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The Family Proceedings Rules (Northern Ireland) 1996

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  1. Introductory Text

  2. PART I PRELIMINARY

    1. 1.1.Citation and commencement

    2. 1.2.Revocation and saving

    3. 1.3.Interpretation

    4. 1.4.Application of other rules

  3. PART II MATRIMONIAL CAUSES [ AND CIVIL PARTNERSHIP CAUSES] PETITION, PLEADINGS AND AMENDMENT

    1. 2.1.Application for leave to present a petition for nullity

    2. 2.2.Discontinuance before service of petition

    3. 2.3.Cause to be begun by petition

    4. 2.4.Contents of petition

    5. 2.5.Signing of petition

    6. 2.6.Presentation of petition

    7. 2.6A.[ Petition for nullity on ground of issue of interim gender recognition certificate

    8. 2.6B.Petition for nullity on ground that respondent’s gender had become acquired gender at time of marriage or civil partnership

    9. 2.7.Conciliation

    10. 2.8.Parties

    11. 2.9.Service of petition

    12. 2.10.Proof of service

    13. 2.10A.[Acknowledgement of service of petition for nullity brought on ground relating to gender recognition

    14. 2.11.Notice of intention to defend

    15. 2.12.Consent to the grant of a decree [or civil partnership order ]

    16. 2.13.Supplemental petition, pleadings and amendment of petition

    17. 2.14.Filing of answer to petition

    18. 2.14A.[Answer praying for decree or order of nullity on ground of issue of interim gender recognition certificate

    19. 2.14B.Answer praying for decree or order of nullity on ground that petitioner’s gender had become acquired gender at time of marriage or civil partnership

    20. 2.15.Filing of reply and subsequent pleadings

    21. 2.15A.[Reply to answer praying for decree or order of nullity on ground relating to gender recognition

    22. 2.16.Filing of pleadings after lodgment of certificate of readiness

    23. 2.17.Contents of answer and subsequent pleadings

    24. 2.18.Allegation against third person in pleading

    25. 2.19.Service of pleadings

    26. 2.20.Supplemental answer and amendment of pleadings

    27. 2.21.Service and amendment of pleadings

    28. 2.22.Particulars

    29. 2.23.Re-transfer of cause to [designated county court]

    30. PREPARATION FOR TRIAL

      1. 2.24.Discovery of documents

      2. 2.25.Discovery by interrogatories

      3. 2.26.Medical examination in proceedings for nullity [of marriage]

      4. 2.27.Conduct of medical examination

      5. 2.28.Entry for hearing and certificate of readiness

      6. 2.29.Stay under Schedule 1 to the Order of 1978

      7. 2.29AA.[Stay under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules (Northern Ireland) 2005

      8. 2.29A.[ Stay under the Council Regulation

    31. TRIAL ETC

      1. 2.30.Mode and place of trial

      2. 2.31.Setting down for trial

      3. 2.32.Order for transfer of cause

      4. 2.33.Trial of issue

      5. 2.34.Lists in the [designated county court]

      6. 2.35.Right to be heard on ancillary questions

      7. 2.36.Respondents statement as to arrangements for children

      8. 2.37.Procedure for complying with Article 44 of the Order of 1978 [or Section 186 of the Act of 2004]

      9. 2.38.Applications relating to children of the family

      10. 2.39.Restoration of matters adjourned, etc. at the hearing

    32. EVIDENCE

      1. 2.40.Evidence generally

      2. 2.41.Evidence by affidavit, etc

      3. 2.42.Evidence of marriage [ or overseas relationship] outside Northern Ireland

      4. 2.43.Rules 2.41 and 2.42 not to affect the power of the judge at the trial to refuse to admit any evidence

      5. 2.44.Issue of writ of subpoena or witness summons

      6. 2.45.Hearsay and expert evidence

    33. DECREES AND ORDERS

      1. 2.46.Decrees and orders

      2. 2.47.Application for rescission of decree [ or conditional order]

