FAMILY PROCEEDINGS PART I PRELIMINARY Citation and commencement 1.1 These Rules may be cited as the Family Proceedings Rules (Northern Ireland) 1996 and shall come into operation on 4th November 1996. Revocation and saving 1.2 1 Subject to paragraph (2) the rules specified in paragraph (3) are hereby revoked. 2 Nothing in these rules shall affect any proceedings which are pending (within the meaning of paragraph 1 of Schedule 8 to the Order of 1995) immediately before these rules come into operation and the rules in operation immediately before that day shall continue to apply to those proceedings. 3 The rules referred to in paragraph (1) are— the Matrimonial Causes Rules (Northern Ireland) 1981 ; the Matrimonial Causes (Amendment) Rules (Northern Ireland) 1989 and the Matrimonial Causes (Amendment) Rules (Northern Ireland) 1993 . Interpretation 1.3 1 In these Rules, unless the context otherwise requires— “ the Order of 1978 ” means the Matrimonial Causes (Northern Ireland) Order 1978 ; “ the Order of 1989 ” means the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 ; “ the Order of 1991 ” means the Child Support (Northern Ireland) Order 1991 ; “ the Order of 1995 ” means the Children (Northern Ireland) Order 1995 ; [ “ the Order of 1998 ” means the Family Homes and Domestic Violence (Northern Ireland) Order 1998 ; and “ the Allocation Order of 1999 ” means the Family Homes and Domestic Violence (Allocation of Proceedings) Order (Northern Ireland) 1999 ;] [ “ the Allocation Order of 2002 ” means the Declarations of Parentage (Allocation of Proceedings) Order (Northern Ireland) 2002 ;] [ “ the Order of 1999 ” means the Welfare Reform and Pensions (Northern Ireland) Order 1999 ;] [ “ the Act of 2004 ” means the Civil Partnership Act 2004 ] [ “ the Act of 2007 ” means the Forced Marriage (Civil Protection) Act 2007;] “ ancillary relief ” means— an avoidance of disposition order, a financial provision order, an order for maintenance pending suit, [ an order for maintenance pending outcome of proceedings,] a property adjustment order, [ ...] a variation order [ , ...] a sharing order; [ or a pension compensation sharing order] [“ avoidance of disposition order ” means— in matrimonial proceedings, an order under Article 39(2)(b) or (c) of the Order of 1978, and in civil partnership proceedings, an order under paragraph 67(3) or (4) of Schedule 15 to the Act of 2004; ] “ Board ” means [ subject to Part IVB] a Health and Social Services Board; “ business day ” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday which is, or is to be observed as, a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971 ; [“ cause ” means— a matrimonial cause under the Order of 1978, or a civil partnership cause under the Act of 2004; ] “ certificate of readiness ” means a certificate under rule 2.28; ... [“child”, except in Part IV or Part IVB, in relation to one or both of the parties to a marriage or civil partnership, includes an illegitimate child of that party or, as the case may be, of both parties; “child of the family” has, except in Part IV or Part IVB, the meaning assigned to it by Article 2(2) of the Order of 1995; ] [“ civil partnership cause ” has the meaning assigned to it by section 190(3) of the Act of 2004; “ civil partnership order ” means one of the orders mentioned in section 161 of the Act of 2004; “ civil partnership proceedings ” means any proceedings under the Act of 2004; ... [“ consent order ” means— in matrimonial proceedings, an order under Article 35A of the Order of 1978, and in civil partnership proceedings, an order under paragraph 59 of Schedule 15 to the Act of 2004; ] [ ...] ... “ county court office ” means the office of the chief clerk ...; “ court ” means the judge or the Master; “ defended cause ” means a cause not being an undefended cause; “ Department ” means the Department of Health and Social Services; ... ... “ document exchange ” means any document exchange for the time being approved by the Lord Chancellor; “ family proceedings ” means any proceedings with respect to which rules may be made under Article 12 of the Family Law (Northern Ireland) Order 1993; [“ financial provision order ” means— in matrimonial proceedings, any of the orders mentioned in Article 23(1) of the Order of 1978 except an order under Article 29(6) of that Order, and in civil partnership proceedings, any of the orders mentioned in paragraph 2(1) of Schedule 15 to the Act of 2004, made under Part I of Schedule 15 to that Act; ] [“financial relief” has— in matrimonial proceedings, the meaning assigned to it by Article 39 of the Order of 1978, and in civil partnership proceedings, the meaning assigned to it by paragraph 67 of Schedule 15 to the Act of 2004; ] [ “ the 1996 Hague Convention ” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996;] “ judge ” means— in relation to proceedings in the High Court, a judge of the High Court; and in relation to proceedings in a county court, a county court judge; [“ Master ” means— in relation to proceedings in the High Court, the Master (High Court) or the Master (Care and Protection) as the case may be; and in relation to proceedings in a county court, a district judge; ] [“ Matrimonial cause ” has the meaning assigned to it by Article 48(11) of the Order of 1978; ] “ Matrimonial Office ” means the Probate and Matrimonial Office of the Supreme Court of Judicature of Northern Ireland; “ matrimonial proceedings ” means subject to rule 2.4 any proceedings under the Order of 1978; ... “ notice of intention to defend ” has the meaning assigned to it by rule 2.11; “ Office of Care and Protection ” means the Office of Care and Protection of the Supreme Court of Judicature of Northern Ireland; [“ order for maintenance pending outcome of proceedings ” means an order under paragraph 33 of Schedule 15 to the Act of 2004; ] “person named” includes a person described as “passing under the name of A.B.”; [“ the President of Gender Recognition Panels ” means the office in paragraph 2(1) of Schedule 1 to the Gender Recognition Act 2004; ] “ proper officer ” means the proper officer of the High Court; [“ property adjustment order ” means— in matrimonial proceedings, any of the orders mentioned in Article 26(1) of the Order of 1978, and in civil partnership proceedings, any of the orders mentioned in paragraph 7(1) of Schedule 15 to the Act of 2004; ] “ sealed copy ” means a copy examined against the original, marked as examined by the examining officer and sealed with the appropriate seal; “ taxing master ” means— in relation to in the High Court, the Master (Taxing Office); and in relation to proceedings in a county court, a district judge; “ Trust ” means a Health and Social Services Trust by whom a function is exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994 ; “ undefended cause ” means— in the case of an application under Article 16 of the Order of 1978, a cause in which the respondent has not given notice of intention to defend within the time limited, or in any other case— a cause in which no answer has been filed or any answer filed has been struck out, or a cause which is proceeding only on the respondent’s answer and in which no reply or answer to the respondent’s answer has been filed or any such reply or answer has been struck out, or a cause to which rule 2.14(3) applies and in which no notice has been given under that rule or any notice so given has been withdrawn, or a cause in which an answer has been filed claiming relief but in which no pleading has been filed opposing the granting of a decree [ or civil partnership order, as the case may be,] on the petition or answer or any pleading or part of a pleading opposing the granting of a decree [or civil partnership order ]; [“ variation order ” means— in matrimonial proceedings, an order under Article 33 of the Order of 1978, and in civil partnership proceedings, an order under Part 10 of Schedule 15 to the Act of 2004; ] 2 Unless the context otherwise requires, a cause may be treated as pending for the purpose of these Rules notwithstanding that a final [decree, civil partnership order or other order has been pronounced or made on the petition, or it has been otherwise finally disposed of. ] 3 In these Rules a form referred to by number means the form so numbered in Appendix I or a form substantially to the like effect, with such variations as the circumstances of the particular case may require. 4 In these Rules any reference to an Order and rule is— a if prefixed by the letters “R.S.C.”, a reference to that Order and rule in the Rules of the Supreme Court (Northern Ireland) 1980 , and b if prefixed by the letters “C.C.R”, a reference to that Order and rule in the County Court Rules (Northern Ireland) 1981 . 5 Unless the context otherwise requires, any reference in these Rules to any rule or statutory provision shall be construed as a reference to that rule or statutory provision as amended, extended or applied by any other rule or statutory provision. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In these Rules— a a reference to a conditional order is a reference to an order made under Chapter 2 of Part 4 of the Act of 2004 of a kind mentioned in [section 161(1)(a) or (b) ] of that Act which has not been made final; and b a reference to a final order is a reference to such an order which has been made final. ] Application of other rules 1.4 1 Subject to the provisions of these Rules and of any statutory provision, the Rules of the Supreme Court (Northern Ireland) 1980 and the County Court Rules (Northern Ireland) 1981 other than C.C.R. Order 25, rule 20 (which deals with a new hearing and rehearing) shall apply with the necessary modifications to the commencement of family proceedings in, and to the practice and procedure in family proceedings pending in, the High Court and a county court respectively. 2 For the purpose of paragraph (1) any provision of these Rules authorising or requiring anything to be done in family proceedings shall be treated as if it were, in the case of proceedings pending in the High Court, a provision of the Rules of the Supreme Court (Northern Ireland) 1980 and in the case of proceedings pending in a county court, a provision of the County Court Rules (Northern Ireland) 1981. PART II MATRIMONIAL CAUSES [ AND CIVIL PARTNERSHIP CAUSES] PETITION, PLEADINGS AND AMENDMENT Application for leave to present a petition for nullity 2.1 1 An application under Article 16(4) of the Order of 1978 [or under section 175(3) of the Act of 2004 ] for leave to institute proceedings for a decree of nullity [of or civil partnership ] after the expiration of 3 years from the date of the marriage [or formation of the civil partnership ] shall be made to the court in which the applicant wishes to present the petition, by originating summons in Form M1. 2 There shall be filed in support of the summons an affidavit by the applicant exhibiting a copy of the proposed petition and (unless otherwise directed by the court on an application made ex parte) a certificate of the marriage [or civil partnership ] and stating— a the grounds of the application; b whether there has been any previous application under Article 16(4) of the Order of 1978 [or section 175(3) of the Act of 2004 ]; c the date of birth of each of the parties. 3 When the summons is issued it shall be made returnable for a fixed date before the judge in chambers. 4 Unless the court otherwise directs, the summons shall be served on the respondent at least 14 clear days before the return date. 5 The respondent may be heard without filing an affidavit. 6 This Part of these Rules shall, so far as applicable, apply with the necessary modifications, to the application as if the originating summons were a petition and the applicant a petitioner. Discontinuance before service of petition 2.2 Before a petition is served on any person, the petitioner may file a notice of discontinuance and the cause shall thereupon stand dismissed. Cause to be begun by petition 2.3 1 Every cause other than an application under Article 16(4) of the Order of 1978 [or under section 175(3) of the Act of 2004 ] shall be begun by petition. 2 Where a petition for divorce, nullity [of marriage ] or judicial separation [or for dissolution, nullity of civil partnership or separation, ] discloses that there is a minor child of the family who is under the age of 16 years or who is over that age and is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, the petition shall be accompanied by a statement signed by the petitioner personally containing the information required by Form M4, to which shall be attached a copy of any medical report mentioned therein. Contents of petition 2.4 1 Unless the court otherwise directs, every petition shall contain the information required by Appendix 2. 2 A petitioner who, in reliance on section 7 or 8 of the Civil Evidence Act (Northern Ireland) 1971 , intends to adduce evidence that a person— a was convicted of an offence by or before a court in the United Kingdom or by a court-martial there or elsewhere, or b was found guilty of adultery in matrimonial proceedings or was found or adjudged to be the father of a child in relevant proceedings before a court in the United Kingdom, must include in his petition a statement of his intention with particulars of— i the conviction, finding or adjudication and the date thereof, ii the court or court-martial which made the conviction, finding or adjudication and, in the case of a finding or adjudication the proceedings in which it was made, and iii the issue in the proceedings to which the conviction, finding or adjudication is relevant. 3 In this rule “matrimonial proceedings” and “relevant proceedings” have the same meaning as in section 8(5) of the Civil Evidence Act (Northern Ireland) 1971. Signing of petition 2.5 Every petition shall be signed by counsel if settled by him or, if not, by the petitioner’s solicitor in his own name or the name of his firm, or by the petitioner if he sues in person. Presentation of petition 2.6 1 A petition may be presented— a in a matrimonial cause, to the High Court or [... ] to the county court, and b in a civil partnership cause, to the High Court or [... ] to the county court. ] 2 Unless the court otherwise directs on an application made ex parte, a certificate of the marriage [or civil partnership ] to which the cause relates together with the certificates of birth of any child of the family under the age of 18 shall be filed with the petition. 3 [In a matrimonial cause, where ] there is before the court a petition which has not been dismissed or otherwise [finally disposed of ], another petition by the same petitioner in respect of the same marriage shall not be presented without leave granted on an application made in the pending proceedings: Provided that no such leave shall be required where it is proposed, after the expiration of the period of 2 years from the date of the marriage, to present a petition for divorce alleging such of the facts mentioned in Article 3(2) of the Order of 1978 as were alleged in a petition for judicial separation presented before the expiration of that period. 3A In a civil partnership cause, where there is before the court a petition which has not been dismissed or otherwise finally disposed of, another petition by the same petitioner in respect of the same civil partnership shall not be presented without leave granted on an application made in the pending proceedings: Provided that no such leave shall be required where it is proposed, after the expiration of the period of 2 years from the date of the civil partnership, to present a petition for dissolution alleging such of the facts mentioned in section 168(5) of the Act of 2004 as were alleged in a petition for separation presented before the expiration of that period. ] 4 Subject to paragraph (5), the petition shall be presented by filing it in the Matrimonial Office together with a notice— i in a matrimonial cause, in Form M5 with Form M6 attached, and ii in a civil partnership cause, in Form M5A with Form M6A attached, ] addressed to the respondent and any co-respondent together with any statement and report required by rule 2.3(2). 5 The petition and other documents specified in paragraph (4) may be presented at any county court office ..., for transmission to the Matrimonial Office for filing. 6 C.C.R. Order 6, rule 10 (which deals with the service of petitions) shall not apply but on the filing of the petition the Master shall— a affix thereto the seal of the Matrimonial Office, b enter the cause in the appropriate records, and c annex to every copy of the petition for service a notice in Form M5 with Form M6 attached or in Form M5A with Form M6A attached, as the case may be, and shall also annex to the copy petition for service on a respondent the copy of any statement and report filed pursuant to paragraph (4) of this rule. ] [ Petition for nullity on ground of issue of interim gender recognition certificate 2.6A 1 This rule applies to a petition— a for nullity of marriage under Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978, and b for nullity of civil partnership under section 174(1)(d) of the Act of 2004. 2 The petitioner shall file with his petition a copy of an interim gender recognition certificate issued to him or to the respondent, as the case may be, unless otherwise directed on an application made ex parte. 3 The proper officer or chief clerk, as the case may be, shall give notice in writing to the Secretary of State of a petition to which this rule applies when it is presented under rule 2.6. 4 A notice in writing under paragraph (3) shall state the names of the parties to the petition, its case number and the court in which it is pending. 5 Where a copy of an interim gender recognition certificate has been filed under paragraph (2), the notice given under paragraph (3) shall be accompanied by a copy of that certificate. 6 Where a copy of the certificate has not been filed under paragraph (2), the notice given under paragraph (3) shall also state— a in a matrimonial cause— i the names of the parties to the marriage and the date and place of the marriage, and ii the last address at which the parties to the marriage lived together as husband and wife; b in a civil partnership cause— i the names of the parties to the civil partnership and the date on and place at which the civil partnership was formed, and ii the last address at which the parties to the civil partnership lived together as civil partners of each other, and c in any case, such further particulars as the proper officer or chief clerk, as the case may be, considers appropriate. Petition for nullity on ground that respondent’s gender had become acquired gender at time of marriage or civil partnership 2.6B Where a petition for nullity of marriage is brought under Article 14(h) of the Order of 1978 or a petition for nullity of civil partnership is brought under section 174(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the respondent, the petitioner shall file a copy of that full certificate with his petition, unless otherwise directed on an application made ex parte.] Conciliation 2.7 1 Where— a a petition for divorce, nullity of marriage or judicial separation [ , or for dissolution, nullity of civil partnership or separation,] has been presented and service on the respondent of the petition has been effected or dispensed with, and b there are children of the family to whom Article 44 of the Order of 1978 [ or section 186 of the Act of 2004] applies; the Master shall inform the Department with a view to a reference to a suitably qualified person (hereinafter called “ the conciliator ”) to consider the possibility of conciliating the parties to the marriage [ or civil partnership]. 2 Where a reference is made under this rule the conciliator, subject to the approval of the Master, may inspect the court file. 3 This rule shall not prejudice the right of any party to lodge a certificate of readiness. Parties 2.8 1 Subject to paragraph (2), where a petition alleges that the respondent has committed adultery, the person with whom the adultery is alleged to have been committed shall be made a co-respondent in the cause unless— a that person is not named in the petition and, if the adultery is relied on for the purpose of Article 3(2)(a) of the Order of 1978, the petition contains a statement that his or her identity is not known to the petitioner, or b the court otherwise directs. 2 Where a petition alleges that the respondent has been guilty of rape upon a person named, then, notwithstanding anything in paragraph (1), that person shall not be made a co-respondent in the cause unless the court so directs. 3 Where a petition alleges that the respondent has been guilty of improper conduct (other than adultery) with a person named, the court may direct that the person named be made a co-respondent in the cause, and for that purpose the Master may cause notice to be given to the petitioner and to any other party who has given notice of intention to defend of a date and time when the court will consider giving such a direction. 4 An application for directions under paragraph (1) may be made ex parte if no notice of intention to defend has been given. 5 Paragraphs (1) and (3) of this rule do not apply where the person named has died before the filing of the petition. Service of petition 2.9 1 Subject to the provisions of this rule and rules 6.4 and 7.3 a sealed copy of every petition shall be served personally or by post on every respondent or co-respondent together with a copy of the notice in Form M5 with Form M6 attached [ or in Form M5A with Form M6A attached, as the case may be,] and with any statement and report required by rule 2.3(2). 2 Personal service shall in no case be effected by the petitioner himself. 3 An application for leave to substitute for the modes of service prescribed by paragraph (1) some other mode of service, or to substitute for service notice of the proceedings by advertisement or otherwise, shall be made ex parte by lodging with the Master an affidavit setting out the grounds on which the application is made. 4 No order giving leave to substitute notice of the proceedings by advertisement shall be made unless it appears to the Master that there is a reasonable probability that the advertisement will come to the knowledge of the person concerned. 5 Where leave is given to substitute for service notice of the proceedings by advertisement, the form of the advertisement shall be settled by the Master and copies of the newspapers containing the advertisement shall be filed. 6 Where in the opinion of the Master it is impracticable to serve a party in accordance with any of the foregoing paragraphs or it is otherwise necessary or expedient to dispense with service of a copy of a petition on the respondent or on any other person, the Master may make an order dispensing with such service. 7 An application for an order under paragraph (6) shall, if no notice of intention to defend has been given, be made in the first instance ex parte by lodging an affidavit setting out the grounds of the application, but the Master may, if he thinks fit, require the attendance of the petitioner on the application. 8 Where the solicitor for the respondent or co-respondent signs a receipt that he accepts service of the petition on behalf of the party, the petition shall be deemed to have been duly served on that party and to have been so served on the date on which the receipt was signed. Proof of service 2.10 1 A petition shall be deemed to be duly served if— a an acknowledgement of service in Form M6 [ or Form M6A] is signed by the party to be served or by a solicitor on his behalf and is returned to the Matrimonial Office, and b where the form purports to be signed by the respondent, his signature is proved at the hearing. 2 Where a copy of a petition has been sent to a party and no acknowledgement of service has been returned to the Matrimonial Office, the Master, if satisfied by affidavit or otherwise that the party has nevertheless received the document, may direct that the document shall be deemed to have been duly served on him. 3 Where a copy of a petition has been served on a party personally and no acknowledgement of service has been returned to the Matrimonial Office, service shall be proved by filing an affidavit of service in Form M7 showing the server’s means of knowledge of the identify of the party served. 