The Family Procedure Rules 2010

Contents

6,027 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. Part 1 · Overriding objective
   1. 1 The overriding objective
   2. 1 Application by the court of the overriding objective
   3. 1 Duty of the parties
   4. 1 Court's duty to manage cases
   5. 1.5 The Welsh language
2. Part 2 · Application and interpretation of the rules
   1. 2 Application of these Rules
   2. 2 Dates for compliance to be calendar dates and to include time of day
   3. 2 The glossary
   4. 2 Interpretation
   5. 2 Modification of rules in application to serial numbers etc.
   6. 2 Power to perform functions conferred on the court by these rules and practice directions
   7. 2 Powers of the single justice to perform functions under the 1989 Act, the 1996 Act, the 2002 Act and the Childcare Act 2006
   8. 2 Single lay justice: power to refer to the family court
   9. 2 Court's discretion as to where it deals with cases
   10. 2 Computation of time
3. Part 3 · Non-court Dispute Resolution
   1. Chapter 1 Interpretation
   2. Chapter 2: The Court’s Duty and Powers Generally
   3. Chapter 3: Family Mediation Information and Assessment Meetings (MIAMs)
4. Part 3A · Vulnerable persons: participation in proceedings and giving evidence
   1. 3A.1 Interpretation
   2. 3A.10 Application for directions under this Part
   3. 3A.11 Procedure where the court makes directions of its own initiative
   4. 3A.12 Functions of officers of the Service and Welsh family proceedings officers
   5. 3A.13 Prohibition of cross-examination in person under Part 4B of the 1984 Act
   6. 3A.2 Application of provisions in this Part
   7. 3A.2A Court’s duty to consider making participation directions: victims of domestic abuse
   8. 3A.3 Court’s duty to consider vulnerability of other parties or witnesses
   9. 3A.4 Court’s duty to consider how a party can participate in the proceedings
   10. 3A.5 Court’s duty to consider how a party or a witness can give evidence
   11. 3A.6 Protected parties
   12. 3A.7 What the court must have regard to
   13. 3A.8 Measures
   14. 3A.9 When the duties of the court apply and recording reasons for decisions made under this Part
5. Part 4 · General case management powers
   1. 4 The court's general powers of management
   2. 4 Court officer's power to refer to the court
   3. 4 Court's power to make order of its own initiative
   4. 4 Power to strike out a statement of case
   5. 4 Sanctions have effect unless defaulting party obtains relief
   6. 4 Relief from sanctions
   7. 4 General power of the court to rectify matters where there has been an error of procedure
   8. 4 Power of the court to make civil restraint orders
6. Part 5 · Forms, start of proceedings and communication with the court
   1. 5 Forms
   2. 5 Documents to be attached to a form
   3. 5 Proceedings are started by issue of application form
   4. 5.4 Where to start proceedings
   5. 5.5 Filing documents with and sending documents to the court by e-mail
   6. 5.6 Documents in the Welsh language
   7. 5.7 Communications with the court
   8. 5.8 Provision in relation to bulk scanning of documents
   9. 5.A.1 Application
7. Part 6 · Service
   1. Chapter 1 Scope of this part and interpretation
   2. Chapter 2 Service of the application for a matrimonial order or civil partnership order in the jurisdiction
   3. Chapter 3 Service of documents other than an application for a matrimonial order or civil partnership order in the united kingdom
   4. Chapter 4 Service out of the jurisdiction
8. Part 7 · Procedure for applications in matrimonial and civil partnership proceedings
   1. Chapter 1 Application and interpretation
   2. Chapter 2 Rules about starting proceedings
   3. Chapter 3 Standard case
   4. Chapter 4 Disputed case
   5. Chapter 5 Proceedings after conditional order (standard and disputed case)
   6. Chapter 6 Provisions specific to nullity proceedings
   7. Chapter 7 General provisions
9. Part 8 · Procedure for miscellaneous applications
   1. Chapter 1 Procedure
   2. Chapter 2 Application for corrected gender recognition certificate
   3. Chapter 3 Application for alteration of maintenance agreement after death of one party