      3. 2.48.Application under Article 12(2) of the Order of 1978 [ or section 172(2) of the Act of 2004]

      4. 2.49.Intervention to show cause by the Crown Solicitor

      5. 2.50.Intervention to show cause by person other than Crown Solicitor

      6. 2.51.Rescission of decree nisi [ or conditional order] by consent

      7. 2.52.Decree absolute [ or final order] on lodging notice

      8. 2.53.Decree absolute [ or final order] on application

      9. 2.54.Indorsement and certificate of decree absolute

      10. 2.54A.[ lndorsement and certificate of final order

      11. 2.54B.Application under section 6 of the Gender Recognition Act 2004

    34. ANCILLARY RELIEF

      1. 2.55.Application by petitioner or respondent for ancillary relief

      2. 2.56.Application by parent, guardian etc. for ancillary relief in respect of children

      3. 2.57.Application in Form M13 or M14

      4. 2.58.Application for ancillary relief after order of court of summary jurisdiction

      5. 2.59.Children to be separately represented on certain applications

      6. 2.60.General provisions as to evidence, etc. on application for ancillary relief

      7. 2.61.Evidence on application for property adjustment or avoidance of disposition order

      8. 2.62.Evidence on application for variation order

      9. 2.63.Service of affidavit in answer or reply

      10. 2.64.Investigation by Master of application for ancillary relief

      11. 2.65.Order on application for ancillary relief

      12. 2.66.Reference of application to judge

      13. 2.67.Transfer of application for ancillary relief general provisions

      14. 2.68.Transfer for purpose of expedition

      15. 2.69.Arrangements for hearing of application etc. by judge

      16. 2.70.Request for periodical payments order at same rate as order for maintenance pending suit [or outcome of proceedings ]

      17. 2.71.Application for order under Article 39(2)(a) of the Order of 1978 [ or paragraph 67(2) of Schedule 15 to the Act of 2004]

      18. 2.72.Consent orders

      19. 2.73.[ Pensions

      20. 2.73A.[ Pension Protection Fund

      21. 2.73B.[Pension Protection Fund Compensation

  4. PART III OTHER FAMILY PROCEEDINGS

    1. 3.1.Application by spouse [or civil partner] for failure to maintain

    2. 3.2.Transfer to High Court of applications under rule 3.1

    3. 3.3.Hearing of applications under rule 3.1

    4. 3.4.Application for alteration of maintenance agreement during lifetime of parties

    5. 3.5.Application for alteration of maintenance agreement after death of one party

    6. 3.6.Further proceedings on an application under rule 3.5

    7. 3.7.Application of other rules to proceedings under Article 37 or 38 of the Order of 1978 [ or paragraph 62 or 66 of Schedule 15 to the Act of 2004]

    8. 3.8.Proceedings in respect of polygamous marriage

    9. 3.9.[ Transfer of certain tenancies on divorce etc., [ dissolution etc., of civil partnership] or on separation of cohabitees

    10. 3.10.Application for declaration as to marital status

    11. 3.10A.[ Application under section 181 of the Act of 2004 for declaration as to civil partnership status

    12. 3.11.Procedure to be followed in relation to application under [ rules 3.10 or 3.10A]

    13. 3.12.Application for leave to apply for financial relief after overseas divorce [ or overseas dissolution etc. of a civil partnership]

    14. 3.13.Application for an order for financial relief or an avoidance of transaction order under Part IV of the Order of 1989 [ or under Schedule 17 to the Act of 2004]

    15. 3.14.Application for an order under Article 28 of the Order of 1989 [ Or under paragraph 17 of Schedule 17 to the Act of 2004] preventing a transaction

    16. 3.15.[ Applications for an occupation order or a non-molestation order under the Order of 1998

    17. 3.16.Application for leave to commence proceedings under the Order of 1998

    18. 3.17.Ex parte applications under the Order of 1998

    19. 3.18.Notification of application for an occupation order under the Order of 1998