4 Where a solicitor has accepted service of a petition in accordance with rule 2.9(8), a copy of his receipt accepting service of the petition shall be lodged in the Matrimonial Office. 5 Where an acknowledgement of service is returned to the Matrimonial Office, the proper officer shall send a photographic copy thereof to the solicitor for the petitioner or to the petitioner if he sues in person. [ Acknowledgement of service of petition for nullity brought on ground relating to gender recognition 2.10A 1 This rule applies where a petition for nullity of marriage is brought under— a Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978 and an interim gender recognition certificate has been issued to the respondent; or b Article 14(h) of the Order of 1978 and a full gender recognition certificate has been issued to the respondent. 2 This rule also applies where a petition for nullity of civil partnership is brought under— a section 174(1)(d) of the Act of 2004 and an interim gender recognition certificate has been issued to the respondent; or b section 174(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the respondent. 3 Where the respondent returns an acknowledgement of service in Form M6 or Form M6A, as the case may be, to the court office, he shall file with it a copy of that interim certificate or that full certificate, as the case may be, unless otherwise directed on an application made ex parte.] Notice of intention to defend 2.11 1 In these Rules any reference to a notice of intention to defend is a reference to an acknowledgement of service in Form M6 [ or in Form M6A] containing a statement to the effect that the person by whom or on whose behalf it is signed intends to defend the proceedings to which the acknowledgement relates, and any reference to giving notice of intention to defend is a reference to returning such a notice to the Matrimonial Office. 2 In relation to any person on whom there is served a document requiring or authorising an acknowledgement of service to be returned to the Matrimonial Office references in these Rules to the time limited for giving notice of intention to defend are references to 14 days after service of the document, inclusive of the day of service, or such other time as may be fixed. 3 Subject to paragraph (2), a person may give notice of intention to defend notwithstanding that he has already returned to the Matrimonial Office an acknowledgement of service not constituting such a notice. Consent to the grant of a decree [or civil partnership order ] 2.12 1 Where, before the hearing of a petition alleging 2 years’ separation coupled with the respondent’s consent to a decree [ or civil partnership order] being granted, the respondent wishes to indicate to the court that he consents to the grant of a decree [ or civil partnership order], he must do so by giving the Master a notice to that effect signed by the respondent personally. For the purposes of this paragraph an acknowledgement of service containing a statement that the respondent consents to the grant of a decree [ or civil partnership order] shall be treated as such a notice if the acknowledgement is signed— a in the case of a acting in person, by the respondent, or b in the case of a respondent represented by a solicitor, by the respondent as well as by the solicitor. 2 A respondent to a petition which alleges any such fact as is mentioned in paragraph (1) may give notice to the court either that he does not consent to a decree [ or civil partnership order] being granted or that he withdraws any consent which he has already given. Where any such notice is given and [ no other relevant fact] is alleged, the proceedings on the petition shall be stayed and the Master shall thereupon give notice of the stay to all parties. 3 In this rule a “relevant fact” is— a in a matrimonial cause, one of the facts mentioned in Article 3(2) of the Order of 1978, and b in a civil partnership cause, one of the facts mentioned in section 168(5) of the Act of 2004.] Supplemental petition, pleadings and amendment of petition 2.13 1 A supplemental petition may be filed only with leave. 2 A petition may be amended without leave before it is served but only with leave after it has been served. 3 Subject to paragraph (4) [ and unless the court otherwise directs], an application for leave under this rule— a may, if every opposite party consents in writing to the supplemental petition being filed or the petition being amended, be made ex parte by lodging in the Matrimonial Office the supplemental petition or a copy of the petition as proposed to be amended, together with the appropriate consent, and b shall, in any other case, be made by summons to be served, [ ...] on every opposite party. 4 The Master may, if he thinks fit, require an application for leave to be supported by an affidavit. 5 An order granting leave shall— a where any party has given notice of intention to defend, fix the time within which his answer must be filed or amended, b where the order is made after the certificate of readiness has been lodged, provide for a stay of the hearing until after the certificate has been renewed. 6 An amendment authorised to be made under this rule shall be made by filing a copy of the amended petition. 7 Rules 2.5 and 2.8 shall apply to a supplemental or amended petition as they apply to the original petition. 8 Unless the court otherwise directs, a copy of a supplemental or amended petition, together with a copy of the order (if any) made under this rule shall be served on every respondent and co-respondent named in the original petition or in the supplemental or amended petition. 9 Rules 2.9 and 2.10 shall apply to a respondent or co-respondent named in the original petition or in the supplemental or amended petition as they apply in relation to a person required to be served with an original petition. Filing of answer to petition 2.14 1 Subject to paragraph (2) and to rules 2.12, 2.16 and 2.35, a respondent or co-respondent who has given notice of intention to defend and who— a wishes to defend the petition or to dispute any of the facts alleged in it, b being the respondent wishes to make in the proceedings any charge against the petitioner in respect of which the respondent prays for relief, or c being the respondent to a petition to which Article 7(1) of the Order of 1978 [ or section 171(1) of the Act of 2004, as the case may be,] applies, wishes to oppose the grant of a decree [ or civil partnership order] on the ground mentioned in that paragraph. shall within 21 days after the expiration of the time limited for giving notice of intention to defend, file an answer to the petition. 2 An answer may be filed at any time before the certificate of readiness has been lodged, notwithstanding that the time for filing the answer has expired. 3 Where in a cause in which relief is sought under Article 14(d) of the Order of 1978 [ or under section 174(1)(b) of the Act of 2004] the respondent files an answer containing no more than a simple denial of the facts stated in the petition, he shall, if he intends to rebut the charges in the petition, give the proper officer notice to that effect either when filing his answer or later by leave of the court. 4 On the filing of an answer to a petition presented to [ the county court] the Master shall order the cause to be transferred to the High Court, unless it is a case to which paragraph (3) applies and the respondent has not given any such a notice as is mentioned in that paragraph. [ Answer praying for decree or order of nullity on ground of issue of interim gender recognition certificate 2.14A 1 This rule applies to an answer under rule 2.14(1) which prays for— a a decree of nullity of marriage under Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978, and b an order for nullity of civil partnership under section 174(1)(d) of the Act of 2004. 2 The respondent shall file with his answer a copy of an interim gender recognition certificate issued to him or to the petitioner, as the case may be, unless otherwise directed on an application made ex parte. 3 The proper officer or chief clerk, as the case may be, shall give notice in writing to the Secretary of State of an answer to which this rule applies when it is filed. 4 A notice in writing under paragraph (3) shall state the names of the parties to the petition, its case number and the court in which it is pending. 5 Where a copy of an interim gender recognition certificate has been filed under paragraph (2), the notice under paragraph (3) shall be accompanied by a copy of that certificate. 6 Where a copy of the certificate has not been filed under paragraph (2), the notice given under paragraph (3) shall also state— a in a matrimonial cause— i the names of the parties to the marriage and the date and place of the marriage; and ii the last address at which the parties to the marriage lived together as husband and wife; and b in a civil partnership cause— i the names of the parties to the civil partnership and the date on and place at which the civil partnership was formed, and ii the last address at which the parties to the civil partnership lived together as civil partners of each other; and c in any case, such further particulars as the proper officer or chief clerk, as the case may be, considers appropriate. Answer praying for decree or order of nullity on ground that petitioner’s gender had become acquired gender at time of marriage or civil partnership 2.14B Where an answer under rule 2.14(1) prays for a decree of nullity under Article 14(h) of the Order of 1978 or an order for nullity of civil partnership under section 174(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the petitioner, the respondent shall file a copy of that full certificate with his answer, unless otherwise directed on an application made ex parte.] Filing of reply and subsequent pleadings 2.15 1 A petitioner may file a reply to an answer within 14 days after he has received a copy of the answer pursuant to rule 2.19. 2 If the petitioner does not file a reply to an answer, he shall, unless the answer prays for a decree [ or civil partnership order], be deemed on lodging the certificate of readiness to have denied every material allegation of fact made in the answer. 3 No pleadings subsequent to a reply shall be filed without leave. [ Reply to answer praying for decree or order of nullity on ground relating to gender recognition 2.15A 1 This rule applies where an answer is filed under rule 2.14(1) which prays for a decree of nullity of marriage under— a Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978 and an interim gender recognition certificate has been issued to the petitioner; or b Article 14(h) of the Order of 1978 and a full gender recognition certificate has been issued to the petitioner. 2 This rule also applies where an answer is filed under rule 2.14(1) which prays for an order of nullity of civil partnership under— a section 174(1)(d) of the Act of 2004 and an interim gender recognition certificate has been issued to the petitioner; or b section 174(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the petitioner. 3 Where the petitioner files a reply under rule 2.15(1) to the answer, he shall file with it a copy of that interim certificate or that full certificate, as the case may be, unless otherwise directed on an application made ex parte.] Filing of pleadings after lodgment of certificate of readiness 2.16 No pleadings shall be filed without leave after the certificate of readiness has been lodged. Contents of answer and subsequent pleadings 2.17 1 Where an answer, reply or subsequent pleading contains more than a simple denial of the facts stated in the petition, answer or reply, as the case may be, the pleading shall set out with sufficient particularity the facts relied on but not the evidence by which they are to be proved and, if the pleading is filed by the husband or wife [ or a civil partner, as the case may be], it shall in relation to those facts, contain the information required in the case of a petition by paragraph 1(m) of Appendix 2. 2 Unless the court otherwise directs, an answer by a husband or wife or a [ or a civil partner] who disputes any statement required by paragraph 1(f), (g)[, (ga) ] and (h) of Appendix 2 to be included in the petition shall contain full particulars of the facts relied on. 3 Paragraph 4(a) of Appendix 2 shall, where appropriate, apply, with the necessary modifications, to a respondent’s answer as it applies to a petition. Provided that it shall not be necessary to include in the answer any claim for costs against the petitioner. 4 Where an answer to any petition contains a prayer for relief, it shall contain the information required by paragraph 1(1) of Appendix 2 in the case of the petition insofar as it has not been given by the petitioner. 5 Rule 2.4(2) shall apply, with the necessary modifications, to a pleading other than a petition as it applies to a petition. 6 Where a party’s pleading includes such a statement as is mentioned in rule 2.4(2), then if the opposite party— a denies the conviction, finding or adjudication to which the statement relates, or b alleges that the conviction, finding or adjudication was erroneous, or c denies that the conviction, finding or adjudication is relevant to any issue in the proceedings, he must make the denial or allegation in his pleading. 7 Rule 2.5 shall apply, with the necessary modifications, to a pleading other than a petition as it applies to a petition. Allegation against third person in pleading 2.18 1 Rules 2.8, 2.9 and 2.10 shall apply, with the necessary modifications, to a pleading other than a petition as they apply to a petition, so however that for the references in those rules to a co-respondent there shall be substituted references to a party cited. 2 Rule 2.14 shall apply, with the necessary modifications, to a party cited as it applies to a co-respondent. Service of pleadings 2.19 A party who files an answer, reply or subsequent pleading shall within 7 days of filing it serve a copy thereof on every opposite party. Supplemental answer and amendment of pleadings 2.20 Rule 2.13 shall apply, with the necessary modifications, to the filing of a supplemental answer, and the amendment of a pleading or other document not being a petition, as it applies to the filing of a supplemental petition and the amendment of a petition. Service and amendment of pleadings 2.21 Pleadings in matrimonial proceedings [ or civil partnership proceedings] may be served on any day except Sunday, Good Friday and Christmas Day and may be amended on any day on which the appropriate court office is open. Particulars 2.22 1 A party on whom a pleading has been served may by notice request the party whose pleading it is to give particulars of any allegation or other matter pleaded and, if that party fails to give the particulars within a reasonable time the party requiring them may apply for an order that the particulars be given. 2 A party giving particulars whether in pursuance of an order or otherwise shall at the same time file a copy of them. Re-transfer of cause to [ the county court ] 2.23 1 Where a cause begun by petition has been transferred to the High Court under rule 2.14(4) and subsequently becomes undefended, the court shall order it to be re-transferred to [ the county court], unless, (because of the proximity of the probable date of trial or for any other reason) the court thinks it desirable that the cause should be heard and determined in the High Court. 2 Nothing in paragraph (1) shall require a case to be re-transferred at the time when it becomes undefended if in the opinion of the court the question whether it is desirable to retain it in the High Court cannot conveniently be considered until later. PREPARATION FOR TRIAL Discovery of documents 2.24 A party to a cause may apply for an order for discovery and inspection of documents by an opposite party and R.S.C. Order 24 shall apply with the necessary modifications. Discovery by interrogatories 2.25 1 R.S.C. Order 26 (which deals with discovery by interrogatories) shall apply to a cause with the necessary modifications. 2 A copy of the proposed interrogatories shall be filed when the summons for an order is issued. Medical examination in proceedings for nullity [of marriage ] 2.26 1 In proceedings for nullity on the grounds of incapacity to consummate the marriage the petitioner may apply to the Master to determine whether medical inspectors should be appointed to examine the parties. 2 An application under paragraph (1) shall not be made in an undefended cause— a if the husband is the petitioner, or b if the wife is the petitioner and— i it appears from the petition that she was either a widow or divorced at the time of marriage in question, or ii it appears from the petition or otherwise that she has borne a child, or iii a statement by the wife that she is not a virgin is filed, unless, in any such case, the petitioner is alleging his or her own incapacity. 3 References in paragraph (1) and (2) to the petitioner shall, where the cause is proceeding only on the respondent’s answer or where the allegation of incapacity is made only in the respondent’s answer, be construed as references to the respondent. 4 An application under paragraph (1) by the petitioner shall be made— a where the respondent has not given notice of intention to defend, after the time limited for giving notice of intention to defend has expired; b where the respondent has given notice of intention to defend, after the expiration of the time allowed for filing his answer or, if he has filed an answer, after it has been filed; and any application under paragraph (1) by the respondent shall be made after he has filed an answer. 5 Where the party required to make an application under paragraph (1) fails to do so within a reasonable time, the other party may, if he is prosecuting or defending the cause, make the application. 6 In proceedings for nullity on the ground that the marriage has not been consummated owing to the wilful refusal of the respondent, either party may apply to the Master for the appointment of medical inspectors to examine the parties. 7 If the respondent has not given notice of intention to defend, an application by the petitioner under paragraph (1) or (6) may be made ex parte. 8 If the Master hearing an application under paragraph (1) or (6) considers it expedient to do so, he shall appoint a medical inspector or, if he thinks it necessary, two medical inspectors to examine the parties and report to the court the result of the examination. 9 At the hearing of any such proceedings as are referred to in paragraph (1) the court may, if it thinks fit, appoint a medical inspector or two medical inspectors to examine any party who has not been examined or to examine further any party who has been examined. 10 The party on whose application an order under paragraph (8) is made or who has the conduct of proceedings in which an order under paragraph (9) has been made for the examination of the other party, shall serve on the other party notice of the time and place appointed for his or her examination. Conduct of medical examination 2.27 1 The examination under rule 2.26 shall, if either party so requires, be held at the residence of one of the medical inspectors appointed or at some other convenient place selected by them and in every other case shall be held at the Matrimonial Office. 2 Where a medical inspection takes place at a place other than the Matrimonial Office every party presenting himself for examination shall sign, in the presence of the inspector or inspectors, a statement that he is the person referred to as the petitioner or respondent, as the case may be, in the order for the examination, and at the conclusion of the examination the inspector or inspectors shall certify on the statement that it was signed in his or their presence by the person who has been examined. Where the medical inspection takes place in the Matrimonial Office the identification shall be conducted before the Master in such manner as he may direct. 3 Every report made in pursuance of rule 2.26 shall be filed and either party shall be entitled to be supplied with a copy on payment of the prescribed fee. 4 It shall not be necessary in any cause for the inspector or inspectors to attend or give evidence at the trial unless required either by the court of its own motion or by either party to do so after receiving appropriate notice. 5 Where pursuant to paragraph (4) the evidence of the inspector or inspectors is not given at the trial, his or their report shall be treated as information furnished to the court by a court expert and be given such weight as the court thinks fit. Entry for hearing and certificate of readiness 2.28 1 The petitioner or any party who is defending a cause or the respondent in the case of an undefended cause proceeding on the respondent’s answer may request the Master to enter the cause for hearing if— a a copy of the petition (including any supplemental or amended petition) and any subsequent pleading has been duly served on every party requiring to be served and, where that party is a person under disability, any affidavit required by rule 6.4(2) has been filed; b i no notice of intention to defend has been given by any party entitled to defend and the time limited for giving such notice has expired; or ii where a notice of intention to defend has been given by any party, the time allowed for filing an answer has expired; or iii where an answer has been filed, the time allowed for filing any subsequent pleading has expired; c in proceedings for nullity [ of marriage], where an order for the examination of the parties has been made on an application under rule 2.26, the notice required by paragraph 10 of that rule has been served and the report of the inspector or inspectors has been filed; d any other directions of the court have been complied with. 2 The party making such request shall at the same time lodge in the Matrimonial Office a certificate in Form M8 that the cause is ready for trial and, in the case of a cause for hearing in [ the county court], the certificate shall state the place of trial requested. 3 [ Where a cause is defended, the party lodging the certificate of readiness] shall at the same time deliver to the Matrimonial Office a bundle of pleadings for the judge consisting of an indexed copy of the following documents— a the certificate of readiness; b the petition; c any other pleadings; d notices for particulars and answers thereto; e affidavit of service; f interlocutory orders; g any statement as to arrangements for children under rule 2.3(2); h any statement under rule 2.29(4); i the requisite legal aid documents, fastened together in the order shown and having endorsed thereon the names and addresses of the solicitors of the parties. 4 If [ a cause is defended and] there are any further proceedings after the lodging of the certificate of readiness, the party lodging the certificate shall deliver to the proper officer or the chief clerk, as the case may be, for the use of the judge a copy of any further document of the kind mentioned in paragraph (3). Stay under Schedule 1 to the Order of 1978 2.29 1 An application to the court by the petitioner or respondent in proceedings for divorce for an order under paragraph 8 of Schedule 1 to the Order of 1978 (in this rule referred to as “ Schedule 1 ”) shall be made to the Master, who may determine the application or refer the application, or any question arising thereon, to the judge for his decision as if the application were an application for ancillary relief. 2 An application for an order under paragraph 9 of Schedule 1 to the Order of 1978 shall be made to the judge. 3 Where on the lodgment of the certificate of readiness, it appears to the Master from any information given pursuant to paragraph 1(1) of Appendix 2 or rule 2.17(4) or paragraph (4) of this rule that any proceedings which are in respect of the marriage in question or which are capable of affecting its validity or subsistence are continuing in any country outside Northern Ireland and he considers that the question whether the proceedings on the petition should be stayed under paragraph 9 of Schedule 1 ought to be determined by the court, he shall before proceeding under rule 2.32 fix a date and time for the consideration of that question by the judge and give notice thereof to all parties. In this paragraph “ proceedings continuing in any country outside Northern Ireland ” has the same meaning as in paragraph 1(1) of Appendix 2. 