   4. Chapter 4 Application for question as to property to be decided in summary way
   5. Chapter 5 Declarations
   6. Chapter 6 Application for permission to apply for a financial remedy after overseas proceedings
   7. Chapter 7 Application for the transfer of a tenancy under section 53 of, and schedule 7 to, the 1996 act
   8. Chapter 8 Applications for orders preventing avoidance under section 32L of the child support act 1991
   9. Chapter 9 Application for consent to marriage of a child or to registration of civil partnership of a child
10. Part 9 · Applications for a financial remedy
    1. Chapter 1 Application and interpretation
    2. Chapter 2 Procedure for applications
    3. Chapter 3 Applications for financial remedies for children
    4. Chapter 4 Standard procedure
    5. Chapter 5 Fast-track procedure
    6. Chapter 5A Certain applications
    7. Chapter 6 General procedure
    8. Chapter 7 Estimates of costs
    9. Chapter 8 Pensions
    10. Chapter 9 Pension protection fund compensation
    11. Chapter 10 Communication of information from financial remedy proceedings
11. Part 10 · Applications under part 4 of the family law act 1996
    1. 10 Scope and interpretation of this Part
    2. 10 Service of an order on the officer for the time being in charge of a police station
    3. 10 Proceedings following arrest ...
    4. 10 Enforcement of an order: requirement for a penal notice
    5. 10 Enforcement of an undertaking
    6. 10 Power to adjourn the hearing for consideration of the penalty
    7. 10 Hospital orders or guardianship orders under the Mental Health Act 1983
    8. 10 Transfer directions under section 48 of the Mental Health Act 1983
    9. 10 Recognizances
    10. 10 Applications for an occupation order or a non-molestation order
    11. 10 Service of the application
    12. 10 Transfer of pending proceedings to another court
    13. 10 Privacy
    14. 10 Service of an order
    15. 10 Representations made by a mortgagee or landlord
    16. 10 Applications to vary, extend or discharge an order
    17. 10 Orders containing provisions to which a power of arrest is attached
12. Part 11 · Applications under part 4A of the family law act 1996 or part 1 of schedule 2 to the female genital mutilation act 2003
    1. 11 Scope and interpretation
    2. 11 Applications to vary, extend or discharge an order
    3. 11 Orders containing provisions to which a power of arrest is attached
    4. 11 Notifying the police
    5. 11 Application for issue of warrant for arrest
    6. 11 Proceedings following arrest
    7. 11 Enforcement of orders and undertakings
    8. 11 Power to adjourn the hearing for consideration of the penalty
    9. 11 Hospital orders or guardianship orders under the Mental Health Act 1983
    10. 11 Transfer directions under section 48 of the Mental Health Act 1983
    11. 11 Recognizances
    12. 11 Applications
    13. 11 Permission to apply
    14. 11 Service of applications on notice
    15. 11 Transfer of proceedings
    16. 11 Parties
    17. 11 Hearings and service of orders
    18. 11 Orders made by the court of its own initiative
    19. 11 Representations in respect of orders
    20. 11.2A Directions about service
13. Part 12 · Children proceedings except parental order proceedings and proceedings for applications in adoption, placement and related proceedings
    1. Chapter 1 Interpretation and application of this part
    2. Chapter 2 General rules
    3. Chapter 3 Special provisions about public law proceedings
    4. Chapter 4 Special provisions about private law proceedings
    5. Chapter 5 Special provisions about inherent jurisdiction proceedings
    6. Chapter 6 Proceedings under the 1980 hague convention, the european convention, ... and the 1996 hague convention
    7. Chapter 6A Special provision about return proceedings with links to asylum claims
    8. Chapter 7 Communication of information: children proceedings
14. Part 13 · Proceedings under section 54 or section 54A of the human fertilisation and embryology act 2008
    1. 13 Interpretation and application
    2. 13 Where the agreement of the other parent or the woman who carried the child is not required