    20. 3.19.Hearing of applications under the Order of 1998

    21. 3.20.Notification of occupation order or non-molestation order

    22. 3.21.Variation, extension or discharge of orders made under the Order of 1998

    23. 3.22.Transfer of proceedings under the Order of 1998

    24. 3.23.Enforcement of orders made under the Order of 1998

    25. 3.24.[ Application under Article 31B of the Order of 1989 for a declaration of parentage

    26. 3.25.Application under Article 32 of the Order of 1989 for a declaration of legitimacy or legitimation

    27. 3.26.General provisions relating to applications under Article 31B or 32 of the 1989 Order

    28. 3.27.Affidavit in support of petition

    29. 3.28.Notice of petition to be given to the Attorney General

    30. 3.29.Service of petition

    31. 3.30.Appearance by respondent

    32. 3.31.Answer by respondent

    33. 3.32.Application for directions

    34. 3.33.Answer by the Attorney General

    35. 3.34.Joining of parties

    36. 3.35.Setting down for hearing

    37. 3.36.Form of declaration

    38. 3.37.Notice to Registrar General

    39. 3.38.Transfer of proceedings under the Allocation Order of 2002

    40. 3.39.[ Reference under section 8(5) of the Gender Recognition Act 2004

    41. 3.40.[ Proceedings under the 2007 Act: Interpretation

    42. 3.41.Applications for forced marriage protection orders

    43. 3.42.Leave stage for applications for a forced marriage protection order

    44. 3.43.Service of an application for a forced marriage protection order

    45. 3.44.Parties to proceedings for a forced marriage protection order

    46. 3.45.Hearing of applications for forced marriage protection orders

    47. 3.46.Forced marriage protection orders made by the court of its own motion

    48. 3.47.[ Application under Article 32L of the Order of 1991: Interpretation

    49. 3.48.Application under Article 32L of the Order of 1991

    50. 3.49.Parties to proceedings under Article 32L of the Order of 1991

    51. 3.50.Service of an application under Article 32L of the Order of 1991

    52. 3.51.Application under Article 32L(1) of the Order of 1991 without notice

    53. 3.52.Hearing of applications under Article 32L of the 1991 Order

  5. PART IV CHILDREN (NORTHERN IRELAND) ORDER 1995

    1. 4.1.Interpretation and application

    2. 4.2.Proceedings in chambers

    3. 4.3.Matters prescribed for the purposes of the Order of 1995

    4. 4.4.Application for leave to commence proceedings

    5. 4.5.Application

    6. 4.6.Withdrawal of application

    7. 4.7.Transfer of proceedings

    8. 4.8.Parties

    9. 4.9.Service under this Part of the Rules

    10. 4.10.Answer to application

    11. 4.11.Appointment of guardian ad litem

    12. 4.12.Powers and duties of guardian ad litem

    13. 4.13.Solicitor for child

    14. 4.14.Welfare officer

    15. 4.15.Directions

    16. 4.16.Timing of proceedings

    17. 4.17.Attendance at a directions appointment and hearing

    18. 4.18.Documentary evidence

    19. 4.19.Expert evidence — examination of child

    20. 4.20.Amendment

    21. 4.21.Hearing

    22. 4.22.Attachment of penal notice to Article 8 order

    23. 4.23.Appeals

    24. 4.24.Confidentiality of documents

    25. 4.25.[ Notification of consent

    26. 4.25A.Exclusion requirements: interim care orders and emergency protection orders

    27. 4.26.Secure accommodation

    28. 4.27.Investigation under Article 56

    29. [ APPLICATIONS RELATING TO THE COUNCIL REGULATION AND THE 1996 HAGUE CONVENTION

      1. 4.28.Interpretation

      2. 4.29.Transfer of proceedings under Article 15 of the Council Regulation or under Article 8 of the 1996 Hague Convention

      3. 4.30.Application by a party for transfer of the proceedings

      4. 4.31.Application by a court of another Member State or another Contracting State for transfer of the proceedings

      5. 4.32.Exercise by the court of its own motion of powers to seek to transfer the proceedings

      6. 4.33.Application to High Court to make request under Article 15 of the Council Regulation or Article 9 of the 1996 Hague Convention to request transfer of jurisdiction

      7. 4.34.Procedure where the court receives a request from the authorities of another Member State or Contracting State to assume jurisdiction in a matter concerning a child

      8. 4.35.Service of the court’s order or request relating to transfer of jurisdiction under the Council Regulation or the 1996 Hague Convention

      9. 4.36.Questions as to the court’s jurisdiction or whether the proceedings should be stayed

      10. 4.37.Request for consultation as to contemplated placement of child in Northern Ireland

      11. 4.38.Request made by court in Northern Ireland for consultation as to contemplated placement of child in another Member State or Contracting State

      12. 4.39.Application for a declaration as to the extent, or existence, of parental responsibility in relation to a child under Article 16 of the 1996 Hague Convention

  6. [ PART IVA FREEING FOR ADOPTION AND ADOPTION ORDERS

    1. INTRODUCTORY

      1. 4A.1.Interpretation

      2. 4A.2.Proceedings

    2. FREEING FOR ADOPTION

      1. 4A.3.Commencement of proceedings under Article 17

      2. 4A.4.Commencement of proceedings under Article 18

      3. 4A.5.Appointment of guardian ad litem

      4. 4A.6.Duties of the guardian ad litem

      5. 4A.7.Agreement

      6. 4A.8.Notice of hearing

      7. 4A.9.Objections

      8. 4A.10.The hearing

      9. 4A.11.Proof of identity of child, etc.

      10. 4A.12.Application for revocation of order freeing a child for adoption

      11. 4A.13.Substitution of one adoption agency for another

    3. ADOPTION ORDERS

      1. 4A.14.Application for a serial number

      2. 4A.15.Commencement of proceedings

      3. 4A.16.Statement of facts in dispensation cases

      4. 4A.17.Appointment of guardian ad litem

      5. 4A.18.Duties of guardian ad litem

      6. 4A.19.Agreement

      7. 4A.20.Notice of hearing

      8. 4A.21.Objections

      9. 4A.22.Reports by adoption agency or Board

      10. 4A.23.The hearing

      11. 4A.24.Proof of identity of child, etc

      12. 4A.25.Further proceedings after interim order

  7. PART IVB CONVENTION PROCEEDINGS

    1. 4B.1.Introductory

    2. 4B.2.Application

    3. 4B.3.Statement at hearing

    4. 4B.4.Form of consent

    5. 4B.5.Notice of hearing

    6. 4B.6.Application to annul a Convention adoption or Convention adoption order

    7. 4B.7.Application for directions where a full adoption has not been made

    8. 4B.8.Application to declare overseas adoption invalid or determination invalid or affected

    9. 4B.9.Evidence in support of application

    10. 4B.10.Notice of order made under Article 55A

    11. 4B.11.Application for removal, return etc. of the child in Convention proceedings