4 Any party who lodges a certificate of readiness in matrimonial proceedings within the meaning of paragraph 2 of Schedule 1 shall, if there has been a change in the information given pursuant to paragraph 1(1) of Appendix 2 and rule 2.17(4), file a statement giving particulars of the change. 5 An application by a party to the proceedings for an order under paragraph 10 of Schedule 1 to the Order of 1978 may be made to the Master, and he may determine the application or may refer the application, or any question arising thereon, to the judge as if the application were an application for ancillary relief. [ Stay under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules (Northern Ireland) 2005 2.29AA 1 An application to the court by the petitioner or respondent in proceedings for a dissolution order for an order under rule 3 of the Staying of Proceedings Rules shall be made to the Master who may determine the application or refer the application, or any question arising thereon, to the judge for his decision as if the application were an application for ancillary relief. 2 An application for an order under rule 4 of the Staying of Proceedings Rules shall be made to the judge. 3 Where on the lodgement of the certificate of readiness, it appears to the Master from any information given pursuant to paragraph 1(1) of Appendix 2 or rule 2.17(4) or paragraph (4) of this rule that any proceedings which are in respect of the civil partnership in question or which are capable of affecting its validity or subsistence are continuing in any country outside Northern Ireland and he considers that the question whether the proceedings on the petition should be stayed under rule 4 of the Staying of Proceedings Rules ought to be determined by the court, he shall before proceeding under rule 2.32 fix a date and time for the consideration of that question by the judge and give notice thereof to all parties. 4 Any party who lodges a certificate of readiness in civil partnership proceedings within the meaning of rule 1(2) of the Staying of Proceedings Rules shall, if there has been a change in the information given pursuant to paragraph 1(1) of Appendix 2 and rule 2.15(4), file a statement giving particulars of the change. 5 An application by a party to the proceedings for an order under rule 5 of the Staying of Proceedings Rules may be made to the Master, and he may determine the application or may refer the application, or any question arising thereon, to the judge as if the application were an application for ancillary relief. 6 In this rule— a the Staying of Proceedings Rules means the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules (Northern Ireland) 2005 ; and b in paragraph (3), the reference to “ proceedings continuing in any country outside Northern Ireland ” has the same meaning as in paragraph 1(1) of Appendix 2.] Stay under the Council Regulation 2.29A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TRIAL ETC Mode ... of trial 2.30 1 Subject to section 62(4) of the Judicature (Northern Ireland) Act 1978 , every cause and any issue arising therein shall be tried by a judge without a jury. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Unless the judge otherwise directs, every cause listed for hearing and any issue arising therein shall be heard by a judge in chambers and adjourned into court for judgment. Setting down for trial 2.31 1 A cause shall be deemed to have been set down as soon as the certificate of readiness has been lodged. 2 Where a cause is set down for hearing in the High Court, the proper officer shall, as soon as practicable, fix the date of the hearing and give notice thereof to every party to the case. 3 Where a cause is set down for hearing in [ the county court], the proper officer shall forthwith send the file of the cause [ ...] to the chief clerk. 4 As soon as practicable after the chief clerk has received the file of the cause [ ...] in accordance with paragraph (3), he shall fix the date and place of the hearing and give notice thereof to every party to the cause. 5 Except with the consent of all parties or by leave of the judge, no cause shall be tried before the expiration of 10 days from the date of issue stamped on the notice of hearing. Order for transfer of cause 2.32 1 [ The county court] may order that a cause pending therein be transferred to the High Court, if, having regard to all the circumstances including the difficulty or importance of the cause or of any issue arising therein, the court thinks it desirable that the cause should be heard and determined in the High Court. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trial of issue 2.33 Where directions are given for the separate trial of any issue, the Master shall— a if the issue arises on an application for ancillary relief or on an application with respect to any child or alleged child of the family, proceed as if the issue were a question referred to a judge on an application for ancillary relief and rule 2.70 shall apply accordingly; b in any other case, cause the issue to be set down for trial. Lists in the [ ... county court ] 2.34 1 The chief clerk ... shall maintain a list of the causes which are for the time being set down for trial .... 2 Causes shall be entered in the said list in the order in which they were set down for trial and for the purpose of this paragraph— a a cause shall, subject to sub-paragraph (b), be treated as having been set down for trial when the file of the cause is received by the chief clerk from the Matrimonial Office under rule 2.31(3); b a cause transferred for trial from another county court ... shall be treated as having been set down for trial at the end of the day on which it was originally set down for trial. Right to be heard on ancillary questions 2.35 1 A respondent, co-respondent or party cited may, without filing an answer, be heard on any question as to costs or as to ancillary relief. 2 A party shall be entitled to be heard on any question pursuant to paragraph (2) whether or not he has returned to the Matrimonial Office an acknowledgement of service stating his wish to be heard on that question. 3 The court may at any time order any party objecting to a claim for costs to file and serve on the party making the claim a written statement setting out the reasons for his objection. 4 In proceedings after a decree nisi of divorce or a decree of judicial separation [ or after a conditional order of dissolution or an order of separation,] no order the effect of which would be to make a co-respondent or party cited liable for costs which are not directly referable to the decree [ or civil partnership order, as the case may be,] shall be made unless the co-respondent or party cited is a party to such proceedings or has been given notice of the intention to apply for such an order. Respondents statement as to arrangements for children 2.36 1 A respondent on whom there is served a statement in accordance with rule 2.3(2) may file in the Matrimonial Office a written statement of his views on the present and proposed arrangements for the children, and on receipt of such a statement from the respondent the proper officer shall send a copy to the petitioner. 2 Any such statement of the respondent’s views shall, if practicable, be filed within the time limited for giving notice of intention to defend and in any event before the judge considers the arrangements or proposed arrangements for the children under Article 44 of the Order of 1978 [or section 186(1) of the Act of 2004, as the case may be ]. Procedure for complying with Article 44 of the Order of 1978 [or Section 186 of the Act of 2004 ] 2.37 1 Where no such application as is referred to in rule 2.38(1) is pending the judge shall consider the matters specified in Article 44(1) of the Order of 1978 [ or section 186(1) of the Act of 2004, as the case may be,] in accordance with the provisions of this rule. 2 Where, on consideration of the relevant evidence, including any further evidence or report provided pursuant to this rule and any statement filed by the respondent under rule 2.36 the judge is satisfied that— a there are no children of the family to whom— i in a matrimonial cause, Article 44 of the Order of 1978 applies; or ii in a civil partnership cause, section 186 of the Act of 2004 applies, or] b there are such children but the court need not exercise its powers under the Order of 1995 with respect to any of them or give [ a relevant direction], the judge shall certify accordingly and, in a case to which sub-paragraph (b) applies, the petitioner and the respondent shall each be sent a copy of the certificate by the Master. 3 Where the judge is not satisfied as mentioned in paragraph (2) above he may, without prejudice to his powers under the Order of 1995 or [ his power to give a relevant direction], give one or more of the following directions— a that the parties, or any of them, shall file further evidence relating to the arrangements for the children (and the direction shall specify the matters to be dealt with in the further evidence); b that a welfare report on the children, or any of them be prepared; c that the parties, or any of them, shall attend before him at the date, time and place specified in the direction; and the parties shall be notified accordingly. 4 Where the court gives a [ relevant direction] notice of the direction shall be given to the parties. 5 In this rule— a “ parties ” means the petitioner, the respondent and any person who appears to the court to have the care or the child; and b “ relevant direction ” means a direction— i in a matrimonial cause, under Article 44(2) or the Order of 1978, and ii in a civil partnership cause, under section 186(2) of the Act of 2004.] Applications relating to children of the family 2.38 1 Where a cause is pending, an application by a party to the cause or by any other person for an order under Part II or Part III or Part XV of the Order of 1995 in relation to a child of the family shall be made in the cause; and where the applicant is not a party and has obtained such leave as is required under the Order of 1995 to make the application no leave to intervene in the cause shall be necessary. 2 If, while a cause is pending, proceedings relating to any child of the family are begun in any other court, a concise statement of the nature of the proceedings shall forthwith be filed by the person beginning the proceedings, or if he is not a party to the cause by the petitioner. Restoration of matters adjourned, etc. at the hearing 2.39 1 Where at the trial of a cause any application is adjourned by the judge it may be restored by any party or by the Master when in his opinion the matter ought to be further considered, by notice in Form M9 which shall be served on every party concerned and (when served by a party) on the proper officer or chief clerk, as the case may be. 2 Where in proceedings for divorce, nullity of marriage or judicial separation [ , or for dissolution, nullity or civil partnership or separation,] the judge has made a direction under Article 44(2) of the Order of 1978 [ or under section 186(2) of the Act of 2004], paragraph (1) shall, unless the judge otherwise directs, apply as if an application with respect to the arrangements for the care and upbringing or any such child had been adjourned. EVIDENCE Evidence generally 2.40 Subject to the provisions of rules 2.41 and 2.42 and of the Civil Evidence Act (Northern Ireland) 1971 and any other statutory provisions, any fact required to be proved by the evidence of witnesses at the trial of a cause begun by petition shall be proved by the examination of the witnesses orally. Evidence by affidavit, etc 2.41 1 The court may order— a that any particular fact to be specified in the order may be proved by affidavit, b that the affidavit of any witness may be read at the trial on such conditions as the court thinks reasonable, c that the evidence of any particular fact shall be given at the trial in such manner as may be specified in the order and in particular— i statement on oath of information or belief, or ii the production of documents or entries in books, or iii by copies of documents or entries in books, or d that not more than a specified number of expert witnesses may be called. 2 An application to the Master for an order under paragraph (1) shall— a if no notice of intention to defend has been given, or b if the petitioner and every party who has given notice of intention to defend consents to the order sought, or c if the cause is undefended and the certificate of readiness has been lodged, be made ex parte by filing an affidavit stating the grounds on which the application is made. 3 Where an application is made before the trial for an order that the affidavit of a witness may be read at the trial or that evidence of a particular fact may be given at the trial by affidavit, the affidavit or a draft thereof shall be submitted with the application; and where the affidavit is sworn before the hearing of the application and sufficiently states the grounds on which the application is made, no other affidavit shall be required under paragraph (2). 4 The court may, on the application of any party to a cause begun by petition, make an order for the examination on oath of any person, and R.S.C. Order 38, rule 7, and Order 39, rules 1 to 14, (which regulate the procedure where evidence is to be taken by deposition) shall have effect accordingly with the appropriate modifications. 5 On any interlocutory application made to the court evidence may be given by affidavit unless these Rules otherwise provide or the court otherwise directs, but the court may, on the application of any party, order the attendance for cross-examination of the person making any such affidavit; and where, after such attendance has been ordered, such affidavit shall not be used as evidence without the leave of the court. 6 Medical and other expert evidence or the evidence of an inquiry agent to prove adultery may without leave, and in an undefended cause shall, be given by affidavit, but the court may, of its own motion or on the application of any party at the trial, order the attendance for cross-examination of the person making any such affidavit; and after such attendance has been ordered such affidavit shall not be used in evidence without the leave of the court. 7 Where the statement of a co-respondent or a person named admitting his or her adultery with the respondent or of a respondent admitting his or her adultery with a person named or a co-respondent has been made in the presence and hearing of the person with whom adultery is admitted, the affidavit must contain an averment that the statement has been so made. Evidence of marriage [ or overseas relationship] outside Northern Ireland 2.42 1 The celebration of a marriage outside Northern Ireland and its validity under the law of the country where it was celebrated may, in any family proceedings in which the existence and validity of the marriage is not disputed, be proved by the evidence of one of the parties to the marriage and the production of a document purporting to be— a a marriage certificate or similar document issued under the law in force in that country; or b a certified copy of an entry in a register of marriages kept under the law in force in that country. 1A The formation of an overseas relationship other than a marriage, outside Northern Ireland and its validity under the law of the country where it was formed may, in any family proceedings in which the existence and validity of that relationship is not disputed, be proved by the evidence of one of the parties to it and the production of a document purporting to be— a a certificate or similar document issued under the law in force in that country evidencing its formation; or b a certified copy of an entry in a register of such relationships kept under the law in force in that country.] 2 Where a document produced by virtue of paragraph (1) [ or (1A)] is not in English it shall, unless the court otherwise directs, be accompanied by a translation certified by a notary public or authenticated by affidavit. 3 This rule shall not be construed as precluding the proof of a marriage [ or the existence of an overseas relationship which is not a marriage] in accordance with the Evidence (Foreign, Dominion and Colonial Documents) Act 1933 or in any other manner authorised apart from this rule. 4 In this rule, an “ overseas relationship ” has the same meaning as in section 212 of the Act of 2004.] Rules 2.41 and 2.42 not to affect the power of the judge at the trial to refuse to admit any evidence 2.43 Nothing in rule 2.41 or 2.42 shall affect the power of the judge at the trial to refuse to admit any evidence if in the interest of justice he thinks fit to do so. Issue of writ of subpoena or witness summons 2.44 1 A writ of subpoena in a cause pending in the High Court shall be issued out of the Matrimonial Office. 2 A witness summons in a cause pending in [ the county court] shall be issued in any county court office. Hearsay and expert evidence 2.45 1 R.S.C. Order 38, rules 5 and 19(1) shall not apply in relation to an undefended cause in the High Court. 2 R.S.C. Order 38, rule 19 shall have effect in relation to a defended cause in the High Court as if— a for the words “this Order” in paragraph (3), there were substituted a reference to rule 2.41 of these Rules; and b paragraph (4) were omitted. 3 Unless in any particular case the court otherwise directs, C.C.R. Order 38, rule 19(1), shall not apply in relation to an undefended cause pending in [ the county court]. DECREES AND ORDERS Decrees and orders 2.46 1 Every decree, [ every civil partnership order, every other order made in open court] and every other order which is required to be drawn up shall be drawn up— a in the case of a decree or order pronounced or made in the High Court, in the Matrimonial Office; b in the case of a decree or order pronounced or made in [ the county court], in the county court office; and shall have affixed thereto the seal of the office in which it is drawn up. 2 C.C.R. Order 33, rule 4(1) (which deals with the lodgment of a decree) shall not apply to a decree [ or civil partnership order] pronounced in a cause pending in [ the county court]. 3 The chief clerk to whom the file of a cause has been sent under rule 2.31(3) shall, as soon as practicable after the cause has been tried, forward to the Matrimonial Office a copy of the decree or order pronounced or made in the cause. Application for rescission of decree [ or conditional order] 2.47 1 An application by a respondent— a under Article 12(1) of the Order of 1978 for the rescission of a decree of divorce, or b under section 172(1) of the Act of 2004 for the rescission of a conditional order of dissolution, shall be made to a judge and shall be heard in open court.] 2 Unless otherwise directed, the notice of the application shall be served on the petitioner not less than 14 days before the day fixed by the proper officer or chief clerk, as the case may be, for the hearing of the application. 3 The applicant shall file an affidavit showing that the notice of the application has been served. 4 The application shall be supported by an affidavit setting out the allegations on which the applicant relies and a copy of the affidavit shall be served on the petitioner. Application under Article 12(2) of the Order of 1978 [ or section 172(2) of the Act of 2004] 2.48 1 An application by the respondent to a petition for divorce [ or dissolution] for the court to consider his financial position after [ that divorce or dissolution] shall be made by notice in Form M14. 2 Where a petitioner is served with a notice in Form M14, then, unless he has already filed an affidavit under rule 2.61(2), he shall, within 14 days after the service of the notice, file an affidavit in answer to the application containing full particulars of his property and income, and if he does not do so, the court may order him to file an affidavit containing such particulars. 3 Within 14 days after service of any affidavit under paragraph (2) or within such other time as the court may fix, the respondent shall file an affidavit in reply containing full particulars of his property and income unless already given in an affidavit filed by him under rule 2.61(3). 4 The powers of the court on the hearing of the application may be exercised by the Master. 5 The Master by whom an application under Article 12(2) of the Order of 1978 [ or section 172(2) of the Act of 2004] is to be heard shall fix an appointment for the hearing, and rules 2.64(3) to (7); 2.68 and 2.69 shall apply to the application as if it were an application for ancillary relief. 6 At any time before the hearing of the application is concluded (and without prejudice to any right of appeal), the Master may, and if so requested by either party shall, refer the application or any question arising thereon, to a judge. 7 [ In a matrimonial cause, a statement of any of the matters] mentioned in paragraph (3) of Article 12 of the Order of 1978 with respect to which the court is satisfied, a statement that the conditions for which that paragraph and paragraph (4) provide have been fulfilled, shall be entered in the court records. 7A In a civil partnership cause, a statement of any of the matters mentioned in section 172(4) of the Act of 2004 with respect to which the court is satisfied and a statement that the conditions for which that sub-section and section 172(5) provide have been fulfilled shall be entered in the court records.] Intervention to show cause by the Crown Solicitor 2.49 1 If the Crown Solicitor wishes to show cause why— i a decree nisi should not be made absolute, or ii a conditional order should not be made final, he shall give notice to that effect to the proper officer or chief clerk, as the case may be, and to the party in whose favour it was pronounced, and, if the cause is pending in the county court, the Master shall thereupon order it to be transferred to the High Court.] 2 Within 21 days after giving notice under paragraph (1) the Crown Solicitor shall file his plea setting out the ground on which he desires to show cause, together with a copy for service on the party in whose favour the decree [ or civil partnership order, as the case may be,] was pronounced and every other party affected by [ that decree or order]. 3 The proper officer shall serve a copy of the plea on each of the persons mentioned in paragraph (2). 4 Except as hereinafter provided, these Rules shall apply to all subsequent pleadings and proceedings in respect of the plea as if it were a petition. 5 If no answer to the plea is filed within the time limited, or if an answer is filed and is struck out or not proceeded with, the Crown Solicitor may apply forthwith by motion to rescind the decree nisi [ or conditional order] and dismiss the petition. 6 If an answer is filed denying all the charges in the plea, the Crown Solicitor shall within 14 days thereafter request the proper officer to enter the intervention for hearing but, if no such request is made, the party in whose favour the decree nisi [ or the conditional order] was pronounced may request the proper officer to enter the intervention for hearing or may apply under rule 2.52 to make the decree absolute [ or the conditional order final]. 7 If an answer is filed in which any charge in the plea is not denied, the party in whose favour the decree nisi [ or the conditional order] was pronounced may within 14 days after the answer has been filed request the proper officer to enter the intervention for hearing but, if no such request is made, the Crown Solicitor may apply forthwith by motion to rescind the decree [ or conditional order, as the case may be,] and dismiss the petition. 