The Family Procedure Rules 2010

PART 8E+WPROCEDURE FOR MISCELLANEOUS APPLICATIONS

CHAPTER 1E+WPROCEDURE

ProcedureE+W

8.1.  Subject to rules 8.13 and8.24, applications to which this Part applies must be made in accordance with the Part 19 procedure.

CHAPTER 2E+WAPPLICATION FOR CORRECTED GENDER RECOGNITION CERTIFICATE

Scope of this ChapterE+W

8.2.  The rules in this Chapter apply to an application under section 6(1) of the Gender Recognition Act 2004 for the correction of a full gender recognition certificate issued under section 5(1) or 5A(1) of that Act M1.

Where to start proceedingsE+W

8.3.  The application must be made to the court which issued the original certificate unless the court directs otherwise.

Who the parties areE+W

8.4.  Where the applicant is—

(a)the person to whom the original certificate was issued, the Secretary of State must be a respondent;

(b)the Secretary of State, the person to whom the original certificate was issued must be a respondent.

Delivery of copy certificate to Secretary of StateE+W

8.5.  Where the court issues a corrected full gender recognition certificate, a court officer must send a copy of the corrected certificate to the Secretary of State.

CHAPTER 3E+WAPPLICATION FOR ALTERATION OF MAINTENANCE AGREEMENT AFTER DEATH OF ONE PARTY

Scope of this ChapterE+W

8.6.  The rules in this Chapter apply to an application under section 36 of the 1973 Act M2 or paragraph 73 of Schedule 5 to the 2004 Act to alter a maintenance agreement after the death of one of the parties.

Where to start proceedingsE+W

F18.7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Who the parties areE+W

8.8.—(1) Where the applicant is—

(a)the surviving party to the agreement, the personal representative of the deceased must be a respondent;

(b)the personal representative of the deceased, the surviving party to the agreement must be a respondent.

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

(a)any person be made a party to proceedings; or

(b)a party be removed.

Representative partiesE+W

8.9.—(1) The court may, before or after the application has been filed at court, make an order appointing a person to represent any other person or persons in the application where the person or persons to be represented—

(a)are unborn;

(b)cannot be found;

(c)cannot easily be ascertained; or

(d)are a class of persons who have the same interest in an application and—

(i)one or more members of that class are within sub-paragraphs(a), (b) or (c); or

(ii)to appoint a representative would further the overriding objective.

(2) An application for an order under paragraph (1) may be made by—

(a)any person who seeks to be appointed under the order; or

(b)any party to the application.

(3) An application for an order under paragraph (1) must be served on—

(a)all parties to the application to alter the maintenance agreement, if that application has been filed at court;

(b)the person sought to be appointed, if that person is not the applicant or a party to the application; and

(c)any other person as directed by the court.

(4) The court's approval is required to settle proceedings in which a party is acting as a representative.

(5) The court may approve a settlement where it is satisfied that the settlement is for the benefit of all the represented persons.

(6) Unless the court directs otherwise, any order made on an application in which a party is acting as a representative—

(a)is binding on all persons represented in the proceedings; and

(b)may only be enforced by or against a person who is not a party with the permission of the court.

(7) An application may be brought by or against trustees, executors or administrators without adding as parties any persons who have a beneficial interest in the trust or estate and any order made on the application is binding on the beneficiaries unless the court orders otherwise.

Acknowledgment of serviceE+W

8.10.—(1) A respondent who is a personal representative of the deceased must file with the acknowledgment of service a statement setting out—

(a)full particulars of the value of the deceased's estate for probate after providing for the discharge of the funeral, testamentary and administration expenses, debts and liabilities (including inheritance tax and interest); and

(b)the people (including names, addresses and details of any persons under disability) or classes of people beneficially interested in the estate and the value of their interests so far as ascertained.

(2) The respondent must file the acknowledgment of service and any statement required under this rule within 28 days beginning with the date on which the application is served.

Hearings may be in privateE+W

8.11.  The court may decide to hear any application to which this Chapter applies in private.

CHAPTER 4E+WAPPLICATION FOR QUESTION AS TO PROPERTY TO BE DECIDED IN SUMMARY WAY

Scope of this ChapterE+W

8.12.  The rules in this Chapter apply to an application under section 17 of the Married Women's Property Act 1882 M3 or section 66 of the 2004 Act.

ProcedureE+W

8.13.  Where an application for an order under section 17 of the Married Women's Property Act 1882 M4 or section 66 of the 2004 Act is made in any proceedings for a financial order, the application must be made in accordance with the Part 18 procedure.