    12. 4B.12.Specific applications

    13. 4B.13.Witnessing of documents

    14. 4B.14.Service of documents

    15. 4B.15.Translation of documents

  8. PART IVC MISCELLANEOUS PROCEEDINGS UNDER THE ORDER OF 1987

    1. 4C.1.Application for leave of the court etc

    2. 4C.2.Proposed foreign adoption proceedings

    3. 4C.3.Amendment and revocation of orders

    4. 4C.4.Service of documents

    5. 4C.5.Costs

    6. 4C.6.Notice and copies of orders etc

    7. 4C.7.Custody, inspection and disclosure of documents and information

    8. 4C.8.Transfer to county court

    9. 4C.9.[ County courts prescribed as an authorised court

  9. PART V APPEALS

    1. 5.1.Appeal from a [ designated county court] to the Court of Appeal

    2. 5.2.Appeal from the district judge

    3. 5.3.[ Appeals from orders made under the Order of 1998

    4. 5.4.[ Appeal under section 8(1) of the Gender Recognition Act 2004

  10. PART VI DISABILITY

    1. 6.1.Interpretation

    2. 6.2.Person under disability must sue by next friend etc

    3. 6.3.Certain minors may sue without next friend etc

    4. 6.4.Service on person under disability

    5. 6.5.Petition for nullity on ground of insanity, etc

    6. 6.6.Separate representation of children

  11. PART VII PROCEDURE

    1. 7.1.Application

    2. 7.2.Security for costs in a matrimonial cause

    3. 7.3.Service out of Northern Ireland

    4. 7.4.Service of documents

    5. 7.5.Mode of making applications

    6. 7.6.No notice of intention to proceed after year’s delay

    7. 7.7.Filing of documents at place of hearing, etc

    8. 7.8.Mode of giving notice

    9. 7.8A.[ Evidence

    10. 7.9.Copies of Decrees [, civil partnership orders and other orders]

    11. 7.10.Service of order

    12. 7.11.Record of proceedings at trial

    13. 7.12.Inspection of documents retained in court

    14. 7.13.Disclosure of information under the Order of 1991

    15. 7.13A.[ Documents in family proceedings concerning gender recognition

    16. 7.14.Applications for relief which are precluded by the Order of 1991

    17. 7.15.Additional requirement where application for child maintenance is combined with application for other relief

    18. 7.16.Disclosure of address

    19. 7.17.Practice to be observed in the Matrimonial Office and [ designated county courts]

  12. PART VIII ENFORCEMENT OF ORDERS

    1. 8.1.Application

    2. GARNISHEE PROCEEDINGS

      1. 8.2.Attachment of debt due to judgment debtor

      2. 8.3.Application for order

      3. 8.4.Service and effect of order to show cause

      4. 8.5.No appearance or dispute of liability by garnishee

      5. 8.6.Dispute of liability by garnishee

      6. 8.7.Claims of third persons

      7. 8.8.Discharge of garnishee

      8. 8.9.Money in court

      9. 8.10.Costs

    3. CHARGING ORDERS, STOP ORDERS ETC

      1. 8.11.Order imposing charge on securities

      2. 8.12.Application for order under rule 8.13

      3. 8.13.Service of notice of order to show cause

      4. 8.14.Effect of order to show cause

      5. 8.15.Making and effect of charging order absolute

      6. 8.16.Discharge, etc. of charging order

      7. 8.17.Money in court: charging order

      8. 8.18.Jurisdiction of Master to grant injunction or appoint receiver to enforce charge

      9. 8.19.Funds in court: stop order

      10. 8.20.Securities not in court: stop notice

      11. 8.21.Effect of stop notice

      12. 8.22.Amendment of stop notice

      13. 8.23.Withdrawal, etc. of stop notice

    4. RECEIVERS: EQUITABLE EXECUTION

      1. 8.24.Appointment of receiver by way of equitable execution

      2. 8.25.Master may appoint receiver, etc

      3. 8.26.Application of rules as to appointment of receiver, etc

      4. 8.27.Attachment of earnings

    5. EXAMINATION IN AID OF ENFORCEMENT

      1. 8.28.Examination as to debts owing to judgment debtor, etc

    6. JUDGMENT SUMMONSES

      1. 8.29.Application for issue of judgment summons

      2. 8.30.Further provisions as to judgment summonses

      3. 8.31.Special provisions as to judgment summonses in [ designated county courts]

      4. 8.32.Removal of [ designated county court order] into High Court

    7. [ REGISTRATION AND ENFORCEMENT UNDER THE COUNCIL REGULATION AND THE 1996 HAGUE CONVENTION

      1. 8.33.Application

      2. 8.34.Interpretation

      3. 8.35.Filing of applications

      4. 8.36.Application for registration, recognition or non-recognition of a judgment

