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The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

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Enforcement of a residence order or a special guardianship order under the 1989 Act

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77.—(1) Where a person in whose favour a residence order or a special guardianship order is in force wishes to enforce that order, that person must file with the court a written statement describing the alleged breach of the order.

(2) When a statement referred to in paragraph (1) is received by the court—

(a)the justices’ clerk must fix a date, time and place for a hearing of the proceedings;

(b)the designated officer must give notice of the hearing as soon as practicable to—

(i)the person wishing to enforce the order; and

(ii)any person who is alleged to be in breach of the order.

(3) In this rule—

“residence order” has the meaning given in section 8(1) of the 1989 Act; and

“special guardianship order” has the meaning assigned to it by section 14A(1) of the 1989 Act(1).

(1)

Section 14A was inserted by section 115(1) of the Adoption and Children Act 2002 (c.38) and amended by section 38 of the Children and Young Persons Act 2008 (c.23).

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