[F2Where to start proceedingsE+W

8.14.  Where any matrimonial proceedings or civil partnership proceedings have been started, or are intended to be started, by the applicant or the respondent, the application must be made in the same court as those matrimonial proceedings or civil partnership proceedings.

(Practice Direction 8A makes provision in respect of the particular location where the application should be made.)]

Mortgagees as partiesE+W

8.15.—(1) Where particulars of a mortgage are provided with the application—

(a)the applicant must serve a copy of the application on the mortgagee; and

(b)the mortgagee may, within 14 days beginning with the date on which the application was received, file an acknowledgment of service and be heard on the application.

(2) The court must direct that a mortgagee be made a party to the proceedings where the mortgagee requests to be one.

InjunctionsE+W

8.16.—(1) The court may grant an injunction^(GL) only if the injunction^(GL) is ancillary or incidental to the assistance sought by the applicant.

(2) Applications for injunctive relief must be made in accordance with the procedure in rule 20.4 (how to apply for an interim remedy) and the provisions of rule 20.5 (interim injunction^(GL) to cease if application is stayed^(GL)) apply.

Application of other rulesE+W

8.17.  Rule 9.24 applies where the court has made an order for sale under section 17 of the Married Women's Property Act 1882 or section 66 of the 2004 Act.

CHAPTER 5E+WDECLARATIONS

Scope of this ChapterE+W

8.18.  The rules in this Chapter apply to applications made in accordance with—

(a)section 55 of the 1986 Act (declarations as to marital status) and section 58 of the 2004 Act (declarations as to civil partnership status);

(b)section 55A of the 1986 Act M5 (declarations of parentage);

(c)section 56(1)(b) and (2) of the 1986 Act M6 (declarations of legitimacy or legitimation); and

(d)section 57 of the 1986 Act M7 (declarations as to adoptions effected overseas).

Where to start proceedingsE+W

F38.19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Who the parties areE+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.

[F7(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).

The role of the Attorney GeneralE+W

8.21.—(1) The applicant must, except in the case of an application for a declaration of parentage, send a copy of the application and all accompanying documents to the Attorney General at least one month before making the application.

(2) The Attorney General may, when deciding whether to intervene in the proceedings, inspect any document filed at court relating to any family proceedings mentioned in the declaration proceedings.

(3) If the court is notified that the Attorney General wishes to intervene in the proceedings, a court officer must send the Attorney General a copy of any subsequent documents filed at court.

(4) The court must, when giving directions under rule8.20(4), consider whether to ask the Attorney General to argue any question relating to the proceedings.

(5) If the court makes a request to the Attorney General under paragraph (4) and the Attorney General agrees to that request, the Attorney General must serve a summary of the argument on all parties to the proceedings.

Declarations of parentageE+W

8.22.—(1) If the applicant or the person whose parentage or parenthood is in issue, is known by a name other than that which appears in that person's birth certificate, that other name must also be stated in any order and declaration of parentage.

(2) A court officer must send a copy of a declaration of parentage and the application to the Registrar General within 21 days beginning with the date on which the declaration was made.

CHAPTER 6E+WAPPLICATION FOR PERMISSION TO APPLY FOR A FINANCIAL REMEDY AFTER OVERSEAS PROCEEDINGS

Scope of this ChapterE+W

8.23.  Subject to rule9.26(6), the rules in this Chapter apply to an application for permission to apply for a financial remedy under section 13 of the 1984 Act and paragraph 4 of Schedule 7 to the 2004 Act.

(Rule 9.26(6) enables the application for permission to apply for a financial remedy under section 13 of the 1984 Act or paragraph 4 of Schedule 7 to the 2004 Act to be heard at the same time as the application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act where that application is an application for a consent order.)

[F8(The Family Court (Composition and Distribution of Business) Rules 2014 make provision in relation to the allocation of the proceedings to which this Chapter applies to a specified level of judge in the family court.)]

[F9How to start proceedingsE+W

8.24.  The application must be made in accordance with the Part 18 procedure.]

[F10Application without noticeE+W

8.25.—(1) The application must be made without notice to the respondent.

(2) Subject to paragraph (3), the court must determine the application without notice.

(3) The court may direct that the application be determined on notice to the respondent if the court considers that to be appropriate.]

Notification of hearing dateE+W

8.26.  The court officer must—

(a)fix a date, time and place for the hearing of the application F11...; and

(b)give notice of the date of the hearing to the applicant.