    3. 13 Agreement
    4. 13 Reports of the parental order reporter and disclosure to the parties
    5. 13 Notice of final hearing
    6. 13 The final hearing
    7. 13 Proof of identity of the child
    8. 13 Disclosing information to an adult who was subject to a parental order
    9. 13 Application for recovery orders
    10. 13 Keeping of registers, custody, inspection and disclosure of documents and information
    11. 13 Documents held by the court not to be inspected or copied without the court's permission
    12. 13 Application of Part 12
    13. 13 Orders
    14. 13 Copies of orders
    15. 13 Amendment and revocation of orders
    16. 13 Who the parties are
    17. 13 Notice of proceedings to person with foreign parental responsibility
    18. 13 What the court or a court officer will do when the application has been issued
    19. 13 Service of the application and other documents
    20. 13 Acknowledgement
    21. 13 Date for first directions hearing
    22. 13 The first directions hearing
15. Part 14 · Procedure for applications in adoption, placement and related proceedings
    1. 14 Application of this Part and interpretation
    2. 14 Consent
    3. 14 Reports by the adoption agency or local authority
    4. 14 Health reports
    5. 14 Confidential reports to the court and disclosure to the parties
    6. 14 Communication of information relating to proceedings
    7. 14 Notice of final hearing
    8. 14 The final hearing
    9. 14 Proof of identity of the child
    10. 14 Disclosing information to an adopted adult
    11. 14 Translation of documents
    12. 14 Assignment of a serial number
    13. 14 Application for recovery orders
    14. 14 Notice to fathers without parental responsibility
    15. 14 Timing of applications for section 89 order
    16. 14 Custody of documents
    17. 14 Documents held by the court not to be inspected or copied without the court's permission
    18. 14 Orders
    19. 14 Copies of orders
    20. 14 Amendment and revocation of orders
    21. 14 Keeping registers in the family proceedings court
    22. 14 Who the parties are
    23. 14 Notice of proceedings to person with foreign parental responsibility
    24. 14 Who is to serve
    25. 14 What the court or a court officer will do when the application has been issued
    26. 14 Date for first directions hearing
    27. 14 The first directions hearing
    28. 14 Requesting the court to dispense with the consent of any parent or guardian
    29. 14.14A Communication of information with permission of the court
16. Part 15 · Representation of protected parties
    1. 15 Application of this Part
    2. 15 Requirement for litigation friend in proceedings
    3. 15 Stage of proceedings at which a litigation friend becomes necessary
    4. 15 Who may be a litigation friend for a protected party without a court order
    5. 15 How a person becomes a litigation friend without a court order
    6. 15 How a person becomes a litigation friend by court order
    7. 15 Court's power to change litigation friend and to prevent person acting as litigation friend
    8. 15 Appointment of litigation friend by court order – supplementary
    9. 15 Procedure where appointment of litigation friend comes to an end
17. Part 16 · Representation of children and reports in proceedings involving children
    1. Chapter 1 Application of this part
    2. Chapter 2 Child as party in family proceedings
    3. Chapter 3 When a children's guardian or litigation friend will be appointed
    4. Chapter 4 Where a children's guardian or litigation friend is not required
    5. Chapter 5 Litigation friend
    6. Chapter 6 Children's guardian appointed under rule 16.3
    7. Chapter 7 Children's guardian appointed under rule 16.4
    8. Chapter 8 Duties of solicitor acting for the child
    9. Chapter 9 Reporting officer
    10. Chapter 10 Children and family reporter and welfare officer
    11. Chapter 11 Parental order reporter
    12. Chapter 12 Supplementary appointment provisions
    13. Chapter 13 Officers of the service, welsh family proceedings officers and local authority officers: further duties