8 The Crown Solicitor or the party in whose favour the decree [ or order] was pronounced, as the case may be, shall, when requesting the intervention to be entered for hearing, deliver to the Matrimonial Office a bundle of pleadings for the judge consisting of an indexed copy of the following documents:— a the decree nisi [ or the conditional order, as the case may be]; b the Crown Solicitor’s plea; c the answer; d notices for particulars and answers thereto; e affidavits, if any; f the requisite legal aid documents, fastened together in the order shown and having endorsed thereon the names and addresses of the solicitors of the parties. 9 After the expiration of 7 days from the date on which the proper officer was requested to enter the intervention for hearing, the intervention shall be deemed to be set down for trial and the proper officer shall— a give notice to this effect to every party to the intervention, and b as soon as practicable thereafter fix the date of the hearing and give notice thereof to every party to the intervention. Intervention to show cause by person other than Crown Solicitor 2.50 1 If any person other than the Crown Solicitor wishes to show cause— a under Article 11 of the Order of 1978 why a decree nisi should not be made absolute, or b under section 164 of the Act of 2004 why a conditional order should not be made final, he shall file an affidavit stating the facts on which he relies and a copy shall be served on the party in whose favour the decree or conditional order, as the case may be, was pronounced.] 2 A party on whom a copy of an affidavit has been served under paragraph (1) may, within 14 days after service, file an affidavit in answer and, if he does so, a copy thereof shall be served on the person showing cause. 3 The person showing cause may file an affidavit in reply within 14 days after service of the affidavit in answer and, if he does so, a copy shall be served on each party who was served with a copy of his original affidavit. 4 No affidavit after an affidavit in reply shall be filed without leave. 5 Any person who files an affidavit under paragraph (1), (2) or (3) shall at the same time file a copy for service on each person required to be served therewith and the proper officer or chief clerk, as the case may be, shall thereupon serve the copy on that person. 6 A person showing cause shall apply to the judge for directions within 14 days after expiry of the time allowed for filing an affidavit in reply or, where no affidavit in answer has been filed, within 14 days after expiry of the time allowed for filing such an affidavit. 7 If the person showing cause does not apply under paragraph (6) within the time limited, the person in whose favour the decree [ or conditional order, as the case may be,] was pronounced may do so. 8 The judge may either give directions for the trial of the intervention or, if he is satisfied that there is no question to be tried, dismiss the intervention. 9 If the judge gives such directions in a cause pending in [ the county court], he shall thereupon order the cause to be transferred to the High Court. 10 When directions have been given under paragraph (8) and, if necessary, the cause has been transferred to the High Court, the intervention shall proceed as nearly as may be in the manner prescribed by paragraphs (6) to (9) of rule 2.49, substituting for references to the Crown Solicitor references to the person showing cause, but no plea or answer need be filed unless the judge so directs. Rescission of decree nisi [ or conditional order] by consent 2.51 1 Where a reconciliation has been effected between the petitioner and the respondent— a in a matrimonial cause— i after a decree nisi has been pronounced but before it has been made absolute, or ii after a decree of judicial separation has been pronounced; and b in a civil partnership cause— i after a conditional order has been made but before it has been made final, or ii after a separation order has been made, either party may apply for an order rescinding that decree or order by consent.] 2 Where the cause is pending in [ the county court], the application shall be made on notice to the other spouse [ or civil partner, as the case may be,] and to any other party against whom costs have been awarded or who is otherwise affected by the decree [ or civil partnership order], and where the cause is pending in the High Court, a copy of the summons by which the application is made shall be served on every such person. 3 The application shall be made to the judge and shall be heard in chambers. Decree absolute [ or final order] on lodging notice 2.52 1 Subject to rule 2.53(1), an application by— a a spouse to make absolute a decree nisi pronounced in his favour, or b a civil partner to make final a conditional order made in his favour, may be made by lodging with the proper officer or chief clerk, as the case may be, notice in Form M10. ] 2 On the lodging of such a notice, the proper officer or chief clerk, as the case may be, shall search the court records and if he is satisfied— a that no appeal against the decree [ or the conditional order] and no application for rescission of the decree [ or the conditional order] is pending; b that no order has been made by the Court of Appeal extending the time for appealing against the decree [ or the conditional order] or, if any such order has been made, that the time so extended has expired; c that no application for such an order as is mentioned in sub-paragraph (b) is pending; d that no intervention under rule 2.49 or 2.50 is pending; e [if the cause is a matrimonial cause, ] that the court has complied with Article 44(1) of the Order of 1978 and has not given any direction under Article 44(2); ea if the cause is a civil partnership cause, that the court has complied with section 186(1) of the Act of 2004 and has not given any direction under section 186(2) of that Act; ] f where a certificate has been granted under section 12 of the Administration of Justice Act 1969 in respect of the decree [ or the conditional order, as the case may be]— i that no application for leave to appeal directly to the House of Lords is pending; ii that no extension of the time to apply for leave to appeal directly to the House of Lords has been granted or, if any such extension has been granted, that the time so extended has expired; and iii that the time for any appeal to the Court of Appeal has expired; [ ...] g [if the cause is a matrimonial cause, ] that the provisions of Article 12(2) to (4) of the Order of 1978 do not apply or have been complied [ with;] h if the cause is a civil partnership cause, that the provisions of section 172(2) to (5) of the Act of 2004 do not apply or have been complied with; i where the decree nisi was pronounced on the ground in Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to the Order of 1978— i that there is not pending a reference under section 8(5) of the Gender Recognition Act 2004 in respect of the application on which the interim gender recognition certificate to which the petition relates was granted; ii that that interim certificate has not been revoked under section 8(6)(b) of that Act; and iii that no appeal is pending against an order under section 8(6)(a) of that Act,] the Master shall make the decree absolute [ or the conditional order final]. Provided that if the notice is lodged more than 12 months after the decree nisi [ or conditional order], the Master may require the applicant to file an affidavit accounting for the delay and may make the decree absolute [ or the conditional order final] if he thinks fit or refer the application to the judge. Decree absolute [ or final order] on application 2.53 1 In the following cases an application for a decree nisi to be made absolute [ or a conditional order to be made final] shall be made to the judge by summons, that is to say— a [ in a matrimonial cause] where, within 6 weeks after a decree nisi has been pronounced, the Crown Solicitor gives to the proper officer or chief clerk, as the case may be, and to the party in whose favour the decree was pronounced a notice that he requires more time to decide whether to show cause against the decree being made absolute and the notice has not been withdrawn, [ ...] aa in a civil partnership cause where, within 6 weeks after a conditional order has been pronounced, the Crown Solicitor gives to the proper officer or chief clerk, as the case may be, and to the party in whose favour the conditional order was made a notice that he requires more time to decide whether to show cause against the conditional order being made final and the notice has not been withdrawn, or] b where there are other circumstances which in the opinion of the Master ought to be brought to the attention of the court before the decree nisi is made absolute [ or the conditional order is made final]. Unless the court otherwise directs, the summons shall be served on every party to the cause (other than the applicant) and, in a case to which sub-paragraph (a), [(c) or (aa)] applies, on the Crown Solicitor. 2 An application— a by a spouse for a decree nisi pronounced against him to be made absolute may be made to the judge or the Master by summons to be served on the other spouse not less than 7 clear days before the day on which the application is to be heard, or b by a civil partner for a conditional order pronounced against him to be made final may be made to the judge or the Master by summons to be served on the other civil partner not less than 7 clear days before the day on which the application is heard.] Indorsement and certificate of decree absolute 2.54 1 Where a decree nisi is made absolute, the Master shall make an indorsement to that effect on the decree, stating the precise time at which it was made absolute. 2 On a decree nisi being made absolute, the proper officer or chief clerk, as the case may be, shall— a send to the petitioner and the respondent a certificate in Form M11 or M12, authenticated by the appropriate seal, and b if the cause is pending in the county court, notify the Matrimonial Office. 3 A certificate in Form M11 or M12 that a decree nisi has been made absolute shall be issued to any person requiring it on payment of the prescribed fee. 4 A central index of decrees absolute shall be kept in the Matrimonial Office and any person shall be entitled to require a search to be made therein, and to be furnished with a certificate of the result of the search, on payment of the prescribed fee. [ lndorsement and certificate of final order 2.54A 1 Where a conditional order is made final, the Master shall make an indorsement to that effect on the order, stating the precise time at which it was made final. 2 On a conditional order being made final, the proper officer or chief clerk, as the case may be, shall— a send to the petitioner and respondent a certificate in Form M11A or M12A, authenticated by the appropriate seal, and b if the case is pending in the county court, notify the Matrimonial Office. 3 A certificate in Form M11A or M12A that a conditional order has been made final shall be issued to any person requiring it on payment of the prescribed fee. 4 A central index of final orders shall be kept in the Matrimonial Office and any person shall be entitled to require a search to be made therein, and to be furnished with a certificate of the result of the search, on payment of the prescribed fee. Application under section 6 of the Gender Recognition Act 2004 2.54B 1 This rule applies to an application made under section 6(1) of the Gender Recognition Act 2004 in respect of a full gender recognition certificate issued by a court under section 5(1) of that Act. 2 The application shall be made to the court which issued the certificate, unless otherwise directed. 3 Where the applicant is— a the person to whom the certificate was issued, the Secretary of State shall be a respondent; b the Secretary of State, the person to whom the certificate was issued shall be a respondent. 4 Where the court issues a corrected gender recognition certificate under section 6(4) of the Gender Recognition Act 2004, the proper officer or chief clerk, as the case may be, shall send a copy of the corrected certificate to the Secretary of State.] ANCILLARY RELIEF Application by petitioner or respondent for ancillary relief 2.55 1 Any application by a petitioner or by a respondent who files an answer claiming relief, for— a an order for maintenance pending suit, aa an order for maintenance pending outcome of proceedings, ] b a financial provision order, c a property adjustment order, d a sharing order,] e a pension compensation sharing order,] shall be made in the petition or answer, as the case may be. 2 Notwithstanding anything in paragraph (1), an application for ancillary relief which should have been made in the petition or answer may be made subsequently— a by leave of the court, either by notice in Form M13 or at the trial, or b where the parties are agreed upon the terms of the proposed order, without leave by notice in Form M13. 3 An application by a petitioner or respondent for ancillary relief, not being an application which is required to be made in the petition or answer, shall be made by notice in Form M13. Application by parent, guardian etc. for ancillary relief in respect of children 2.56 1 Any of the following persons, namely— a a parent or guardian of any child of the family; b any person in whose favour a residence order has been made with respect to a child of the family, and any applicant for such an order; c any other person who is entitled to apply for a residence order with respect to a child; d an authority, where an order has been made under Article 50(1)(a) of the Order of 1995 placing a child in its care; e the Official Solicitor if appointed the guardian ad litem of a child of the family under rule 6.6; and f a child of the family who has been given leave to intervene in the cause for the purpose of applying for ancillary relief, may apply for an order for ancillary relief as respects that child by notice in Form M13. 2 In this rule— “ authority ” has the meaning assigned to it by Article 2(1) and (3) of the Order of 1995; “ residence order ” has the meaning assigned to it by Article 8(1) of the Order of 1995. Application in Form M13 or M14 2.57 Where an application for ancillary relief is made by notice in Form M13 or an application under rule 2.48 is made by notice in Form M14, the notice shall— a if the cause has been set down for trial in [ the county court], be filed in the county court office, or b in any other case be filed in the Matrimonial Office, and within 7 days after filing the notice the applicant shall serve a copy on the respondent to the application. Application for ancillary relief after order of court of summary jurisdiction 2.58 Where an application for ancillary relief is made while there is in force an order of a court of summary jurisdiction for maintenance of a spouse [ , civil partner] or child, the applicant shall file a copy of the order on or before the hearing of the application. Children to be separately represented on certain applications 2.59 1 Where an application is made to the High Court or [ the county court] for an order for a variation of settlement the court shall, unless it is satisfied that the proposed variation does not adversely affect the rights or interest of any child concerned, direct that the child be separately represented on the application, either by a solicitor or by a solicitor and counsel, and may appoint the Official Solicitor or other fit person to be guardian ad litem of the child for the purpose of the application. 2 On any other application for ancillary relief the court may give such a direction or make such appointment as it is empowered to give or make by paragraph (1). 3 Before a person other than the Official Solicitor is appointed guardian ad litem under this rule there shall be filed a certificate by the solicitor acting for the child that the person proposed as guardian has no interest in the matter adverse to that of the child and that he is a proper person to be such guardian. General provisions as to evidence, etc. on application for ancillary relief 2.60 1 A petitioner or respondent who has applied for ancillary relief in his petition or answer and who intends to proceed with the application before the Master shall, subject to rule 2.70, file a notice in Form M15 and within 7 days after doing so serve a copy on the other spouse [ or civil partner]. 2 Where a respondent or a petitioner is served with a notice in Form M13 or M15 in respect of an application for ancillary relief, not being an application to which rule 2.58 applies, then, unless the parties are agreed upon the terms of the proposed order, he shall, within 14 days after service of the notice, file an affidavit in answer to the application containing full particulars of his property and income, and if he does not do so, the court may order him to file an affidavit containing such particulars. 3 Except where the application is for a variation order the applicant shall, within 14 days alter service of any affidavit under paragraph (2) or within such other time as the court may fix, file an affidavit in reply containing full particulars of his property and income. Evidence on application for property adjustment or avoidance of disposition order 2.61 1 Where an application is made for a property adjustment order, or an avoidance of disposition order, the application shall state briefly the nature of the adjustment proposed or the disposition to be set aside and the notice in Form M13 or M15, as the case may be, shall, unless the court otherwise directs, be supported by an affidavit by the applicant stating the facts relied on in support of the application. 2 The affidavit in support shall contain, so far as known to the applicant, full particulars— a in the case of an application for a transfer or settlement of property— i of the property in respect of which the application is made, ii of the property to which the party against whom the application is made is entitled in possession or in reversion; b in the case of an application for a variation of settlement order— i of all settlements— a in a matrimonial cause, whether ante-nuptial or post-nuptial, made on the spouses, or b in a civil partnership cause, whether prior to or after the formation of the civil partnership, and ii of the funds brought into settlement by each spouse or civil partner, as the case may be;] c in the case of an application for an avoidance of disposition order— i of the property to which the disposition relates, ii of the persons in whose favour the disposition is alleged to have been made and, in the case of a disposition alleged to have been made by way of settlement, of the trustees and the beneficiaries of the settlement. 3 Where an application for a property adjustment order or an avoidance of disposition order relates to land, the affidavit in support shall, in addition to containing any particulars required by paragraph (2)— a state if known to the applicant, whether the title to the land is registered or unregistered and, if registered, the Land Registry folio number, b give particulars, so far as known to the applicant, of any mortgage, charge or lien whatsoever on the land or on any interest therein. 4 A copy of Form M13 or M15, as the case may be, together with a copy of the supporting affidavit, shall be served on the following persons as well as on the respondent to the application, that is to say— a in the case of an application for a variation of settlement order, the trustees of the settlement and the settlor if living, b in the case of an application for an avoidance of disposition order, the person in whose favour the disposition is alleged to have been made, c in the case of an application to which paragraph 3 refers, any mortgagee or chargee or person who claims a lien on the property of whose interest particulars are given pursuant to that paragraph, and such other persons, if any, as the Master may direct. 5 Any person served with notice of an application to which this rule applies may, within 14 days after service, file an affidavit in answer. Evidence on application for variation order 2.62 An application for a variation order shall be supported by an affidavit by the applicant setting out full particulars of his property and income and the grounds on which the application is made. Service of affidavit in answer or reply 2.63 1 A person who files an affidavit for use on an application under rule 2.60, 2.61 or 2.62 shall at the same time serve a copy on the opposite party and, where the affidavit contains an allegation of adultery or of improper conduct with a named person, then, unless the court otherwise directs, it shall be indorsed with a notice in Form M16, and a copy of the affidavit or of such part thereof as the court may direct, indorsed as aforesaid, shall be served on that person by the person who files the affidavit, and the person against whom the allegation is made shall be entitled to intervene in the proceedings by applying for directions under rule 2.64(6) within 7 days after service of the affidavit on him. 2 Rule 2.35(3) shall apply to a person served with an affidavit under paragraph (1) of this rule as it applies to a co-respondent. Investigation by Master of application for ancillary relief 2.64 1 On or after the filing of a notice in Form M13 or M15 an appointment shall be fixed for the hearing of the application by the Master. 2 An application for an avoidance of disposition order shall, if practicable, be heard at the same time as any related application for financial relief. 3 Notice of the appointment, unless given in Form M13 or M15 (as the case may be) shall be given to every party to the application. 4 Any party to an application for ancillary relief may by letter require any other party to give further information concerning any matter contained in any affidavit filed by or on behalf of that other party or any other relevant matter, or to furnish a list of relevant documents or to allow inspection of any such document, and may, in default of compliance by such other party, apply to the Master for directions. 5 At the hearing of an application for ancillary relief the Master shall, subject to rules 2.65 and 2.66, investigate the allegation made in support of and in answer to the application, and may take evidence orally and may at any stage of the proceedings, whether before or during the hearing, order the attendance of any person for the purpose of being examined or cross-examined, and order the discovery and production of any document or require further affidavits. 6 The Master may at any stage of the proceedings give directions as to the filing and service of pleadings and as to the further conduct of the proceedings. 7 Where any party to such an application intends on the day appointed for the hearing to apply only for directions, he shall file and serve on every other party a notice to that effect. Order on application for ancillary relief 2.65 1 Subject to rule 2.66, the Master shall, after completing his investigation under rule 2.64, make such order as he thinks just. 2 Pending the final determination of the application, the Master may make an interim order upon such terms as he thinks just. Reference of application to judge 2.66 The Master may at any time refer an application for ancillary relief, or any question arising thereon, to the judge for his decision. Transfer of application for ancillary relief general provisions 2.67 1 If [ the county court] considers that an application for ancillary relief pending in that court gives rise to a contested issue of conduct of a nature which is likely materially to affect the question whether any, or what, order should be made therein and that for that reason the application should be transferred to the High Court, the court shall, subject to paragraph (5), make an order for transfer accordingly and, where an application is transferred to the High Court under this paragraph, it shall be heard by a judge. 2 Where an application for ancillary relief is pending in [ the county court] and the parties to the proceedings consent to the making of an order for the transfer of the application to the High Court, an application for that purpose may be made to the Master who shall, subject to paragraph (5), either order the transfer or refer the application to the judge for his decision. 