The Family Procedure Rules 2010

Who the parties areE+W

This section has no associated Explanatory Memorandum

13.3.—(1) An application for a parental order [F1under section 54 of the 2008 Act] may be made by such of the following who satisfy the conditions set out in section 54(1) of the 2008 Act—

(a)a husband and wife;

(b)civil partners of each other; or

(c)two persons who are living as partners in an enduring family relationship and are not within the prohibited degrees of relationship in relation to each other.

[F2(1A) An application for a parental order under section 54A of the 2008 Act may only be made by one person who satisfies the conditions set out in subsection (1) of that section.]

(2) The respondents to an application for a parental order are—

(a)the woman who carried the child;

(b)the other parent (if any);

(c)any person in whose favour there is provision for contact; and

(d)any other person or body with parental responsibility for the child at the date of the application.

(3) The court will direct that a person with parental responsibility for the child be made a party to proceedings where that person requests to be one.

(4) The court may at any time direct that—

(a)any other person or body be made a respondent to the proceedings; or

(b)a respondent be removed from the proceedings.

(5) If the court makes a direction for the addition or removal of a party, it may give consequential directions about—

(a)serving a copy of the application form on any new respondent;

(b)serving relevant documents on the new party; and

(c)the management of the proceedings.