Family Proceedings Rules 1991

Publication Date:January 01, 1991
 
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1991No. 1247

FAMILY PROCEEDINGS

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

The Family Proceedings

Rules 1991

* * * * *See the correction at the end of this SI. * * * * *

1stMay1991

17thJuly1991

14thOctober1991

ARRANGEMENT OF RULES

RULE PART I. PRELIMINARY

1.1 Citation and commencement

1.2 Interpretation

1.3 Application of other rules

1.4 County court proceedings in principal registry

1.5 Computation of time

PART II.MATRIMONIAL CAUSES

2.1 Application of Part II

Commencement etc of proceedings

2.2 Cause to be begun by petition

2.3 Contents of petition

2.4 Petitioner relying on section 11 or 12 of the Civil Evidence Act 1968

2.5 Signing of petition

2.6 Presentation of petition

2.7 Parties

2.8 Discontinuance of cause before service of petition

Service of petition etc

2.9 Service of petition

2.10 Consent to grant of decree

Pleadings and amendment

2.11 Supplemental petition and amendment of petition

2.12 Filing of answer to petition

2.13 Filing of reply and subsequent pleadings

2.14 Filing and amendment of pleadings after directions for trial

2.15 Contents of answer and subsequent pleadings

2.16 Allegation against third person in pleading

2.17 Service of pleadings

2.18 Supplemental answer and amendment of pleadings

2.19 Particulars

Preparation for trial

2.20 Discovery of documents in defended cause

2.21 Discovery by interrogatories in defended cause

2.22 Medical examination in proceedings for nullity

2.23 Conduct of medical examination

2.24 Directions for trial

2.25 Determination of place of trial

2.26 Directions as to allegations under section 1(2)(b) of Act of 1973

2.27 Stay under Domicile and Matrimonial Proceedings Act 1973

Evidence

2.28 Evidence at trial of cause

2.29 Evidence by deposition

2.30 Issue of witness summons or subpoena

2.31 Hearsay and expert evidence in High Court

Trial etc

2.32 Mode and place of trial

2.33 Trial of issue

2.34 Exercise of district judge's jurisdiction in causes set down for trial

2.35 Further provisions as to date of trial

2.36 Disposal of causes in special procedure list

2.37 Right to be heard on question of costs

2.38 Respondent's statement as to arrangments for children

2.39 Procedure for complying with section 41 of Act of 1973

2.40 Applications relating to children of the family

2.41 Restoration of matters adjourned at the hearing

2.42 Application for re-hearing

Decrees and orders

2.43 Decrees and orders

2.44 Application for rescission of decree

2.45 Application under section 10(2) of Act of 1973

2.46 Intervention to show cause by Queen's Proctor

2.47 Intervention to show cause by person other than Queen's Proctor

2.48 Rescission of decree nisi by consent

2.49 Decree absolute on lodging notice

2.50 Decree absolute on application

2.51 Indorsement and certificate of decree absolute

Ancillary relief

2.52 Right to be heard on ancillary questions

2.53 Application by petitioner or respondent for ancillary relief

2.54 Application by parent, guardian etc for ancillary relief in respect of children

2.55 Application in Form M11 or M12

2.56 Application for ancillary relief after order of magistrates' court

2.57 Children to be separately represented on certain applications

2.58 General provisions as to evidence etc on application for ancillary relief

2.59 Evidence on application for property adjustment or avoidance of disposition order

2.60 Service of affidavit in answer or reply

2.61 Information on application for consent order for financial relief

2.62 Investigation by district judge of application for ancillary relief

2.63 Request for further information etc

2.64 Order on application for ancillary relief

2.65 Reference of application to judge

2.66 Arrangements for hearing of application etc by judge

2.67 Request for periodical payments order at same rate as order for maintenance pending suit

2.68 Application for order under section 37(2)(a) of Act of 1973

PART III.OTHER MATRIMONIAL ETC PROCEEDINGS

3.1 Application in case of failure to provide reasonable maintenance

3.2 Application for alteration of maintenance agreement during lifetime of parties

3.3 Application for alteration of maintenance agreement after death of one party

3.4 Further proceedings on application under rule

3.5 Application of other rules to proceedings under section 35 or 36 of Act of 1973

3.6 Married Women's Property Act 1882

3.7 Exercise in principal registry of county court jurisdiction under section 17 of Married Women's Property Act 1882

3.8 Proceedings under sections 1 and 9 of and Schedule 1 to Matrimonial Homes Act 1983

3.9 Domestic Violence and Matrimonial Proceedings Act 1976

3.10 Domestic Proceedings and Magistrates' Courts Act 1978

3.11 Proceedings in respect of polygamous marriage

3.12 Application under section 55 of Act of 1986 for declaration as to marital status

3.13 Application under section 56(1)(a) of Act of 1986 for declaration of parentage

3.14 Application under section 56(1)(b) and (2) of Act of 1986 for declaration of legitimacy or legitimation

