PART 11APPLICATIONS UNDER PART 4A OF THE FAMILY LAW ACT 1996 F4OR PART 1 OF SCHEDULE 2 TO THE FEMALE GENITAL MUTILATION ACT 2003

Annotations:
Amendments (Textual)

Parties11

F1A1

Where the person who is the subject of proceedings is not the applicant and is a child, the court must consider, at every stage in the proceedings, whether to make that child a party to proceedings.

(For when a child should be made a party to proceedings generally see paragraph 7 of Practice Direction 16A).

1

In proceedings under this Part, a person may file a Part 18 application notice for that person or another person to—

a

be joined as a party; or

b

cease to be a party.

2

As soon as practicable after receiving an application under paragraph (1), the court must do one of the following—

a

in the case only of an application under paragraph (1)(a), grant the application;

b

order that the application be considered at a hearing, and fix a date for the hearing; or

c

invite written representations as to whether the application should be granted, to be filed within a specified period, and upon expiry of that period act under sub-paragraph (a) or (b) as it sees fit.

3

The court officer must inform the following persons of the court's action under paragraph (2)—

a

the applicant under paragraph (1);

b

(if different) the applicant for the F2... protection order and the respondent to that application;

c

(if different) the person who is the subject of the proceedings; and

d

any other person directed by the court.

4

The court may at any time direct—

a

that a person who would not otherwise be a respondent under these rules be joined as a party to the proceedings; or

b

that a party to the proceedings cease to be a party,

and such a direction may be made by the court of its own initiative as well as upon an application under paragraph (1).

5

Where the court directs the addition or removal of a party, it may give consequential directions about—

a

service on a new party of a copy of the application for the F3... protection order and other relevant documents; and

b

the management of the proceedings.