PART 10APPLICATIONS UNDER PART 4 OF THE FAMILY LAW ACT 1996

Service of an order10

1

F3Subject to any order made under rule 6.35 or 6.36, the applicant must, as soon as reasonably practicable, serve on the respondent personally—

a

a copy of the order; and

F1b

where the order is made without notice—

i

a copy of the application together with any statement supporting it; and

ii

where the order is made by lay justices, a copy of the written record of the reasons for the court’s decision.

(Rule 27.2 makes provision in respect of lay justices giving written reasons in the family court.)

F21A

The documents listed in paragraph (1) must not be served personally by the applicant himself or herself.

2

The court must serve the documents listed in paragraph (1) if—

a

an applicant, acting in person, so requests; or

b

the court made the order of its own initiative.

3

In an application for an occupation order under section 33, 35 or 36 of the 1996 Act, the applicant must serve a copy of any order made on the mortgagee and any landlord of the dwelling-house in question.