    14. Chapter 14 Enforcement orders and financial compensation orders: persons notified
18. Part 17 · Statements of truth
    1. 17 Interpretation
    2. 17 Documents to be verified by a statement of truth
    3. 17 Failure to verify a statement of case
    4. 17 Failure to verify a witness statement
    5. 17 Power of the court to require a document to be verified
    6. 17 False statements
19. Part 18 · Procedure for other applications in proceedings
    1. 18 Types of application for which Part 18 procedure may be followed
    2. 18 Service of application notice following court order where application made without notice
    3. 18 Application to set aside or vary order made without notice
    4. 18 Power of the court to proceed in the absence of a party
    5. 18 Dismissal of totally without merit applications
    6. 18 Applications for permission to start proceedings
    7. 18 Respondents to applications under this Part
    8. 18 Application notice to be filed
    9. 18 Notice of an application
    10. 18 Time when an application is made
    11. 18 What an application notice must include
    12. 18 Service of a copy of an application notice
    13. 18 Applications which may be dealt with without a hearing
20. Part 19 · Alternative procedure for applications
    1. 19 Types of application for which Part 19 procedure may be followed
    2. 19 Applications for which the Part 19 procedure must be followed
    3. 19 Contents of the application
    4. 19 Issue of application without naming respondents
    5. 19 Acknowledgment of service
    6. 19 Consequence of not filing an acknowledgment of service
    7. 19 Filing and serving written evidence
    8. 19 Evidence – general
    9. 19 Procedure where respondent objects to use of the Part 19 procedure
21. Part 20 · Interim remedies and security for costs
    1. Chapter 1 Interim remedies
    2. Chapter 2 Security for costs
22. Part 21 · Miscellaneous rules about disclosure and inspection of documents
    1. 21 Interpretation
    2. 21 Orders for disclosure against a person not a party
    3. 21 Claim to withhold inspection or disclosure of a document
23. Part 22 · Evidence
    1. Chapter 1 General rules
    2. Chapter 2 Rules applying only to particular proceedings
24. Part 23 · Miscellaneous rules about evidence
    1. 23 Scope and interpretation of this Part
    2. 23 Notice of intention to rely on hearsay evidence
    3. 23 Circumstances in which notice of intention to rely on hearsay evidence is not required
    4. 23 Power to call witness for cross-examination on hearsay evidence
    5. 23 Credibility
    6. 23 Use of plans, photographs and models etc as evidence
    7. 23 Evidence of finding on question of foreign law
    8. 23 Evidence of consent of trustee to act
    9. 23 Note of oral evidence ...
25. Part 24 · Witnesses and depositions generally
    1. Chapter 1 Witnesses and depositions
    2. Chapter 2 Taking of evidence – member states of the european union
26. Part 25 · Experts and assessors
    1. 25.1 Duty to restrict expert evidence
    2. 25.10 Written questions to experts
    3. 25.11 Court’s power to direct that evidence is to be given by a single joint expert
    4. 25.12 Instructions to a single joint expert
    5. 25.13 Power of court to direct a party to provide information
    6. 25.14 Contents of report
    7. 25.15 Use by one party of expert’s report disclosed by another
    8. 25.16 Discussions between experts
    9. 25.17 Expert’s right to ask court for directions
    10. 25.18 Copies of orders and other documents
    11. 25.19 Action after final hearing
    12. 25.2 Interpretation
    13. 25.20 Assessors
    14. 25.3 Experts-overriding duty to the court
    15. 25.4 Control of expert evidence in proceedings other than children proceedings
    16. 25.5 Further provisions about the court’s power to restrict expert evidence
    17. 25.5A Requirement for experts to be regulated in children proceedings
    18. 25.6 When to apply for the court’s permission
    19. 25.7 What an application notice requesting the court’s permission must include
    20. 25.8 Where permission is granted