3 Without prejudice to paragraph (1) and (2), the court in which an application for ancillary relief is pending may, if it is [ the county court], order the transfer of the application to the High Court or, if it is the High Court, order the transfer of the application to [ the county court], where the transfer appears to the court to be desirable. 4 The judge before hearing and the Master before investigating under rule 2.64 an application for ancillary relief pending in [ the county court] shall consider whether the case is one in which the court should exercise any of its powers under paragraph (1) or (3). 5 In considering whether an application should be transferred from [ the county court] to the High Court or from the High Court to [ the county court], the court shall have regard to all relevant considerations, including the nature and value of the property involved and the relief sought. 6 Where a decree nisi [ or conditional order] has been pronounced in the cause, the court shall, before making an order for the transfer of the application to the Court, consider whether it would be more convenient to transfer the cause to the High Court under rule 2.32. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 An order under paragraph (1) or (3) may be made by the court of its own motion or on the application of a party, but before making an order of its own motion the court shall give the parties an opportunity of being heard, and for that purpose shall cause notice to be given to the parties of the date, time and place at which the question will be considered. Transfer for purpose of expedition 2.68 Without prejudice to the last foregoing rule, a judge or Master may, on the application of a party or of his own motion, order that an application for ancillary relief pending in the High Court or [ the county court] shall be transferred to [ the county court] or the High Court if he is of opinion that the transfer is desirable for the purpose of expediting the hearing of the application. Arrangements for hearing of application etc. by judge 2.69 1 Where an application for ancillary relief or any question arising thereon has been referred or adjourned to the judge, the proper officer or chief clerk, as the case may be, shall fix a date and time for the hearing of the application or the consideration of the question and give notice thereof to all parties. 2 The hearing or consideration shall, unless the judge otherwise directs, take place in chambers. 3 [In a matrimonial cause where ] the application is proceeding in a ... county court, the hearing or consideration may be transferred to such county court as, in the opinion of the Master, is the most convenient. 4 In a civil partnership cause, where an application is proceeding in a ... county court, the hearing or consideration may be transferred to such county court as, in the opinion of the Master, is the most convenient. ] Request for periodical payments order at same rate as order for maintenance pending suit [or outcome of proceedings ] 2.70 1 Where at or after the date of a decree nisi of divorce or nullity of marriage [ or a conditional order of dissolution or nullity of civil partnership] an order for maintenance pending suit [ or maintenance pending outcome of proceedings, as the case may be,] is in force, the party in whose favour the order was made may, if he has made an application for an order for periodical payments for himself in his petition or answer, as the case may be, request the Master in writing to make such an order (in this rule referred to as a “ corresponding order ”) providing for payments at the same rate as those provided for by the order for maintenance pending suit [ or outcome of proceedings]. 2 Where such a request is made, the applicant shall serve on the other spouse [ or civil partner, as the case may be,] a notice in Form M17 requiring him, if he objects to the making of a corresponding order, to give notice to that effect to the proper officer or chief clerk, as the case may be, and to the applicant, within 14 days after service of the notice in Form M17. 3 If the other spouse [ or civil partner] does not give notice of objection within the time aforesaid the Master may make a corresponding order without further notice to that spouse [ or civil partner] and without requiring the attendance of the applicant or his solicitor. Application for order under Article 39(2)(a) of the Order of 1978 [ or paragraph 67(2) of Schedule 15 to the Act of 2004] 2.71 1 An application under Article 39(2)(a) of the Order of 1978 [ or paragraph 67(2) of Schedule 15 to the Act of 2004] for an order restraining any person from attempting to defeat a claim for financial provision or otherwise for protecting the claim may be made to the Master. 2 Rules 2.66 and 2.69 shall apply, with the necessary modifications, to the application as if it were an application for ancillary relief. Consent orders 2.72 1 Subject to paragraphs (2) and (3) [ , and rule 8.65], there shall be lodged with every application for a consent order under any [ Articles 25, 26, 26A)] [ ,26D] or 29 of the Order of 1978 [ or Parts 1, 2, 3 [ , 3A] and 8 of Schedule 15 to the Act of 2004], a draft of the order in the terms sought, endorsed with a statement signed by the respondent to the application signifying his agreement, and a statement of information which may be made in more than one document and shall include: a particulars of the duration of the marriage [ or civil partnership], the age of each party and of any minor or dependant child of the family; b an estimate in summary form of the approximate amount or value of the capital resources and net income of each party and of any minor child of the family; c what arrangements are intended for the accommodation of each of the parties and any minor child of the family; d whether either party has subsequently married or formed a civil partnership or has any present intention to do so or to cohabit with another person;] dd Where the order includes provision to be made under Article 26A, 26D, 27B or 27C of the Order of 1978 or under paragraphs 10, 14A, 20 and 21 of Schedule 15 to the Act of 2004, a statement confirming that the person responsible for the pension arrangement or the Board that has assumed responsibility for the pension arrangement in question has been served with the documents required by rule 2.73(11) or (12) or rule 2.73B(11) or (12) as the case may be and that no objection to such an order has been made by that person or by that Board within 21 days from such service.] e where the terms of the order provide for a transfer of property, a statement confirming that any mortgagee of that property has been served with notice of the application and that no objection to such a transfer has been made by the mortgagee within 14 days from such service; and f any other especially significant matters. 2 Where an application is made for a consent order varying an order for periodical payments, paragraph (1) shall be sufficiently complied with if the statement of information required to be lodged with the application includes only the information in respect of net income mentioned in paragraph (1)(b), and an application for a consent order for interim periodical payments pending the determination of an application for ancillary relief may be made in like manner. 3 Where the parties attend the hearing of an application for financial relief the court may dispense with the filing of a draft of the order and a statement of information in accordance with paragraph (1) and give directions for: a the order to be drawn; and b the information which would otherwise be required to be given, in such manner as it sees fit. [ Pensions 2.73 1 This rule applies where an application for ancillary relief has been made, or notice of intention to proceed with an application has been given, in Form M13 or M15, as the case may be, and the applicant or respondent has or is likely to have any benefits under a pension arrangement. 2 Within seven days of the notice in Form M13 or M15, as the case may be, having been filed— a in a matrimonial cause, the party with pension rights, and b in a civil partnership cause, the civil partner with pension rights, shall request the person responsible for each pension arrangement under which he has or is likely to have benefits to furnish the information referred to in regulation 2(2) and (3)(b) to (f) of the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000 .] 3 Within seven days of receiving information under paragraph (2) the party with pension rights [ or the civil partner with pension rights, as the case may be,] shall send a copy of it to the other party [ or other civil partner], together with the name and address of the person responsible for each pension arrangement. 4 A request under paragraph (2) above need not be made where the party with pension rights [ or the civil partner with pension rights] is in possession of, or has requested, a relevant valuation of the pension rights or benefits accrued under the pension arrangement in question. 5 In this rule, a relevant valuation means a valuation of pension rights or benefits as at a date to be specified by the court (being not earlier than one year before the date of the petition and not later than the date on which the court is exercising its power), which has been furnished or requested [ for the purpose of] any of the following provisions:— a the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000; b regulation 5 of, and Schedule 2 to, the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997 and regulation 1] of, and Schedule 1 to, the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996 ; c section 89A or 90(1)(a) or (aa) of the Pension Schemes (Northern Ireland) Act 1993 ; d section 90(1)(b) of the Pension Schemes (Northern Ireland) Act 1993 or paragraph 2(1) (or, where applicable, 2(2)) of Schedule 2 to the Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987 ). 6 As soon as practicable after making or giving notice of intention to proceed with an application for ancillary relief [ which includes a request for a pension sharing order or upon adding such a request] to an existing application for ancillary relief, the applicant shall send to the person responsible for the pension arrangement concerned a copy of the notice in Form M13 or M15, as the case may be. 7 As soon as practicable after making or giving notice of intention to proceed with an application for ancillary relief [ which includes a request for a pension attachment order, or upon adding such a request] to an existing application for ancillary relief, the applicant shall send to the person responsible for the pension arrangement concerned— a a copy of the notice in Form M13 or M15, as the case may be; b an address to which any notice which the person responsible is required to serve on the applicant under the Divorce etc. (Pensions) Regulations (Northern Ireland) 2000 [or the Dissolution etc. (Pensions) Regulations (Northern Ireland) 2005 , as the case may be, ] is to be sent; c an address to which any payment which the person responsible is required to make to the applicant is to be sent; and d where the address in sub-paragraph (c) is that of a bank, a building society or the Department of National Savings, sufficient details to enable payment to be made into the account of the applicant. 8 A person responsible for a pension arrangement on whom a copy of a notice under paragraph (6) or (7) is served may, within 21 days after service, require [ the party with pension rights or the civil partner with pension rights, as the case may be,] to provide him with an affidavit supporting his application, and [ that party or civil partner] must then provide that person with a copy within 21 days. 9 A person responsible for a pension arrangement who receives an affidavit as required pursuant to paragraph (8) may within the 21 days after receipt send to the court and [ the party with pension rights or the civil partner with pension rights, as the case may be,] an affidavit in answer. 10 A person responsible for a pension arrangement who files an affidavit in answer pursuant to paragraph (9) may file therewith a notice to the court requiring an appointment to be fixed, and where such a notice is filed— i the proper officer or chief clerk shall fix an appointment for the hearing or further hearing of the application and shall give not less than 14 days’ notice of that appointment to [ the party with pension rights or the civil partner with pension rights, as the case may be,] the respondent and the person responsible for the pension arrangement; and ii the person responsible for the pension arrangement shall be entitled to be represented at such hearing. 11 Where the parties [ ...] have agreed on terms of an order [ which includes a pension sharing order], then, unless service has been effected under paragraph (6), they shall serve on the person responsible for the pension arrangement concerned the notice of application for a consent order under rule 2.72(1) and a draft of the proposed order complying with paragraph (14) below. 12 Where the parties have agreed on the terms of an order [ which includes a pension attachment order], then unless service has already been effected under paragraph (7), they shall serve on the person responsible for the pension arrangement concerned— a the notice of application for a consent order under rule 2.72(1); b a draft of the proposed order complying with paragraph (14) below; and c the particulars set out in sub-paragraphs (b), (c) and (d) of paragraph (7). 13 No consent order under paragraph (11) or (12) shall be made unless either— a the person responsible for the pension arrangement has not made any objection within 21 days after the service on him of such notice; or b the court has considered any such objection and for the purpose of considering any objection the court may make such directions as it sees fit for the person responsible to attend before it or to furnish written details of his objection. 14 An order for ancillary relief, whether by consent or not, [ which includes a pension sharing order or a pension attachment order], shall— a in the body of the order, state that there is to be provision by way of pension sharing or pension attachment in accordance with the annexe or annexes to the order; and b be accompanied by an annexe containing the information set out in paragraph (15) or paragraph (16) as the case may require, and if provision is made in relation to more than one pension arrangement there shall be one annexe for each pension arrangement. 15 [Where an order for ancillary relief includes provision by way of pension sharing ], the annexe shall state— a the name of the court making the order, together with the case number and the title of the proceedings; b that it is a pension sharing order made under Part III of the Order of 1978[ or Part 3 of Schedule 15 to the Act of 2004;] c the names of the transferor and the transferee; d the national insurance number of the transferor: e sufficient details to identify the pension arrangement concerned and the transferor’s rights or benefits from it (for example a policy reference number); f the specified percentage, or where appropriate the specified amount, required in order to calculate the appropriate amount for the purposes of Article 26(1) of the Order of 1999 (creation of pension debits and credits); g how the pension sharing charges are to be apportioned between the parties or alternatively that they are to be paid in full by the transferor; h that the person responsible for the pension arrangement has furnished the information required by regulation 4 of the Pensions on Divorce (Provision of Information) Regulations (Northern Ireland) 2000 and that it appears from that information that there is power to make an order including provision [ by way of pension sharing]; i the day on which the order or provision takes effect; and j that the person responsible for the pension arrangement concerned must discharge his liability in respect of the pension credit within a period of 4 months beginning with the day on which the order or provision takes effect or, if later, the first day on which the person responsible for the pension arrangement concerned is in receipt of— i the order for ancillary relief, including the annexe; ii in a matrimonial cause, the decree of divorce or nullity of marriage or, in a civil partnership cause, the conditional order of dissolution or nullity of the civil partnership;] iii the information prescribed by regulation 5 of the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000; provided that if the court knows that the implementation period is different from that stated in sub-paragraph (j) by reason of regulations under Article 31(4) or 38(2)(a) of the Order of 1999, the annexe shall contain details of the implementation period as determined by those regulations instead of the statement in sub-paragraph (j); k where the order is made by consent, that no objection has been made by the person responsible for the pension arrangement, or that an objection has been received and considered by the court, as the case may be. 16 [Where an order for ancillary relief includes provision by way of pension attachment ], the annexe shall state— a the name of the court making the order, together with the case number and the title of the proceedings; b that it is an order making provision under Article 27B or 27C, as the case may be, of the Order of 1978 [ or paragraph 20 or 21 of Schedule 15 to the Act of 2004]; c the names of the party with pension rights [ or the civil partner with pension rights] and the other party [ or other civil partner]; d the national insurance number of the party with pension rights [ or the civil partner with pension rights]; e sufficient details to identify the pension arrangement concerned and the rights or benefits from it to which the party with pension rights [ or the civil partner with pension rights] is or may become entitled (for example a policy reference number); f in the case of an order including provision under Article 27B(4) of the Order of 1978 [ or paragraph 20(2) of Schedule 15 to the Act of 2004], what percentage of any payment due to the party with pension rights [ or the civil partner with pension rights] is to be paid for the benefit of the other party [ or other civil partner]; g in the case of an order including any other provision under Article 27B or 27C of the Order of 1978 [ or paragraph 20 or 21 of Schedule 15 to the Act of 2004], what the person responsible is required to do; h the address to which any notice which the person responsible for the pension arrangement is required to serve on the other party under the Divorce etc. (Pensions) Regulations 2000 [ or the other civil partner under The Dissolution etc. (Pensions) Regulations (Northern Ireland) 2005] is to be sent, if not notified under paragraph (7)(b); i an address to which any payment which the person responsible is required to make to the other party [ or the other civil partner] is to be sent, if not notified under paragraph (7)(c); [ ...] j where the address in sub-paragraph (i) is that of a bank, a building society or the Department of National Savings, sufficient details to enable payment to be made into the account of the other party [ or the other civil partner], if not notified under paragraph (7)(d); k where the order is made by consent, that no objection has been made by the person responsible for the pension arrangement, or that an objection has been received and considered by the court, as the case may be. 17 A court which makes, varies or discharges [ a pension sharing order or a pension attachment order], shall send [ , or direct one of the parties to send] to the person responsible for the pension arrangement concerned— a a copy of— i the making of the relevant pension sharing or pension attachment order; or ii in a civil partnership cause, the conditional order of dissolution, nullity of civil partnership or the order of separation;] b in the case of— i divorce or nullity of marriage, a copy of the certificate under rule 2.54 that the decree has been made absolute; or ii dissolution or nullity of civil partnership, a copy of the certificate under rule 2.54 that the conditional order has been made final; and] c a copy of that order, or as the case may be of the order varying or discharging that order, including any annexe to that order relating to that pension arrangement but no other annexe to that order. 18 The documents referred to in paragraph (17) shall be sent— a in a matrimonial cause, within 7 days after— i the making of the relevant order; or ii the decree absolute of divorce or nullity or decree of judicial separation, whichever is the later; and b in a civil partnership cause, within 7 days after— i the making of the relevant order; or ii the final order of dissolution or nullity or order of separation, whichever is the later. ] 19 In this rule— a [in a matrimonial cause, ] all words and phrases defined in Article 27D(3) and (4) of the Order of 1978 have the meanings assigned by those paragraphs; [ ...] aa in a civil partnership cause, all the words and phrases defined in paragraphs 11(4) and (5) and 24 of Schedule 15 to the Act of 2004 have the meanings assigned by those paragraphs; ] b all words and phrases defined in Article 43 of the Order of 1999 have the meanings assigned by that Article.] c pension sharing order means— i in a matrimonial cause, an order making provision under Article 26A of the Order of 1978; and ii in a civil partnership cause, an order making provision under paragraph 10 of Schedule 15 to the Act of 2004; and d pension attachment order means— i in a matrimonial cause, an order making provision under Article 27B or 27C of the Order of 1978; and ii in a civil partnership cause, an order making provision under paragraphs 20 and 21 of Schedule 15 to the Act of 2004. ] [ Pension Protection Fund 2.73A 1 This rule applies where— a rule 2.73 applies; and b the party with pension rights or the civil partner with pension rights (“the member”) receives or has received notification in compliance with the Pension Protection Fund (Provision of Information) Regulations (Northern Ireland) 2005 (“ the 2005 Regulations ”)— i from the person responsible for the pension arrangement that there is an assessment period in relation to the pension arrangement; or ii from the Board that it has assumed responsibility for the pension arrangement, or part of it. 2 If the person responsible for the pension arrangement notifies or has notified the member that there is an assessment period in relation to the pension arrangement, the member shall send to the other party or other civil partner— a a copy of the notification; and b a copy of the valuation summary, in accordance with paragraph (3). 3 The member shall send the documents referred to in paragraph (2)— a if available, when he sends the information under rule 2.73(2); or b otherwise, within 7 days of receipt. 4 If— a the pension arrangement is in an assessment period; and b the Board notifies the member that it has assumed responsibility for the pension arrangement, or part of it, the member shall— i send a copy of the notification to the other party or other civil partner within 7 days of receipt and ii comply with paragraph (5). 5 Where paragraph (4) applies, the member shall— a within 7 days of receipt of the notification, request the Board in writing to provide a forecast of his compensation entitlement as described in the Table in paragraph 1(2) of Schedule 1 to the 2005 Regulations; and b send a copy of the forecast of his compensation entitlement to the other party or other civil partner within 7 days of receipt. 6 In this rule— a in a matrimonial cause, all words and phrases defined in Article 27E(9) of the Order of 1978 have the meanings assigned by that paragraph; b in a civil partnership cause, all words and phrases defined in paragraph 32 of Schedule 15 to the Act of 2004 have the meanings assigned by that paragraph; and c “ valuation summary ” has the meaning assigned to it by paragraph 1(1) of Schedule 2 to the 2005 Regulations. 7 Paragraph (19) of rule 2.73 shall apply to this rule as it applies to rule 2.73.] [ Pension Protection Fund Compensation 2.73B 1 This rule applies where an application for ancillary relief has been made, or notice of intention to proceed with an application has been given, in Form M13 or M15, as the case may be, and the applicant or respondent is the party with compensation rights. 