PART 11APPLICATIONS UNDER PART 4A OF THE FAMILY LAW ACT 1996 F4OR PART 1 OF SCHEDULE 2 TO THE FEMALE GENITAL MUTILATION ACT 2003
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.
Words in Pt. 11 heading inserted (17.7.2015) by The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(2), 3