    21. 25.9 General requirement for expert evidence to be given in a written report
27. Part 26 · Change of solicitor
    1. 26 Solicitor acting for a party
    2. 26 Change of solicitor – duty to give notice
    3. 26 Order that a solicitor has ceased to act
    4. 26 Removal of solicitor who has ceased to act on application of another party
28. Part 27 · Hearings and directions appointments
    1. 27 Application of this Part
    2. 27 Hearings in private
    3. 27 Attendance at private hearings
    4. 27 Reasons for a decision : proceedings before a lay justice or justices
    5. 27 Attendance at hearing or directions appointment
    6. 27 Proceedings in the absence of a party
    7. 27 Application to set aside judgment or order following failure to attend
    8. 27 Court bundles and place of filing of documents and bundles
    9. 27 Representation of companies or other corporations
    10. 27 Impounded documents
    11. 27 Recording, transcription and informal notes of proceedings
29. Part 28 · Costs
    1. 28 Costs
    2. 28 Application of other rules
    3. 28 Costs in financial remedy proceedings
    4. 28 Wasted costs orders in the magistrates' court: appeals
30. Part 29 · Miscellaneous
    1. 29 Personal details
    2. 29 Standard requirements
    3. 29 Drawing up and filing of judgments and orders
    4. 29 Access to and inspection of documents retained in court
    5. 29 Service of judgments and orders
    6. 29 Power to require judgment or order to be served on a party as well as the party's solicitor
    7. 29 When judgment or order takes effect
    8. 29 Correction of errors in judgments and orders
    9. 29 Disclosure of information under the 1991 Act
    10. 29 Method of giving notice
    11. 29 Withdrawal of applications in proceedings
    12. 29 The Human Rights Act 1998
    13. 29 Documents in proceedings concerning gender recognition
    14. 29 Stamping or sealing court documents
    15. 29 Applications for relief which is precluded by the 1991 Act
    16. 29 Modification of rule 29.8 where the application is not freestanding
    17. 29.17 Transfer of proceedings
    18. 29.18 Application for change of area
    19. 29.19 Allocation of proceedings to another level of judge
31. Part 30 · Appeals
    1. 30 Scope and interpretation
    2. 30 Striking outappeal notices and setting aside or imposing conditions on permission to appeal
    3. 30 Appeal court's powers
    4. 30 Hearing of appeals
    5. 30 Assignment of appeals to the Court of Appeal
    6. 30 Reopening of final appeals
    7. 30 Parties to comply with the practice direction
    8. 30 Permission
    9. 30 Appellant's notice
    10. 30 Respondent's notice
    11. 30 Grounds of appeal
    12. 30 Variation of time
    13. 30 Stay
    14. 30 Amendment of appeal notice
    15. 30.12A Appeal court’s power to order that hearing of appeal be held in public
32. Part 31 · Registration of orders under the council regulation, the civil partnership (jurisdiction and recognition of judgments) regulations 2005 , the marriage (same sex couples) (jurisdiction and recognition of judgments) regulations 2014 and under the hague convention 1996
    1. 31 Scope
    2. 31 Effect of refusal of application for a decision that a judgment should not be recognised
    3. 31 Notification of the court's decision on an application for registration or non-recognition
    4. 31 Effect of registration under rule 31.11
    5. 31 The central index of judgments registered under rule 31.11
    6. 31 Decision on recognition of a judgment only
    7. 31 Appeal against the court's decision under rules 31.10, 31.11 or 31.14
    8. 31 Stay of enforcement where appeal pending in state of origin
    9. 31 Enforcement of judgments registered under rule 31.11
    10. 31 Request for a certificate or a certified copy of a judgment
    11. 31 Certificates issued in England and Wales under Articles 41 and 42 of the Council Regulation
    12. 31 Interpretation
    13. 31 Rectification of certificate issued under Article 41 or 42 of the Council Regulation
    14. 31 Authentic instruments and agreements under Article 46 of the Council Regulation
    15. 31 Application for provisional, including protective measures.
