The previous rules rested on a presumption that each case would proceed along a track to trial, and would in fact be tried, unless an intervening settlement happened to displace the litigation process. The new rules, by contrast, allow explicitly and in a variety of ways for the objective of settlement, particularly early settlement. They build settlement opportunities into the court process, thereby making the rules more than a series of procedural steps laying a direct path to trial. Applicants and Respondents - reply required The rules begin by requiring personal service of applications for custody, access, guardianship, maintenance, variation orders, and restraining orders on respondents, and by requiring respondents to file a reply, with a counterclaim if desired, within 30 days. A respondent who fails to reply is not entitled to receive notice of any subsequent part of the proceedings and risks having an order made in his or her absence.
Respondents are able to respond by way of pleadings prior to any court appearance.
This enables the parties and the court to know, in advance of the first appearance, which cases are contested and what matters are at issue in each case. If the respondent is content with the proposals of the applicant, the reply can so indicate, and the parties can request a desk order. In that case no appearances need be made by either party. When no reply is filed a judge can make the necessary orders for custody and guardianship in the absence of the respondent and may make a number of orders to ensure that maintenance is resolved fairly and quickly. The applicant can have the security of an interim or even a final order even if the respondent is avoiding the issue.