2 In this rule— a “party with compensation rights”— i in proceedings under the Order of 1978 and the Order of 1989, has the meaning given to it by Article 27G(4) of the Order of 1978; ii in proceedings under the Act of 2004, has the meaning given to “civil partner with compensation rights” by paragraph 32(1) of Schedule 15 to the Act of 2004; b in a matrimonial cause, all words and phrases defined in Article 23C and 27G(4) of the Order of 1978 have the meanings assigned by those Articles; c in a civil partnership cause, all the words and phrases defined in paragraphs 14F and 32 of Schedule 15 to the Act of 2004 have the meanings assigned by those paragraphs; d pension compensation sharing order means— i in a matrimonial cause, an order making provision under Article 23B of the Order of 1978; and ii in a civil partnership cause, an order making provision under paragraph 14B of Schedule 15 to the Act of 2004; e pension compensation attachment order means— i in a matrimonial cause, an order making provision under Article 27F of the Order of 1978; and ii in a civil partnership cause, an order making provision under paragraph 29A of Schedule 15 to the Act of 2004. 3 Within seven days of the notice in Form M13 or M15, as the case may be, having been filed the party with compensation rights, shall request the Board of the Pension Protection Fund (“the Board”) to provide the information about the valuation of entitlement to Pension Protection Fund (“PPF”) compensation referred to under regulation 4 of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011. 4 Within seven days of receiving information under paragraph (3) the party with compensation rights shall send a copy of it to the other party together with the name and address of the person responsible for each pension scheme. 5 Where the rights to PPF compensation are derived from rights under more than one pension scheme, the party with compensation rights must comply with this rule in relation to each entitlement. 6 As soon as practicable after making or giving notice of intention to proceed with an application for ancillary relief which includes a request for a pension compensation sharing order or upon adding such a request to an existing application for ancillary relief, the applicant shall send to the Board a copy of the notice in Form M13 or M15, as the case may be. 7 As soon as is practicable after making or giving notice of intention to proceed with an application for ancillary relief which includes a request for a pension compensation attachment order, or upon adding such a request to an existing application for ancillary relief, the applicant must serve a copy of the notice in Form M13 or M15, as the case may be on the Board and must at the same time send— a an address to which any notice which the Board is required to serve on the applicant is to be sent; b an address to which any payment which the Board is required to make to the applicant is to be sent; and c where the address is sub-paragraph (b) is that of a bank, a building society or the Department of National Savings, sufficient details to enable the payment to be made into the account of the applicant. 8 A Board on which a copy of a notice under paragraph (6) or (7) is served may, within 21 days after service, require the party with compensation rights to provide it with an affidavit supporting the application and that party must then provide that Board with a copy within 21 days. 9 A Board which receives an affidavit as required pursuant to paragraph (8) may within 21 days after receipt send to the court and the party with compensation rights an affidavit in answer. 10 A Board which files an affidavit in answer pursuant to paragraph (9) may file a notice to the court requiring an appointment to be fixed, and where such a notice is filed— a the proper officer or chief clerk shall fix an appointment for the hearing or further hearing of the application and shall give not less than 14 days’ notice of that appointment to the party with pension compensation rights, the respondent and the Board; and b the Board shall be entitled to be represented at such hearing. 11 Where the parties have agreed on terms of an order and the agreement includes a pension compensation sharing order, then, unless service has been effected under paragraph (6) above, they shall serve on the Board the notice of application for a consent order under rule 2.72(1) and a draft of the proposed order complying with paragraph (14) below. 12 Where the parties have agreed on the terms of an order and the agreement includes a pension compensation attachment order, then, unless service has been effected under paragraph (7), they shall serve on the Board— a a copy of the application for a consent order under rule 2.72(1); b a draft of the proposed order, complying with paragraph (14) below; and c the particulars set out in sub-paragraphs (a), (b) and (c) of paragraph (7). 13 No consent order under paragraph (11) or (12) shall be made unless either— a the Board has not made any objection within 21 days after the service on it of such notice; or b the court has considered any such objection and for the purpose of considering any objection the court may make such directions as it sees fit for the Board to attend before it or to furnish written details of its objection. 14 An order for ancillary relief, whether by consent or not, which includes a pension compensation sharing order or a pension compensation attachment order, shall— a in the body of the order, state that there is to be provision by way of pension compensation sharing or pension compensation attachment in accordance with the annexe or annexes to the order; and b be accompanied by an annexe containing the information set out in paragraph (15) or paragraph (16) as the case may require, and if provision is made in relation to entitlement to PPF compensation that derives from rights under more than one pension scheme there must be one annexe for each such entitlement. 15 Where an order for ancillary relief includes provision by way of pension compensation sharing, the annexe shall state— a the name of the court making the order, together with the case number and the title of the proceedings; b that it is a pension compensation sharing order made under Article 26D of the Order of 1978 or paragraph 14A of Schedule 15 to the Act of 2004; c the names of the transferor and the transferee; d the national insurance numbers of the transferor and the transferee; e the dates of birth of the transferor and transferee; f the addresses of the transferor and transferee; g the name of the pension scheme for which the Board assumed responsibility and to which the pension compensation relates or sufficient details to identify the pension compensation concerned; h the specified percentage of the member’s cash equivalent valuation (CEV) to be transferred; i how the pension compensation sharing charges are to be apportioned between the parties or alternatively that they are to be paid in full by the transferor; j that the Board has furnished the information required by regulation 5 of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011 and that it appears from that information that there is power to make an order including provision by way of pension compensation sharing; k the day on which the order takes effect; and l that the Board must discharge its liability within a period of 4 months beginning with the day on which the order takes effect or, if later, the first day on which the Board is in receipt of— i the pension compensation sharing order, including the annexe. ii in a matrimonial cause, the decree of divorce or nullity of marriage or, in a civil partnership cause, the conditional order of dissolution or nullity of the civil partnership; iii the information prescribed by regulation 5 of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011; iv payment of all outstanding charges requested by the pension scheme; provided that if the court knows that the implementation period is different from that stated in sub-paragraph (1) by reason of regulations made under Article 27G of the Order of 1978, the annexe shall contain details of the implementation period as determined by those regulations instead of the statement in sub-paragraph (1): m where the order is made by consent, that no objection has been made by the Board, or that an objection has been received and considered by the court, as the case may be. 16 Where an order for ancillary relief includes provision by way of pension compensation attachment, the annexe shall state— a the name of the court making the order, together with the case number and the title of proceedings; b that it is a pension compensation attachment order under Article 27F of the Order of 1978 or paragraph 29A of Schedule 15 to the Act of 2004; c the names of the party with pension compensation rights and the other party; d the national insurance number of the party with pension compensation rights; e the name of the pension scheme for which the Board assumed responsibility and to which the pension compensation relates or sufficient details to identify the PPF compensation; f in the case of an order including provision under Article 27F of the Order of 1978 or paragraph 29 of Schedule 15 to the Act of 2004, what percentage of any payment due to the party with pension compensation rights is to be paid for the benefit of the other party; g in the case of an order including provision under Article 27F(5) of the Order of 1978 or paragraph 29A(5) of Schedule 15 to the Act of 2004, what percentage of the maximum lump sum available is to be commuted and the specified percentage of the commuted sum which is to be paid to the spouse or former spouse of the party with PPF compensation rights or the civil partner or former civil partner with PPF compensation rights; h an address to which any payment which the Board is required to make under the PPF compensation to the other party is to be sent; i where the address in sub-paragraph (h) is that of a bank, a building society or the Department of National Savings, sufficient details to enable payment to be made into the account of the other party; j where the order is made by consent, that no objection has been made by the Board, or that an objection has been received and considered by the court, as the case may be. 17 A court which makes, varies or discharges a pension compensation sharing order or a pension compensation attachment order, must send or direct one of the parties to send to the Board— a a copy of— i the making of the relevant pension compensation sharing or pension compensation attachment order; or ii in a civil partnership cause, the conditional order of dissolution, nullity of civil partnership or the order of separation; b in the case of— i divorce or nullity of a marriage, a copy of the certificate under rule 2.54 that the decree has been made absolute; or ii dissolution or nullity of civil partnership, a copy of the certificate under rule 2.54A that the conditional order has been made final; and c a copy of the pension compensation sharing order or the pension compensation attachment order, or as the case may be of the order varying or discharging that order, including any annexe to that order relating to that PPF compensation but no other annexe to that order. 18 The documents referred to in paragraph (17) shall be sent— a in a matrimonial cause within 7 days after— i the relevant pension compensation sharing or pension compensation attachment order is made; or ii the decree absolute of divorce or nullity or decree of judicial separation, whichever is the later; and b in a civil partnership cause, within 7 days after— i the relevant pension compensation sharing or pension compensation attachment order is made; or ii the final order of dissolution or nullity or separation order is made, whichever is the later.] PART III OTHER FAMILY PROCEEDINGS Application by spouse [ or civil partner] for failure to maintain 3.1 1 [An application under Article 29 of the Order of 1978 by a party to a marriage or under Part 8 of Schedule 15 to the Act of 2004 by a party to a civil partnership who alleges that the other party to the marriage or the civil partnership, as the case may be ]— a has failed to provide reasonable maintenance for the applicant, or b has failed to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family, shall be made by originating summons in Form M18. Such summons shall be issued out of— i the Matrimonial Office in relation to applications to the High Court; ii a county court office, in relation to applications to a county court. 2 There shall be filed in support of the summons an affidavit by the applicant which shall state— a the names of the parties to the marriage, the place and date of the marriage [ , or the names of the parties to the civil partnership and the place at and date on which they formed their civil partnership, as the case may be]: b the names of each child and his date of birth, or if it be the case that he is over 18 years of age, and in the case of each minor child over the age of 16 years whether he is, or will be, or if an order for provision were made would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation and the person with whom any such child is residing: c if there have been any previous proceedings in any court in Northern Ireland or elsewhere with reference to the marriage [ or civil partnership] or children of the [ family] or between the applicant and respondent with reference to any property of either or both of them, the date and effect of any [ decree, civil partnership order or other order], and in the case of proceedings in reference to the marriage [ or civil partnership] if there has been any resumption of cohabitation since the making of the [ decree, civil partnership order or other order] : d Where the application is for periodical payments or secured periodical payments for a child— i whether the application is— for a stepchild; in addition to child support maintenance already payable under a Child Support Agency assessment; to meet expenses arising from a child’s disability; to meet expenses incurred by a child being educated or trained for work; or made on some other specified ground; ii if the child or the person with care of the child or the absent parent of the child is not habitually resident in the United Kingdom; e particulars of the alleged failure to maintain; f whether there are or have been any proceedings in the Child Support Agency with reference to the maintenance of each child and if so the details of those proceedings; g the means of the applicant and the respondent; h the facts upon which it is claimed that the court has jurisdiction to entertain the proceedings. 3 If the proper officer or chief clerk, as the case may be, does not consider it practicable to fix a day for the hearing of the application at the time when it is issued he may do so subsequently and in that case he shall forthwith give notice of the day to all parties. 4 Within 21 days after the time limited for giving notice of intention to defend, the respondent shall, if he intends to contest the application, file an affidavit in answer setting out the grounds on which he relies (including any allegation which he wishes to make against the applicant), and shall in any case, unless the court otherwise directs, file an affidavit containing full particulars of his property and income and serve a copy of the affidavit on the applicant. 5 [In matrimonial proceedings, where ] the respondent’s affidavit alleges adultery the alleged adulterer shall, unless the court otherwise directs, be made a party cited and be served with a copy of the affidavit, with notice in Form M19, and rule 2.8 shall apply, with the necessary modifications, as if the affidavit were a petition and the party cited were a co-respondent. 6 A party cited who wishes to defend all or any of the charges made against him shall within 21 days after the time limited for giving notice of intention to defend, file an affidavit in answer and serve a copy of the affidavit on the respondent. 7 If the respondent does not file an affidavit in accordance with paragraph (4), the court may order him to file an affidavit containing full particulars of his property and income and serve a copy of any such affidavit on the applicant. 8 Within 14 days after being served with a copy of any affidavit in answer filed by the respondent the applicant may file an affidavit in reply and serve a copy on the respondent and on any party cited. No further affidavit shall be filed without leave. Transfer to High Court of applications under rule 3.1 3.2 1 Where it appears to [ the county court] that the respondent intends to contest an application under the last foregoing rule on the ground that— a by reason of the applicant’s conduct or otherwise the respondent is not liable to maintain the applicant, or b no court in Northern Ireland has jurisdiction to entertain the application, the court shall order that the application be transferred to the High Court. Hearing of applications under rule 3.1 3.3 1 Without prejudice to the provisions of rule 3.2, rules 2.67 (except paragraphs (5) and (7) thereof) and 2.68 shall apply with the necessary modifications to an application for an order under Article 29 of the Order of 1978 [ or Part 8 of Schedule 15 to the Act of 2004] as if the application were an application for ancillary relief. 2 The application shall be heard by a judge in chambers, and, if the application is to [ the county court], the hearing shall be fixed to take place at such court as in the opinion of the chief clerk is the most convenient. 3 On the hearing of the application the judge may make such order as he thinks just or may refer the application (except any application under Article 8 of the Order of 1995), or any application for an order under Article 29(5) of the Order of 1978 [ or paragraph 34(3) of Schedule 15 to the Act of 2004, as the case may be,] to the Master for him to investigate the means of the parties to the marriage [ or civil partnership]. 4 Where an application is referred to the Master under paragraph (3), the proper officer or the chief clerk, as the case may be, shall fix an appointment for the hearing of the application and thereupon the provisions of these Rules relating to ancillary relief shall apply except that where the judge has not made a finding that there has been wilful neglect to maintain— a the Master shall, after completing his investigation under rule 2.64, report the result thereof in writing to a judge to whom the application shall be adjourned; b the Master’s report shall contain an estimate of the financial relief to which, in his opinion, the applicant would be entitled if the application were granted; c the Master’s report shall be filed and any party shall be entitled to inspect the report and to be supplied with a copy of it on payment of the prescribed fee. 5 Where a person has been made a party cited, the judge may, if after the close of the evidence on the part of the respondent he is of opinion that there is not sufficient evidence against the party cited, dismiss him from the proceedings. 6 Subject to the provisions of this rule and of rules 3.1 and 3.2, these Rules shall, so far as applicable, apply with the necessary modifications to an application under Article 29 of the Order of 1978 [ or Part 8 of Schedule 15 to the Act of 2004, as the case may be] as if— a the application were a cause, and b the originating summons were a petition and the applicant the petitioner. Application for alteration of maintenance agreement during lifetime of parties 3.4 1 An application to the court under Article 37 of the Order of 1978 [ or under paragraph 62 of Schedule 15 to the Act of 2004] for the alteration of a maintenance agreement during the lifetime of the parties shall be made by originating summons in accordance with Form M20. 2 The application may be filed in the Matrimonial Office or a county court office and may be heard and determined by the Master. 3 There shall be filed in support of the summons an affidavit by the applicant exhibiting a copy of the agreement and stating— a the residence of the parties to the agreement at the date of the application and, unless both parties are then resident in Northern Ireland, their domicile at that date; b the date and place of the marriage between the parties to the agreement, or the place at the date on which they formed their civil partnership, as the case may be;] c the full names (including surnames) of any children of the family and of any other children for whom the agreement makes financial arrangements and— i the date of birth of each child, now living or, if it be the case, that he is over 18 years of age, and, in the case of each minor over 16 years of age, whether he is or will be, or if an order or provision were made would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation and the place where and the person with whom any minor child is residing; ii the date of death of any such child who has died since the agreement was made; d whether there have been any previous proceedings in any court with reference to the agreement or to the marriage [ or civil partnership, as the case may be;] or to any child of the family or of the other children for whom the agreement makes financial arrangements or between the applicant and respondent with reference to any property of either or both of them, and the date and effect of any order made; e whether there are or have been any proceedings in the Child Support Agency with reference to the maintenance of each child and if so the details of those proceedings; f the means of the applicant and the other party to the agreement insofar as they are within the applicant’s knowledge or belief; g the nature of the alteration of the agreement sought and the facts alleged by the applicant to justify the alterations. 4 A copy of the affidavit shall be served on the respondent with the summons. 5 The respondent shall, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application containing full particulars of his property and income and, if he does not do so, the court may order him to file an affidavit containing such particulars. 6 A respondent who files an affidavit under paragraph (5) shall serve a copy on the applicant. Application for alteration of maintenance agreement after death of one party 3.5 1 An application under Article 38 of the Order of 1978 [ or under paragraph 66 of Schedule 15 to the Act of 2004] for the alteration of a maintenance agreement after the death of one of the parties to it shall be made by originating summons in Form M21. 2 The application may be filed in the Matrimonial Office or a county court office and may be heard and determined by the Master. 3 There shall be filed in support of the summons an affidavit by the applicant exhibiting a copy of the agreement and an office copy of the grant of representation to the deceased’s estate and of every testamentary document admitted to proof. 4 The affidavit referred to in paragraph (2) shall state— a whether the deceased died domiciled in Northern Ireland; b the place and date of the marriage between the parties to the agreement, or the place at and date on which they formed their civil partnership, as the case may be; ] c the name of every child of the family and of any other child for whom the agreement makes financial arrangements, and— i the date of birth of each such child who is still living (or, if it be the case, that he has attained 18 years), and the place where the person with whom any such minor child is residing; ii the date of death of any such child who has died since the agreement was made; d whether there have been in any court any, and if so what, previous proceedings with reference to the agreement or to the marriage [ or civil partnership, as the case may be,] or to the children of the family or to any other children for whom the agreement makes financial arrangements, and the date and effect of any [ order, decree or civil partnership order] made in such proceedings; e whether there have been in any court any proceedings by the applicant against the deceased’s estate under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 or any statutory provision repealed by that Order and the date and effect of any order made in such proceedings; f in the case of an application by the surviving party, the applicant’s means; g in the case of an application by the personal representatives of the deceased, the surviving party’s means, so far as they are known to the applicants, and the information mentioned in sub-paragraph (a), (b) and (c) of rule 3.6(2); h the facts alleged by the applicant as justifying an alteration in the agreement and the nature of the alteration sought; i if the application is made after the end of the period of six months from the date on which representation in regard to the deceased’s estate was first taken out, the grounds on which the court’s permission to entertain the application is sought. Further proceedings on an application under rule 3.5 3.6 1 The court may at any stage of the proceedings direct that any person be added as a respondent to an application under rule 3.5. 2 A respondent who is a personal representative of the deceased shall, within 14 days after the time limited for entered an appearance, file an affidavit in answer to the application stating— 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 payable thereout, including the amount of the capital transfer tax and interest thereon; b the person or classes of person beneficially interested in the estate (giving the names and addresses of all living beneficiaries) and the value of their interests so far as ascertained; and c if such be the case, that any living beneficiary (naming him) is a minor or a patient. 3 If a respondent who is a personal representative of the deceased does not file an affidavit stating the matters mentioned in paragraph (3), the court may order him to do so. 4 A respondent who is not a personal representative of the deceased may, within 14 days after the time limited for entering an appearance, file an affidavit in answer to the application. Application of other rules to proceedings under Article 37 or 38 of the Order of 1978 [ or paragraph 62 or 66 of Schedule 15 to the Act of 2004] 3.7 1 Rules 2.63; 2.64(1) and (4) to (7), 2.65, 2.66 and 2.69 shall apply, with the necessary modifications, to an application under Article 37 or 38 of the Order of 1978 [ or paragraph 62 or 66 of Schedule 15 to the Act of 2004 as the case may be,] as if it were an application for ancillary relief. 2 Subject to paragraph (1) and to the provisions of rule 3.4, these Rules shall, so far as applicable, apply with the necessary modifications to an application under Article 37 or 38 of the Order of 1978 [ or paragraph 62 or 66 of Schedule 15 to the Act of 2004 as the case may be,] as if the application were a cause, the originating summons a petition, and the applicant the petitioner. Proceedings in respect of polygamous marriage 3.8 1 The provisions of this rule shall have effect where a petition or originating summons asks for matrimonial relief within the meaning of Article 50(2) of the Order of 1978 in respect of a marriage entered into under a law which permits polygamy (in this rule referred to as a polygamous marriage). 2 The petition or originating summons— a shall state that the marriage in question is polygamous; b in respect of the additional spouse, shall give his or her full name and address and the date and place of his or her marriage to the petitioner or applicant or, as the case may be, to the respondent or state, so far as may be applicable, that such information is unknown to the petitioner or applicant. 3 In this rule “ additional spouse ” means any living spouse of the petitioner or applicant additional to the respondent or as the case may be any living spouse of the respondent additional to the petitioner or applicant. 4 Without prejudice to its powers under R.S.C. Order 15 (which deals with causes of action, counterclaims and parties) or C.C.R. Order 9 (which deals with amendments), the court may order that any additional spouse be added as a party to the proceedings or be given notice of the proceedings or of any application in the proceedings for any such order as is mentioned in Article 50(2)(d) of the Order of 1978. 5 Any order under paragraph (4) may be made at any stage of the proceedings and either on the application of any party or by the court or its own motion and, where an additional spouse is mentioned in a petition or an acknowledgement of service of a petition, the petitioner shall, on making any application in the proceedings or, if no previous application has been made in the proceedings, on lodging the certificate of readiness, ask for directions as to whether an order should be made under paragraph (3). 6 Any person to whom notice is given pursuant to an order under paragraph (4) shall be entitled, without filing an answer or affidavit, to be heard in the proceedings or on the application to which the notice relates. [ Transfer of certain tenancies on divorce etc., [ dissolution etc., of civil partnership] or on separation of cohabitees 3.9 1 The jurisdiction of the court under Article 30 of and Schedule 2 to the Order of 1998 may be exercised by the Master. 2 An application is made for an order under Part II of Schedule 2 to the Order of 1998 notice of the application shall be served by the applicant on the [ ) other spouse, cohabitee or civil partner, as the case may be,] and on the landlord (as those terms are defined by paragraph 1 of Schedule 2 to the Order of 1998) and any person so served shall be entitled to be heard on the application. 3 The applicant shall file a statement of service on Form F4 after he has served notice of application in accordance with paragraph (2). 4 Any person who is served with a notice of application under paragraph (2) above shall, if he intends to contest the application, within 14 days of service of that notice, file a statement which is signed by him and sworn to be true in answer to the application setting out the grounds on which he relies and shall arrange for a copy of that statement to be served on the applicant personally. 5 If a statement is not filed under paragraph (4) above, the applicant may apply for directions and the court may give such directions as it thinks fit, including a direction that the respondent shall be debarred from defending the application unless a statement is filed in accordance with paragraph (4) within such time as the court may direct. 6 Rule 2.64(4) to (7) (investigation by Master of application for ancillary relief) shall apply with the necessary modifications to an application for an order under Part II of Schedule 2 to the Order of 1998 as they apply to an application for ancillary relief.] Application for declaration as to marital status 3.10 1 Unless otherwise directed, a petition by which proceedings are begun under Article 31 of the Order of 1989 for a declaration as to marital status shall state— a the names of the parties to the marriage to which the application relates and the residential address of each of them at the date of the presentation of the petition; b the place and date of any ceremony of marriage to which the application relates; c the grounds on which the application is made and all other material facts alleged by the petitioner to justify the making of the declaration; d whether there have been or are continuing any proceedings in any court, tribunal or authority in Northern Ireland or elsewhere between the parties which relate to, or are capable of affecting the validity or subsistence of the marriage, divorce, annulment or legal separation to which the application relates, or which relate to the matrimonial [ or civil partnership] status of either of the parties, and if so— i the nature, and either the outcome or present state of those proceedings, ii the court, tribunal or authority before which they were begun, iii the date when they were begun, iv the names of the parties to them, v the date or expected date of the trial, vi any other facts relevant to the question whether the petition should be stayed under Schedule 1 of the Order. and such proceedings shall include any which are constituted otherwise than in a court of law in any country outside Northern Ireland, if they are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status, and shall be treated as continuing if they have begun and have not been finally disposed of; e where it is alleged that the court has jurisdiction based on domicile, which of the parties to the marriage to which the application relates is domiciled in Northern Ireland on the date of the presentation of the petition, or died before that date and was at death domiciled in Northern Ireland; f where it is alleged that the court has jurisdiction based on habitual residence, which of the parties to the marriage to which the application relates has been habitually resident in Northern Ireland, on the date of the presentation of the petition, or died before that date and had been habitually resident in Northern Ireland throughout the period of one year ending with the date of death; g where the petitioner was not a party to the marriage to which the application relates, particulars of his interest in the determination of the application. 2 Where the proceedings are for a declaration that the validity of a divorce, annulment or legal separation obtained in any country outside Northern Ireland in respect of the marriage either is or is not entitled to recognition in Northern Ireland, the petition shall in addition state the date and place of the divorce, annulment or legal separation. 3 There shall be annexed to the petition a copy of the certificate of any marriage to which the application relates, or, as the case may be, a certified copy of any decree of divorce, annulment or order for legal separation to which the application relates. 4 Where a document produced by virtue of paragraph (3) is not in English it shall, unless the court otherwise directs, be accompanied by a translation certified by a notary public or authenticated by affidavit. 5 The parties to the marriage in respect of which a declaration is sought shall be petitioner and respondent respectively to the application, unless a third party is applying for a declaration, in which case he shall be the petitioner and the parties shall be respondents to the application. [ Application under section 181 of the Act of 2004 for declaration as to civil partnership status 3.10A 1 Unless otherwise directed, a petition by which proceedings are begun under section 181 of the Act of 2004 for a declaration as to civil partnership status shall state— a the names of the parties to the civil partnership to which the application relates and the residential address of each of them at the date of the presentation of the petition; b the place at and date on which the civil partnership was formed; c the grounds on which the application is made and all other material facts alleged by the petitioner to justify the making of the declaration; d whether there have been or are continuing any proceedings in any court, tribunal or authority in Northern Ireland or elsewhere between the parties which relate to, or are capable of affecting the validity or subsistence of the civil partnership, dissolution, annulment or legal separation to which the application relates, or which relate to the civil partnership or matrimonial status of either of the parties, and if so— i the nature, and either the outcome or present state of those proceedings, ii the court, tribunal or authority before which they were begun, iii the date when they were begun, iv the names of the parties to them, v the date or expected date of the trial, vi any other facts relevant to the question whether the petition should be stayed under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules (Northern Ireland) 2005 . and such proceedings shall include any which are constituted otherwise than in a court of law in any country outside Northern Ireland, if they are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status, and shall be treated as continuing if they have begun and have not been finally disposed of; e where it is alleged that the court has jurisdiction based on domicile, which of the parties to the civil partnership to which the application relates is domiciled in Northern Ireland on the date of the presentation of the petition, or died before that date and was at death domiciled in Northern Ireland; f where it is alleged that the court has jurisdiction based on habitual residence, which of the parties to the civil partnership to which the application relates has been habitually resident in Northern Ireland, on the date of the presentation of the petition, or died before that date and had been habitually resident in Northern Ireland throughout the period of one year ending with the date of death; g where the petitioner was not a party to the civil partnership to which the application relates, particulars of his interest in the determination of the application. 2 Where the proceedings are for a declaration that the validity of a dissolution annulment or separation obtained in any country outside Northern Ireland in respect of the civil partnership either is or is not entitled to recognition in Northern Ireland, the petition shall in addition state the date and place of the dissolution, annulment or legal separation. 3 There shall be annexed to the petition a copy, of the certificate of any civil partnership to which the application relates, or, as the case may be, a certified copy of any order for dissolution, annulment or legal separation to which the application relates. 4 Where a document produced by virtue of paragraph (3) is not in English it shall, unless the court otherwise directs, be accompanied by a translation certified by a notary public or authenticated by affidavit. 5 The parties to the civil partnership in respect of which a declaration is sought shall be the petitioner and respondent respectively to the application, unless a third party is applying for a declaration, in which case he shall be the petitioner and the parties shall be respondents to the application.] Procedure to be followed in relation to application under [ rules 3.10 or 3.10A] 3.11 1 The petition referred to in rule [ rules 3.10 or 3.10A] shall be supported by an affidavit by the petitioner verifying the petition and giving particulars of every person whose interest may be affected by the proceedings and his relationship to the petitioner: Provided that if the petitioner is under the age of 18, the affidavit shall, unless the court otherwise directs, be made by his next friend. 2 Where the jurisdiction of the court to entertain a petition is based on habitual residence the petition shall include a statement of the addresses of the places of residence of the person so resident and the length of residence at each place either during the period of one year ending with the date of the presentation of the petition or, if that person is dead, throughout the period of one year ending with the date of death. 3 An affidavit for the purposes of paragraph (1) may contain statements of information or belief with the sources and grounds thereof. 4 A copy of the petition and every document accompanying it shall be sent by the petitioner to the Crown Solicitor on behalf of the Attorney General at least one month before the petition is filed and it shall not be necessary thereafter to serve these documents upon him. 5 The proper officer or chief clerk, as the case may be, shall send a copy of any answer to the Crown Solicitor on behalf of the Attorney General if he has notified the proper officer or chief clerk that he wishes to intervene in the proceedings. 6 When all answers to the petition have been filed the petitioner shall lodge in the Matrimonial Office and serve on all respondents to the application a request for directions as to any other persons who should be made respondents to the petition or given notice of the proceedings. 7 When giving directions in accordance with paragraph (6) the court shall consider whether it is necessary that the Attorney General should argue before it any question relating to the proceedings, and if it does so consider, the Attorney General need not file an answer and the court shall give directions requiring him to serve on all parties to the proceedings a summary of his argument. 8 Persons given notice of the proceedings pursuant to directions given in accordance with paragraph (6) shall within 21 days after service of the notice upon them be entitled to apply to the Master to be joined as parties. 9 The Attorney General may file an answer to the petition within 21 days after directions have been given under paragraph (7) and notice of hearing shall not be given until that period and the period referred to in paragraph (8) have expired. 10 The Attorney General in deciding whether it is necessary or expedient to intervene in the proceedings, may have a search made for, and may inspect and bespeak a copy of, any document filed in the court which relates to any other matrimonial [ or civil partnership] proceedings referred to in the proceedings. 11 A declaration made in accordance with Article 31 of the Order of 1989 shall be in Form M26 [ and a declaration made under section 181 of the Act of 2004 shall be in Form M26A]. Application for leave to apply for financial relief after overseas divorce [ or overseas dissolution etc. of a civil partnership] 3.12 1 An application to the High Court for leave to apply for an order for financial relief [ to which this rule applies] shall be made ex parte by originating summons in Form M27 issued out of the Matrimonial Office and shall be supported by an affidavit by the applicant [ ...]. 1A The affidavit in support shall state the facts relied on in support of the application with particular reference— a in the case of an application under the Order of 1989, to the matters set out in Article 20(2) of that Order, and b in the case of an application under the Act of 2004, to the matters set out in paragraph 8(3) of Schedule 17 to that Act.] 2 The affidavit in support shall give particulars of the judicial or other proceedings by means of which the marriage [ or civil partnership, as the case may be,] to which the application relates was dissolved or annulled or by which the parties to the marriage [ or civil partnership,] were legally separated and shall state, so far as is known to the applicant:— a in the case of an application under Part IV of the Order of 1989, the names of the parties to the marriage and the date and place of the marriage; aa in the case of an application under the Act of 2004, the names of the parties to the civil partnership and the date and place of the formation of the civil partnership;] b the occupation and residence of each of the parties to the marriage [ or civil partnership, as the case may be]; c whether there are any living children of the family and, if so, the number of such children and full names (including surname) of each and his date of birth or, if it be the case, that he is over 18; d whether either party to the marriage or civil partnership has subsequently married or formed a civil partnership;] e an estimate in summary form of the approximate amount or value of the capital resources and net income of each part; and of any minor child of the family; f the grounds on which it is alleged that the court has jurisdiction to entertain an application for financial relief [ ,] g this rule and rule 3.13 apply to an application for financial relief under— i Part IV of the Order of 1989; and ii Schedule 17 to the Act of 2004.] 3 The proper officer shall fix a date and time for the hearing of the application by the judge in chambers and give notice thereof to the applicant. Application for an order for financial relief or an avoidance of transaction order under Part IV of the Order of 1989 [ or under Schedule 17 to the Act of 2004] 3.13 1 An application to the High Court for an order for financial relief under Part IV of the Order of 1989 [ or Schedule 17 to the Act of 2004] shall be made by originating summons in Form M28 issued out of the Matrimonial Office and at the same time the applicant, unless otherwise directed, shall file an affidavit in support of the summons giving full particulars of his property and income. 2 The applicant shall serve a sealed copy of the originating summons on the respondent and shall annex thereto a copy of the affidavit in support, if one has been filed, and a notice of proceedings and acknowledgement of service in Form M30, and rule 2.10 shall apply to such an acknowledgement of service as if the references in paragraph (1) of that rule to Form M6 [ and M6A] and in paragraph (2) to 14 days were, respectively, references to Form M30 and 31 days. 3 Rules 2.59, 2.61, 2.62, 2.64(4), (6) and (7), 2.72(1) and (2) shall apply, with the necessary modifications, to an application for an order for financial relief under this rule as they apply to an application for ancillary relief made by notice in Form M13 and the court may order the attendance of any person for the purpose of being examined or cross-examined and the discovery and production of any document. 4 An application for an interim order for maintenance [ ...] or an avoidance of transaction order [ ...] may be made, unless the court otherwise directs, in the originating summons under paragraph (1) or by summons in accordance with rule 7.5 and an application for [ an avoidance of transaction order] shall be supported by an affidavit, which may be the affidavit filed under paragraph (1), stating the facts relied on. 5 If the respondent intends to contest the application he shall, within 28 days after the time limited for giving notice to defend, file an affidavit in answer to the application setting out the grounds on which he relies and shall serve a copy on the applicant. 6 In respect of any application for an avoidance of transaction order the court may make such order as it is empowered to make by paragraph (3) and rule 2.61 shall apply, with the necessary modifications, to an application for an avoidance of transaction order as it applies to an avoidance of disposition order. 7 Where the originating summons contains an application for an order under Article 26 of the Order of 1989 [ or under paragraph 13 of Schedule 17 to the Act of 2004] the applicant shall serve a copy on the landlord of the dwelling-house and he shall be entitled to be heard on the application. 8 Where, in reliance on Article 26 of the Order of 1989 [ or paragraph 13 of Schedule 17 to the Act of 2004], the court intends to make an order under Part II of Schedule 1 to that Order [ or Part 2 of Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998 , as the case may be,] then, before making the order, the court shall cause notice of its intention to make the order to be given to the landlord of the dwelling-house and shall afford him an opportunity of being heard. 9 An application for an order for financial relief [ ...] or for an avoidance of transaction order shall be determined by the judge. 10 In this Rule— a “ avoidance of transaction order ” means— i in relation to an application under the Order of 1989, an application under Article 27 of that Order, and ii in relation to an application under the Act of 2004, an application under paragraph 15 of Schedule 17 to that Act; and b “ interim order for maintenance ” means— i in relation to an application under the Order of 1989, an order under Article 18 of that Order, and ii in relation to an application under the Act of 2004, an order under paragraph 5 of Schedule 17 to that Act.] Application for an order under Article 28 of the Order of 1989 [ Or under paragraph 17 of Schedule 17 to the Act of 2004] preventing a transaction 3.14 1 An application to the High Court under Article 28 of the Order of 1989 [ or under paragraph 17 of Schedule 17 to the Act of 2004] for an order preventing a transaction shall be made by originating summons in Form M29 issued out of the Matrimonial Office and shall be supported by an affidavit by the applicant stating the facts relied on in support of the application. 