PART 9THE 1989 ACT

Enforcement of a residence order or a special guardianship order under the 1989 Act77

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 Act67.