3.15 Application under section 57 of Act of 1986 for declaration as to adoption effected overseas

3.16 General provisions as to proceedings under rules 3.12, 3.13, 3.14 and

3.17 Application for leave under section 13 of Act of 1984

3.18 Application for order for financial relief or avoidance of transaction order under Part III of Act of 1984

3.19 Application for order under section 24 of Act of 1984 preventing transaction

3.20 Consent to marriage of minor

PART IV.PROCEEDINGS UNDER THE CHILDREN ACT 1989

4.1 Interpretation and application

4.2 Matters prescribed for the purposes of the Act of 1989

4.3 Application for leave to commence proceedings

4.4 Application

4.5 Withdrawal of application

4.6 Transfer from magistrates' court to county court and from county court to High Court

4.7 Parties

4.8 Service

4.9 Answer to application

4.10 Appointment of guardian ad litem

4.11 Powers and duties of guardian ad litem

4.12 Solicitor for child

4.13 Welfare officer

4.14 Directions

4.15 Timing of proceedings

4.16 Attendance at directions appointment and hearing

4.17 Documentary evidence

4.18 Expert evidence-examination of child

4.19 Amendment

4.20 Oral evidence

4.21 Hearing

4.22 Appeals

4.23 Confidentiality of documents

4.24 Notification of consent

4.25 Secure accommodation-evidence

4.26 Investigation under section 37

4.27 Direction to local education authority to apply for education supervision order

4.28 Transitional provision

PART V.WARDSHIP

5.1 Application to make a minor a ward of court

5.2 Enforcement of order by tipstaff

5.3 Where minor ceases to be a ward of court

5.4 Adoption of minor who is a ward of court

PART VI.CHILD ABDUCTION AND CUSTODY ACT 1985

6.1 Interpretation

6.2 Mode of application

6.3 Contents of originating summons: general provisions

6.4 Contents of originating summons: particular provisions

6.5 Defendants

6.6 Acknowledgement of service

6.7 Evidence

6.8 Hearing

6.9 Dispensing with service

6.10 Adjournment of summons

6.11 Stay of proceedings

6.12 Transfer of proceedings

6.13 Interim directions

6.14 Obtaining authenticated copies of decisions

6.15 Revocation and variation of registered decisions

6.16 Orders for disclosure of information

PART VII.ENFORCEMENT OF ORDERS

Chapter 1. General

7.1 Enforcement of order for payment of money, etc

7.2 Committal and injunction

7.3 Transfer of county court order to High Court

Chapter 2. Judgment summonses

7.4 General provisions

7.5 Special provisions as to judgment summonses in the High Court

7.6 Special provisions as to judgment summonses in divorce county courts

Chapter 3. Registration and enforcement of custody orders

7.7 Registration under Family Law Act 1986

7.8 Application to register English Part I order

7.9 Registration of Scottish and Northern Ireland orders

7.10 Revocation and variation of English order

7.11 Registration of revoked, recalled or varied

7.12 Scottish or Northern Ireland order

7.13 Interim directions

7.14 Staying and dismissal of enforcement proceedings

7.15 Particulars of other proceedings

Chapter 4. Enforcement of maintenance orders

7.16 Interpretation

7.17 Registration etc of orders under Act of 1920

Proceedings under Part II of Act of 1950

7.18 Interpretation of rules 7.18 to 7.21

7.19 Registration etc of English order

7.20 Registration etc of

7.21 Inspection of register

Registration etc of certain orders under Act of 1958

7.22 Application and interpretation of rules 7.22 to 7.29

7.23 Application for registration

7.24 Registration in a magistrates' court of an order registered in the High Court

7.25 Registration of magistrates' court order

7.26 Registration in the High Court of an order registered in a magistrates' court

7.27 Variation or discharge of registered order Appeal from variation etc of order by magistrates' court

7.28 Cancellation of registration

7.29 Proceedings under Act of 1972

proceedings under Act of 1972

7.30 Interpretation of rules 7.31 to 7.38

7.31 Application for transmission of maintenance order to reciprocating country

7.32 Certification of evidence given on provisional order

7.33 Confirmation of provisional order

7.34 Taking of evidence for court in reciprocating country

7.35 Notification of variation or revocation

7.36 Transmission of documents

7.37 Application of rules 7.30 to 7.36 to Republic of Ireland

7.38 Application of rules 7.30 to 7.36 to Hague Convention countries

PART VIII.APPEALS

8.1 Appeals from district judges

8.2 Appeals under Domestic Proceedings and Magistrates' Courts Act 1978

PART IX.DISABILITY

9.1 Interpretation and application of Part IX

9.2 Person under disability must sue by next friend, etc

9.3 Service on person under disability

9.4 Petition for nullity on ground of mental disorder

9.5 Separate representation of children

PART X.PROCEDURE (GENERAL)

10.1 Application

10.2 Service on solicitors

10.3 Service on person acting in person

10.4 Service by bailiff in proceedings in principal registry

10.5 Proof of service by officer of court etc

10.6 Service out of England and Wales

10.7 Mode of...

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