as to contemplated placement of child in another Member State or Contracting State
12.71.Application 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 7 COMMUNICATION OF INFORMATION: CHILDREN PROCEEDINGS
PART 13 PROCEEDINGS UNDER SECTION 54 OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 2008
13.4.Notice of proceedings to person with foreign parental responsibility
13.5.What the court or a court officer will do when the application has been issued
13.10.Where the agreement of the other parent or the woman who carried the child is not required
13.12.Reports of the parental order reporter and disclosure to the parties
13.16.Disclosing information to an adult who was subject to a parental order
13.18.Keeping of registers, custody, inspection and disclosure of documents and information
13.19.Documents held by the court not to be inspected or copied without the court's permission
PART 14 PROCEDURE FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
14.4.Notice of proceedings to person with foreign parental responsibility
14.6.What the court or a court officer will do when the application has been issued
14.9.Requesting the court to dispense with the consent of any parent or guardian
14.13.Confidential reports to the court and disclosure to the parties
14.21.Inherent jurisdiction and fathers without parental responsibility
14.24.Documents held by the court not to be inspected or copied without the court's permission
PART 15 REPRESENTATION OF PROTECTED PARTIES
15.3.Stage of proceedings at which a litigation friend becomes necessary
15.4.Who may be a litigation friend for a protected party without a court order
15.5.How a person becomes a litigation friend without a court order
15.6.How a person becomes a litigation friend by court order
15.7.Court's power to change litigation friend and to prevent person acting as litigation friend
15.8.Appointment of litigation friend by court order – supplementary
15.9.Procedure where appointment of litigation friend comes to an end
PART 16 REPRESENTATION OF CHILDREN AND REPORTS IN PROCEEDINGS INVOLVING CHILDREN
CHAPTER 3 WHEN A CHILDREN'S GUARDIAN OR LITIGATION FRIEND WILL BE APPOINTED
CHAPTER 4 WHERE A CHILDREN'S GUARDIAN OR LITIGATION FRIEND IS NOT REQUIRED
16.8.Stage of proceedings at which a litigation friend becomes necessary
16.9.Who may be a litigation friend for a child without a court order
16.10.How a person becomes a litigation friend without a court order
16.12.Court's power to change litigation friend and to prevent person acting as litigation friend
16.13.Appointment of litigation friend by court order – supplementary
16.15.Procedure where appointment of litigation friend comes to an end
CHAPTER 7 CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.4
16.23.Stage of proceedings at which a children's guardian becomes necessary
16.25.Court's power to change children's guardian and to prevent person acting as children's guardian
16.26.Appointment of children's guardian by court order – supplementary
16.28.Procedure where appointment of children's guardian comes to an end
CHAPTER 14 ENFORCEMENT ORDERS AND FINANCIAL COMPENSATION ORDERS: PERSONS NOTIFIED
PART 20 INTERIM REMEDIES AND SECURITY FOR COSTS
PART 21 MISCELLANEOUS RULES ABOUT DISCLOSURE AND INSPECTION OF DOCUMENTS
CHAPTER 2 TAKING OF EVIDENCE – MEMBER STATES OF THE EUROPEAN UNION
25.5.Further provisions about the court’s power to restrict expert evidence
25.7.What an application notice requesting the court’s permission must include
25.9.General requirement for expert evidence to be given in a written report
25.11.Court’s power to direct that evidence is to be given by a single joint expert
25.13.Power of court to direct a party to provide information
25.15.Use by one party of expert’s report disclosed by another
31.4.Application for registration, recognition or non-recognition of a judgment
31.7.Recognition 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
31.8.Registration for enforcement or order for non-recognition of a judgment
31.10.Effect of refusal of application for a decision that a judgment should not be recognised
31.11.Notification of the court's decision on an application for registration or non-recognition
31.13.The central index of judgments registered under rule 31.11
31.15.Appeal against the court's decision under rules 31.10, 31.11 or 31.14
31.16.Stay of enforcement where appeal pending in state of origin
31.18.Request for a certificate or a certified copy of a judgment
31.19.Certificates issued in England and Wales under Articles 41 and 42 of the Council Regulation
31.20.Rectification of certificate issued under Article 41 or 42 of the Council Regulation
31.21.Authentic instruments and agreements under Article 46 of the Council Regulation
31.22.Application for provisional, including protective measures.
PART 32 REGISTRATION AND ENFORCEMENT OF ORDERS
CHAPTER 3 REGISTRATION OF MAINTENANCE ORDERS UNDER THE 1958 ACT
32.15.Application for registration of a maintenance order in a magistrates' court
32.16.Registration in a magistrates' court of an order registered in the High Court
32.17.Registration in the High Court of a magistrates' court order
32.18.Registration in the High Court of an order registered in a magistrates' court
32.19.Variation or discharge of an order registered in a magistrates' court
32.20.Variation or discharge of an order registered in the High Court
32.21.Cancellation of registration – orders registered in the High Court
32.22.Cancellation of registration – orders registered in a magistrates' court
CHAPTER 4 REGISTRATION AND ENFORCEMENT OF CUSTODY ORDERS UNDER THE 1986 ACT
32.25.Application for the registration of an order made by the High Court or a county court
32.26.Registration of orders made in Scotland, Northern Ireland or a specified dependent territory
32.27.Revocation and variation of an order made in the High Court or a county court
32.28.Registration of varied, revoked or recalled orders made in Scotland, Northern Ireland or a specified dependent territory
PART 34 RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS
34.3.Registration of maintenance orders in magistrates' courts in England and Wales
CHAPTER 2 ENFORCEMENT OF MAINTENANCE ORDERS UNDER PART 1 OF THE 1972 ACT
SECTION 1 Reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act
34.14.Application for transmission of maintenance order to reciprocating country
34.16.Confirmation of a provisional order made in a reciprocating country
34.17.Consideration of revocation of a provisional order made by a magistrates' court
34.18.Notification of variation or revocation of a maintenance order by the High Court or a county court
34.19.Notification of confirmation or revocation of a maintenance order by a magistrates' court
34.21.Request for the taking of evidence by a court in a reciprocating country
SECTION 2 Modification of rules in Section 1 of this Chapter
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including:
The data on this page is available in the alternative data formats listed: