The Family Procedure Rules 2010

Who the parties are E+W

8.20.—(1) In relation to the proceedings set out in column 1 of the following table, column 2 sets out who the respondents to those proceedings will be.

Proceedings	Respondent
Applications for declarations as to marital or civil partnership status.	The other party to the marriage or civil partnership in question or, where the applicant is a third party, both parties to the marriage or civil partnership.
Applications for declarations of parentage.	[F1 (i) The person whose parentage is in issue [F2 except where that person is a child]; and (ii) any person who is or is alleged to be the parent of the person whose parentage is in issue, except where that person is the applicant [F3 or is a child].]
Applications for declarations of legitimacy or legitimation.	The applicant's father and mother or the survivor of them.
Applications for declarations as to adoption effected overseas.	The person(s) whom the applicant is claiming are or are not the applicant's adoptive parents.

[F4 (Under rule 16.2 the court may make a child a party to certain proceedings (including applications for declarations of parentage) where it considers that to be in the best interests of the child.)]

(2) The applicant must include in his application particulars of every person whose interest may be affected by the proceedings and his relationship to the applicant.

(3) The acknowledgment of service filed under rule 19.5 must give details of any other persons the respondent considers should be made a party to the application or be given notice of the application.

(4) Upon receipt of the acknowledgment of service, the court must give directions as to any other persons who should be made a respondent to the application or be given notice of the proceedings.

(5) A person given notice of proceedings under paragraph (4) may, within 21 days beginning with the date on which the notice was served, apply to be joined as a party.

(6) No directions may be given as to the future management of the case under rule 19.9 until the expiry of the notice period in paragraph(5).

Textual Amendments

F1 Words in rule 8.20(1) table substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 15 (with rule 30)

F2 Words in rule 8.20(1) table inserted (3.10.2016) by The Family Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/901), rules 1, 3(a)(i) (with rule 9)

F3 Words in rule 8.20(1) table inserted (3.10.2016) by The Family Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/901), rules 1, 3(a)(ii) (with rule 9)

F4 Words in rule 8.20(1) inserted (3.10.2016) by The Family Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/901), rules 1, 3(b) (with rule 9)