      5. 8.37.Application for registration or recognition of a judgment under the Council Regulation

      6. 8.38.Application for non-recognition of a judgment under the Council Regulation

      7. 8.39.Application for registration of a judgment under the 1996 Hague Convention

      8. 8.40.Application for non-recognition of a judgment under the 1996 Hague Convention

      9. 8.41.Application for recognition only of a judgment under the 1996 Hague Convention

      10. 8.42.Application for recognition of a judgment under the Jurisdiction and Recognition of Judgments Regulations

      11. 8.43.Application for non-recognition of a judgment under the Jurisdiction and Recognition of Judgments Regulations

      12. 8.44.Documents - supplementary

      13. 8.45.Directions

      14. 8.46.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

      15. 8.47.Registration for enforcement or order for non-recognition of a judgment

      16. 8.48.Stay of recognition proceedings by reason of an appeal

      17. 8.49.Effect of refusal of application for a decision that a judgment should not be recognised

      18. 8.50.Notification of the court’s decision on an application for registration or non-recognition

      19. 8.51.Effect of registration under rule 8.50

      20. 8.52.Decision on recognition of a judgment only

      21. 8.53.Appeal against the court’s decision under rules 8.49, 8.50 or 8.52

      22. 8.54.Stay of enforcement where appeal pending in state of origin

      23. 8.55.Enforcement of judgments registered under rule 8.51

      24. 8.56.Request for a certificate or a certified copy of a judgment

      25. 8.57.Applications for certified copy of judgment and certificate under Article 41 or 42 of the Council Regulation

      26. 8.58.Applications for certified copy of judgment and certificate under Article 39 of the Council Regulation

      27. 8.59.Applications for certified copy of judgment under the 1996 Hague Convention

      28. 8.60.Certificates issued in Northern Ireland under Articles 41 and 42 of the Council Regulation

      29. 8.61.Rectification of certificate issued under Articles 41 or 42 of the Council Regulation

      30. 8.62.Authentic instruments and agreements under Article 46 of the Council Regulation

      31. 8.63.Application for provisional, including protective measures

    8. [ MEDIATION DIRECTIVE

      1. 8.64.Application and interpretation

      2. 8.65.Relevant disputes: applications for consent orders in respect of financial remedies

      3. 8.66.Relevant disputes: financial remedies expressed in a foreign currency

      4. 8.67.Mediation evidence: disclosure or inspection

      5. 8.68.Mediation evidence: witnesses

  13. Signature

    1. APPENDIX 1

    2. APPENDIX 2

      CONTENTS OF PETITION

      1. 1.Every petition shall state:— (a) the names of the parties...

      2. [2.(1) In a matrimonial cause, a petition for a decree...

      3. [3.A petition for— (a) a decree of presumption of death...

      4. 4.Every petition shall conclude with— (a) a prayer setting out...

    3. APPENDIX 3

      NOTICES AND RESPONDENTS

    4. [ APPENDIX 4

      1. PART I MATTERS TO BE COVERED IN REPORTS SUPPLIED UNDER RULES 4A.3(4), 4A.4(7), 4A.22(1) OR 4A.22(2)

        1. 1.The Child

        2. 2.Each Natural parent

        3. 3.Guardian(s)

        4. 4.Prospective Adopter(s)

        5. 5.Actions of the adoption agency or Board supplying the report

        6. 6.Generally

        7. 7.Further information to be provided in proceedings relating to a...

        8. 8.Conclusions

      2. PART II REPORTS ON THE HEALTH OF THE CHILD AND OF THE PROSPECTIVE ADOPTER(S)

        1. Rule 4A.15(5)(b)

          1. 1.The Child

          2. 2.The Applicant

      3. PART III MODIFICATION TO FORM A9 FOR THE PURPOSES OF CONVENTION PROCEEDINGS

      4. PART IV ADDITIONAL INFORMATION REQUIRED FOR A CONVENTION ADOPTION APPLICATION

  15. Explanatory Note

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