Hearings to be in private unless the court directs otherwiseE+W

8.27.  An application under this Chapter must be heard in private unless the court directs otherwise.

Direction that application be dealt with by a district judge of the principal registryE+W

F128.28.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 7E+WAPPLICATION FOR THE TRANSFER OF A TENANCY UNDER SECTION 53 OF, AND SCHEDULE 7 TO, THE 1996 ACT

Scope of this ChapterE+W

8.29.  This Chapter applies to an application for the transfer of a tenancy under section 53 of, and Schedule 7 to, the 1996 Act.

[F13Where to start proceedingsE+W

8.30.  Where any matrimonial proceedings or civil partnership proceedings have been started by the applicant or the respondent, the application must be made in the same court as those matrimonial proceedings or civil partnership proceedings.

(Practice Direction 8A makes provision in respect of the particular location where the application should be made.)]

Service of the applicationE+W

8.31.—(1) The court will serve a copy of the application on—

(a)the respondent; and

(b)the landlord (as defined by paragraph 1 of Schedule 7 to the 1996 Act M8),

unless the court directs that the applicant must do so.

(2) Where service is effected by the applicant, the applicant must file a certificate of service.

Who the parties areE+W

8.32.  The court will direct that a landlord be made a party to the proceedings where the landlord requests to be one.

Orders for disclosureE+W

8.33.  Any party may apply to the court under rule 21.2 for an order that any person must attend an appointment before the court and produce any documents that are specified or described in the order.

InjunctionsE+W

8.34.—(1) The court may grant an injunction^(GL) only if the injunction^(GL) is ancillary or incidental to the assistance sought by the applicant.

(2) Applications for injunctive relief must be made in accordance with the procedure in rule 20.4 (how to apply for an interim remedy) and the provisions of rule 20.5 (interim injunction^(GL) to cease if application is stayed^(GL)) apply accordingly.

CHAPTER 8E+WAPPLICATIONS FOR ORDERS PREVENTING AVOIDANCE UNDER SECTION 32L OF THE CHILD SUPPORT ACT 1991

Scope of this ChapterE+W

8.35.  Subject to rule 8.40, the rules in this Chapter apply to applications made under section 32L (1) and (2) of the 1991 Act M9.

InterpretationE+W

8.36.  In this Chapter—

“child support maintenance” has the meaning assigned to it in section 3(6) of the 1991 Act M10;

“reviewable disposition” has the meaning assigned to it in section 32L(5) of the 1991 Act.

Where to start proceedingsE+W

F148.37.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Who the parties areE+W

8.38.—(1) The applicant to the proceedings is the [F15Secretary of State] and the respondent is the person who has failed to pay child support maintenance.

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

(a)any person be made a party to proceedings; or

(b)a party be removed from the proceedings.

Service of the applicationE+W

8.39.—(1) The applicant must serve the application and a copy of the applicant's written evidence on—

(a)any respondent;

(b)the person in whose favour the reviewable disposition is alleged to have been made; and

(c)such other persons as the court directs.

(2) Where an application includes an application relating to land, the applicant must serve a copy of the application on any —

(a)mortgagee;

(b)trustee of a trust of land or settlement; and

(c)other person who has an interest in the land,

of whom particulars are given in the application.

(3) Any person served under paragraph (2) may make a request to the court in writing, within 14 days beginning with the date of service of the application, for a copy of the applicant's written evidence.

(4) Any person who —

(a)is served with copies of the application and the applicant's written evidence under paragraph (1); or

(b)receives a copy of the applicant's written evidence following a request under paragraph (3),

may, within 14 days beginning with the date of service or receipt, file a statement in answer.

(5) A statement in answer filed under paragraph (4) must be verified by a statement of truth.

Applications without noticeE+W

8.40.—(1) This rule applies to an application under section 32L(1) of the 1991 Act.

(2) The court may grant an application made without notice if it appears to the court that there are good reasons for not giving notice.

(3) If the applicant makes an application without giving notice, the evidence in support of the application must state the reasons why notice has not been given.

(4) If the court grants an application under paragraph (2)—

(a)the order must include a provision allowing any respondent to apply to the court for an order to be reconsidered as soon as just and convenient at a full hearing; and

(b)the applicant must, as soon as reasonably practicable, serve upon each respondent a copy of the order and a copy of the written evidence in support of the application.

F16CHAPTER 9E+WAPPLICATION FOR CONSENT TO MARRIAGE OF A CHILD OR TO REGISTRATION OF CIVIL PARTNERSHIP OF A CHILD

Scope of this ChapterE+W

F168.41.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child acting without a children's guardianE+W

F168.42.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Who the respondents areE+W

F168.43.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .