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

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

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).