    16. 31 Where to start proceedings
    17. 31 Application for registration, recognition or non-recognition of a judgment
    18. 31 Documents – supplementary
    19. 31 Directions
    20. 31 Recognition and enforcement under the Council Regulation of a judgment given in another Member State relating to rights of access or under Article 11(8) for the return of the child to that State
    21. 31 Registration for enforcement or order for non-recognition of a judgment
    22. 31 Stay of recognition proceedings by reason of an appeal
33. Part 32 · Registration and enforcement of orders
    1. Chapter 1 Scope and interpretation of this part
    2. Chapter 2 Registration etc. of orders under the 1950 act
    3. Chapter 3 Registration of maintenance orders under the 1958 act
    4. Chapter 4 Registration and enforcement of custody orders under the 1986 act
    5. Chapter 5 Ability of a court officer to take enforcement proceedings in relation to certain orders for periodical payments
34. Part 33 · Enforcement
    1. Chapter 1 General rules
    2. Chapter 2 Committal by way of judgment summons
    3. Chapter 3 Attachment of earnings
    4. Chapter 4 Warrant of control
    5. Chapter 5 Court's power to appoint a receiver
    6. Chapter 6 Orders to obtain information from judgment debtors
    7. Chapter 7 Third party debt orders
    8. Chapter 8 Charging order, stop order, stop notice
35. Part 34 · Reciprocal enforcement of maintenance orders
    1. Chapter 1 Enforcement of maintenance orders under the maintenance orders (facilities for enforcement) act 1920
    2. Chapter 2 Enforcement of maintenance orders under part 1 of the 1972 act
    3. Chapter 3 Enforcement of maintenance orders under the 2007 hague convention
    4. 34 Scope and interpretation of this Part
    5. 34 Meaning of prescribed officer in the family court
    6. 34 Registration of maintenance orders in the family court
36. Part 35 · Mediation directive
    1. 35 Scope and Interpretation
    2. 35 Relevant disputes: applications for consent orders in respect of financial remedies
    3. 35 Mediation evidence: disclosure and inspection
    4. 35 Mediation evidence: witnesses and depositions
37. Part 36 · Transitional arrangements and pilot schemes
    1. 36 Transitional provisions
    2. 36 Pilot schemes
    3. 36.2A Domestic Abuse Act 2021: provision during pilot commencement of Part 3
    4. 36.3 Temporary modifications for coronavirus or other emergency
38. Part 37 · Applications and proceedings in relation to contempt of court
    1. 37.1 Scope
    2. 37.10 Applications to discharge committal orders
    3. 37.2 Interpretation
    4. 37.3 How to make a contempt application
    5. 37.4 Requirements of a contempt application
    6. 37.5 Service of a contempt application
    7. 37.6 Cases where no application is made
    8. 37.7 Directions for hearing of contempt proceedings
    9. 37.8 Hearings and judgments in contempt proceedings
    10. 37.9 Powers of the court in contempt proceedings
39. Part 38 · Recognition and enforcement of protection measures
    1. Chapter 1 Scope and interpretation of this part
    2. Chapter 2 Certificates for outgoing protection measures
    3. Chapter 3 Incoming protection measures
40. Part 39 · Attachment of earnings
    1. Chapter I General
    2. Chapter 2 Securing payments under a maintenance order in the family court – attachment of earnings order
    3. Chapter 3 Securing payments under a maintenance order in the high court – attachment of earnings order
41. Part 40 · Charging order, stop order, stop notice
    1. Chapter 1 General
    2. Chapter 2 Charging orders
    3. Chapter 3 Stop orders
    4. Chapter 4 Stop notices
42. Part 41 · Proceeding by electronic means
    1. 41.1 Provision for proceeding by electronic means