2 The applicant shall serve a sealed copy of the originating summons on the respondent and shall annex thereto a copy of the affidavit in support and a notice of proceedings and acknowledgement of service in Form M30, and rule 2.11 shall apply to such an acknowledgement of service as if the references in paragraph (1) of that rule to Form M6 [ and M6A] and in paragraph (2) of that rule to 14 days were, respectively, references to Form M30 and 31 days. 3 If the respondent intends to contest the application he shall within 28 days after the time limited for giving notice to defend, file an affidavit in answer to the application setting out the grounds on which he relies and shall serve a copy, on the applicant. 4 The application shall be determined by the judge. 5 Rule 2.68 (except paragraph (3)) shall apply, with the necessary modifications, to the applications as if it were an application for ancillary relief. [ Applications for an occupation order or a non-molestation order under the Order of 1998 3.15 1 Subject to rules 3.16 and 3.17, on an application for an occupation order or a non-molestation order under the Order of 1998, the applicant shall— a file the documents referred to in paragraph (2) (which documents shall together be called “the application”), together with sufficient copies for one to be served on each respondent— i in relation to an application to the High Court, in the Office of Care and Protection; or ii in relation to an application to a county court in the county court office; b arrange for the copy of the application, together with Form F3 to be served on respondent personally not less than 2 days before the date on which the application will be heard; and c file a statement in Form F4 in the Office of Care and Protection or, as the case may be, the county court office after the application has been served. 2 The documents to be filed under paragraph 1(a) are— a Form F2; and b a supporting statement which is signed by the applicant and sworn to be true. 3 On receipt of the documents referred to in paragraph (1)(a), the proper officer or chief clerk shall— a fix the date for the hearing, allowing sufficient time for the applicant to comply with paragraph 1(b); b endorse the date so fixed on Form F3; and c return forthwith to the applicant the copies of the application, together with Form F3. 4 The court may abridge the period specified in paragraph (1)(b). 5 Rule 6.3 shall not apply to an application for an occupation order or a non-molestation order under the Order of 1998. 6 Rule 2.64(4) to (7) (investigation by Master of an application for ancillary relief) shall apply, with the necessary modifications, to an application for an occupation order under Article 11, 13 or 14 of the Order of 1998 as they apply to an application for ancillary relief. Application for leave to commence proceedings under the Order of 1998 3.16 1 Where the leave of the court is required to bring proceedings under the Order of 1998, the person seeking leave shall file in the Office of Care and Protection a draft of the application (being the documents referred to in rule 3.15(2)) for the making of which leave is sought, together with sufficient copies for one to be served on each respondent. 2 On considering a request for leave filed under paragraph (1) the court shall— a grant the request, whereupon the proper officer shall inform the person making the request of the decision, or b direct that a date be fixed for the hearing of the request, whereupon the proper officer shall fix such a date and give such notice as the court directs to the person making the request and to such other persons as the court requires to be notified of the date so fixed. 3 Where notice is required to be given under paragraph (2) it shall, with the necessary modifications, be given in Form F3. 4 Where leave is granted to bring proceedings under the Order of 1998, the application shall proceed in accordance with rule 3.15 but paragraph (1)(a) of that rule shall not apply. Ex parte applications under the Order of 1998 3.17 1 An application for a non-molestation order or an occupation order under the Order of 1998 may, with the leave of the court, be made ex parte, and in which case— a rule 3.15 shall not apply; and b the evidence in support of the application shall include the reasons why the application is made ex parte. 2 Where the leave of the court is granted, the application may be made orally and the applicant shall, within 48 hours of the making of the application, or as directed by the court— a file in the Office of Care and Protection or, as the case may be, the county court office, a written copy of the application in Form F2 together with a supporting statement which is signed by the applicant and sworn to be true; and b arrange for a copy of the application in Form F2 together with the supporting statement to be served on the respondent personally. 3 Upon complying with paragraph (2)(b) the applicant shall file a statement in Form F4 in the Office of Care and Protection or, as the case may be, the county court office. Notification of application for an occupation order under the Order of 1998 3.18 A copy of an application for an occupation order under Article 11, 13 or 14 of the Order of 1998 shall be served by the applicant by first-class post on the mortgagee or, as the case may be, the landlord of the dwelling house in question, with a notice in Form F5 informing him of his right to make representations in writing or at any hearing. Hearing of applications under the Order of 1998 3.19 1 Unless the court otherwise directs, an application for an occupation order or a non-molestation order under the Order of 1998 shall be heard by a judge in chambers. 2 The following forms shall be used in connection with hearings of such applications— a a record of the hearing shall be made in Form F6, and b any order made on the hearing shall be issued in Form F7. 3 The court may direct that a further hearing be held in order to consider any representations made by a mortgagee or a landlord. Notification of occupation order or non-molestation order 3.20 1 Where an occupation order or non-molestation order is made under the Order of 1998, the applicant shall arrange for a copy of the order to be served by the applicant on the respondent personally. 2 Where the application is for an occupation order under Article 11, 13 or 14 of the Order of 1998, the applicant shall arrange for a copy of any order made on the application shall be served by the applicant by first-class post on the mortgagee or, as the case may be, the landlord of the dwelling house in question. Variation, extension or discharge of orders made under the Order of 1998 3.21 An application to vary, extend or discharge an occupation order or non-molestation order made under the Order of 1998 shall be made in Form F8 and rules 3.15 and 3.17 to 3.20 shall apply, with the necessary modifications, to such an application. Transfer of proceedings under the Order of 1998 3.22 1 Where proceedings under the Order of 1998 are pending, the court shall consider (on the application, in writing, of either party or of its own motion) whether to exercise its powers to transfer the hearing of that application to another court and shall make an order for transfer in Form F9 if it seems necessary or expedient to do so. 2 Where proceedings have been transferred to a county court in accordance with Article 7 of the Allocation Order of 1999, that court shall consider whether to transfer those proceedings to the High Court in accordance with Article 11 of that Order and either— a determine that an order for such transfer need not be made; b make such an order for transfer; c order that a date be fixed for the hearing of the question whether such an order for transfer should be made, whereupon the chief clerk shall give such notice to the parties as the court directs of the date so fixed; or d invite the parties to make written representations within a specified period as to whether such an order should be made and, upon receipt of the representations, the court shall act in accordance with sub-paragraphs (a), (b) or (c). 3 Where proceedings are transferred to the High Court any relevant documentation shall be sent by the chief clerk to the Office of Care and Protection. 4 The proper officers shall notify the parties of an order transferring proceedings from the High Court in accordance with Article 12 or 13 of the Allocation Order of 1999 and a copy of the order shall be sent to the court to which the proceedings are transferred. 5 The chief clerk shall notify the parties of an order transferring proceedings in accordance with Article 9 or 10 of the Allocation Order of 1999 and a copy of the order shall be sent to the court to which the proceedings are transferred. 6 An order under this rule transferring proceedings in accordance with the Allocation Order of 1999 shall be served on the parties by the proper officer or chief clerk as the case may be. Enforcement of orders made under the Order of 1998 3.23 CCR Order 57, rule 7 shall apply to non-molestation orders and occupation orders as if for paragraph (1) of that rule there were substituted the following— 1 Where an occupation order or non-molestation order made under the Family Homes and Domestic Violence (Northern Ireland) Order 1998 , is enforceable by committal order under rule 5, the judge or the district judge may, on the application of the person entitled to enforce the order, direct the chief clerk to issue a copy of the order and any order so issued shall be served on the respondent personally.] [ Application under Article 31B of the Order of 1989 for a declaration of parentage 3.24 1 An application under Article 31B of the Order of 1989 for a declaration of parentage shall be commenced by petition which, unless otherwise directed, shall state— a the full name and the sex, date and place of birth and residential address of the petitioner (except where the petitioner is the Department); b where the case is not an excepted case within Article 31B(4) of the Order of 1989, either the petitioner’s interest in the determination of the application or that Article 28(2) of the Order of 1991 applies; c if they are known, the full name and the sex, date and place of birth and residential address of each of the following persons (unless that person is the petitioner)— i the person whose parentage is in issue; ii the person whose parenthood is in issue; and iii any person who is acknowledged to be the [ parent] of the person whose parentage is in issue; d if the petitioner, the person whose parentage is in issue or the person whose parenthood is in issue, is known by a name other than that which appears in the certificate of his birth, that other name (which shall also be stated in any decree made thereon); e if it is known, the full name of the mother, or alleged mother, of the person whose parentage is in issue, at the date of— i her birth; ii her first marriage; iii the birth of the person whose parentage is in issue; and iv her most recent marriage; if it was at any of those times different from her full name at the date of the presentation of the petition; f the grounds on which the petitioner relies and all other material facts alleged by him to justify the making of the declaration; g whether there are or have been any other proceedings in any court, tribunal or authority in Northern Ireland or elsewhere relating to the parentage of the person whose parentage is an issue or to the parenthood of the person whose parenthood is an issue, and, if so— i particulars of the proceedings, including the court, tribunal or authority before which they were begun, and their nature, outcome or present state; ii the date they were begun; iii the names of the parties; and iv the date or expected date of any trial in the proceedings; h that either the person whose parentage is in issue or the person whose parenthood is in issue— i is domiciled in Northern Ireland on the date of the presentation of the petition; or ii has been habitually resident in Northern Ireland throughout the period of one year ending with that date; or iii died before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of one year ending with the date of death; and i the nationality, citizenship or immigration status of the person whose parentage is in issue and of the person whose parenthood is in issue, and the effect which the granting of a declaration of parentage would have upon the status of each of them as regards his nationality, citizenship or right to be in the United Kingdom. 2 Unless otherwise directed, there shall be annexed to the petition a copy of the birth certificate of the person whose parentage is in issue. 3 The respondents to the application shall be— i the person whose parentage is in issue; and ii any person who is, or who is alleged to be, the [ parent] of the person whose parentage is in issue; excluding the petitioner. 4 The prescribed officer for the purposes of Article 31B(7) of the Order of 1989 shall be the chief clerk or proper officer, as the case may be. Application under Article 32 of the Order of 1989 for a declaration of legitimacy or legitimation 3.25 1 Unless otherwise directed, a petition by which proceedings are begun under Article 32 of the Order of 1989 for a declaration of legitimacy or legitimation shall state— a the name of the petitioner and, if the petitioner is known by a name other than that which appears in the certificate of his birth, that other name (which shall be stated in any decree made on the petition); b the date and place of birth of the petitioner; c if it is known, the name of the petitioner’s father and the maiden name of the petitioner’s mother and, if it is different, her current name, and the residential address of each of them at the time of the presentation of the petition; d the grounds on which the petitioner relies and all other material facts alleged by him to justify the making of the declaration; and e either that the petitioner is domiciled in Northern Ireland on the date of the presentation of the petition or that he has been habitually resident in Northern Ireland throughout the period of one year ending with that date. 2 Unless otherwise directed, there shall be annexed to the petition a copy of the petitioner’s birth certificate. 3 The petitioner’s father and mother, or the survivor of them, shall be respondents to the application. General provisions relating to applications under Article 31B or 32 of the 1989 Order 3.26 Rules 3.27 to 3.35 shall apply to a petition issued under rule 3.24 or 3.25 as the case may be. Affidavit in support of petition 3.27 1 A petition shall be supported by an affidavit by the petitioner verifying the petition and giving particulars of every person whose interest may be affected by the proceedings and his relationship to the petitioner. Provided that if the petitioner is under the age of 18 the affidavit shall, unless otherwise directed, be made by his next friend. 2 An affidavit for the purpose of paragraph (1) may contain statements of information and belief and the sources and grounds thereof. Notice of petition to be given to the Attorney General 3.28 1 A copy of the petition and every document accompanying it shall be given by the petitioner to the Crown Solicitor on behalf of the Attorney General at least one month before the petition is filed and it shall not be necessary thereafter to serve these documents on him. 2 On filing the petition, notice of the petition shall be given by the petitioner to the Crown Solicitor on behalf of the Attorney General who may enter an appearance to the petition within 14 days from such notice. 3 The Attorney General, in deciding whether it is necessary or expedient to intervene in the proceedings, may have a search made for, and may inspect and request a copy of, any document filed or lodged in the court offices which relates to any other matrimonial proceedings referred to in the proceedings. Service of petition 3.29 A copy of the petition endorsed with a notice to appear in Form M32 shall be served personally or by post on every respondent. Appearance by respondent 3.30 A respondent may, within 14 days of service of the petition, enter an appearance. Answer by respondent 3.31 1 A respondent who has entered an appearance may, within 14 days thereafter enter an answer to the petition. 2 The respondent shall within 4 days of filing an answer deliver a copy of it to the petitioner and to the Crown Solicitor and any other party to the proceedings. Application for directions 3.32 1 After the expiration of the time limited for the filing of an answer under rule 3.31(1), the petitioner shall issue and serve on all respondents, and on the Crown Solicitor, an application for directions as to any other persons who should be made respondents to the petition or given notice of the proceedings. 2 When giving directions in accordance with paragraph (1), the court shall consider whether it is necessary that the Attorney General should argue before it any question relating to the proceedings and, if it does so consider, the Attorney General need not file an answer and the court shall give directions requiring him to serve on all parties to the proceedings a summary of his argument. Answer by the Attorney General 3.33 Subject to paragraph (2) or rule 3.32, the Attorney General shall file an answer to the petition within 21 days after directions have been given under that rule and shall deliver a copy thereof to the petitioner and any other party to the proceedings. Joining of parties 3.34 Persons given notice of proceedings pursuant to directions given in accordance with rule 3.32 shall within 21 days of service of the notice upon them be entitled to apply to the Master to be joined as parties and the matter shall not be set down for hearing until that period and the period referred to in rule 3.33 have expired. Setting down for hearing 3.35 1 The petitioner shall request the Master to enter the cause for hearing by lodging in the county court office or the Matrimonial Office, as the case may be, a certificate of readiness in Form M33. 2 At the same time as lodging the certificate of readiness, the petitioner shall deliver to the Office one bundle for the use of the judge consisting of one indexed copy of the following documents— a the certificate of readiness; b the petition; c any other pleadings; d affidavit of service; e interlocutory orders; f the requisite legal aid documents. fastened together in the order shown and having endorsed thereon the names and addresses of the solicitors for the parties. 3 Within 4 days of lodging the certificate of readiness the petitioner shall give notice of having done so to the Crown Solicitor on behalf of the Attorney General and to each party in the cause who has entered an appearance. 4 The Master shall, subject to paragraph (5), fix a date for hearing and give notice thereof to every party in the cause. 5 Save with the consent of all the parties or by leave of the judge, no cause shall be placed in the list for hearing until after the expiration of 10 days from the date on which the certificate of readiness was lodged. Form of declaration 3.36 A declaration made in accordance with Article 31B of the Order of 1989 shall be in Form M34 and a declaration made in accordance with Article 32 of the Order of 1989 shall be in Form M35. Notice to Registrar General 3.37 Within 21 days after a declaration of parentage has been made, the prescribed officer shall send to the Registrar General a copy of the declaration in Form M34 and the petition. Transfer of proceedings under the Allocation Order of 2002 3.38 1 Where proceedings are transferred to the High Court under Article 6 of the Allocation Order of 2002 any relevant documentation shall be sent by the chief clerk to the Matrimonial Office. 2 The proper officer shall notify the parties of an order transferring proceedings from the High Court in accordance with Article 7 or 8 of the Allocation Order of 2002 and a copy of the order shall be sent to the court to which the proceedings are transferred. 3 The chief clerk shall notify the parties of an order transferring proceedings in accordance with Article 6 or 7 of the Allocation Order of 2002 and a copy of the order shall be sent to the court to which the proceedings are transferred. 4 An order under this rule transferring the proceedings in accordance with the Allocation Order of 2002 shall be in Form M36.] [ Reference under section 8(5) of the Gender Recognition Act 2004 3.39 1 A reference to the High Court under section 8(5) of the Gender Recognition Act 2004 shall be brought by originating motion issued out of the Matrimonial Office. 2 The Secretary of State is to be referred to as the applicant and the respondent is the person whose application under section 1(1), 5(2) or 6(1) of the Gender Recognition Act 2004 was granted. 3 The originating motion shall be served on the President of the Gender Recognition Panels and such other persons as the Court may direct. 4 Where the applicant knows that— a the respondent is a party to a cause in which the petition or answer prays for a decree of nullity of marriage under Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978 or for an order for nullity of civil partnership under section 174(1)(d) of the Act of 2004, he shall— i give particulars of those proceedings in the originating motion, and ii serve the originating motion on the court in which that petition is pending (where he has sufficient information to do so); b a full gender recognition certificate has been issued to the respondent under section 5(1) of the Gender Recognition Act 2004, he shall give particulars of this in the originating motion. 5 A copy of any order of the court made on the reference shall be served on— a the parties, b the President of Gender Recognition Panels, c where sufficient particulars have been provided under paragraph (4)(a)(i), on the court in which any such cause is pending, and may be served on such other persons as the court thinks fit.] [ Proceedings under the 2007 Act: Interpretation 3.40 In rules 3.41 to 3.46— a a “ forced marriage protection order ” means an order under paragraph 1 of Schedule 1 to the Act of 2007; b “ the person who is the subject of the proceedings ” means the person who will be protected by the forced marriage protection order applied for or being considered by the court of its own motion, if that order is made, or who is being protected by such an order. Applications for forced marriage protection orders 3.41 1 An application for a forced marriage protection order, including an application for a forced marriage protection order which is made in other proceedings which are pending, shall be made in Form F10. 2 An application for a forced marriage protection order shall be filed— i in relation to an application to the High Court, in the Office of Care and Protection; or ii in relation to an application to a county court, in the county court office. 3 An application for a forced marriage protection order made by an organisation shall state— a the name and address of the person submitting the application; and b the position which that person holds in the organisation. 4 Where an application is made without notice being given to the respondent it shall be supported by a statement, signed by the applicant and sworn to be true, explaining why notice is not being given. Leave stage for applications for a forced marriage protection order 3.42 1 Where the leave of the court is required to apply for a forced marriage protection order, the person seeking leave shall file in the Office of Care and Protection or, as the case may be, the county court office— a a written request for leave in Form F14 setting out— i the reasons for the application; ii the applicant’s connection with the person who is the subject of the proceedings; iii the applicant’s knowledge of the circumstances of the person who is the subject to the proceedings; and iv the applicant’s knowledge of the wishes and feelings of the person who is the subject of the proceedings; and b a draft of the application for the making of which leave is sought, together with sufficient copies for one to be served on each respondent and the person who is the subject of the proceedings. 2 As soon as practicable after receiving a request under paragraph (1), the court shall— a grant the request; or b direct that a date be fixed for the hearing of the request and fix the date, [and the proper officer or, as the case may be, chief clerk shall inform the following persons of the court’s action under this paragraph— i the person making the request, ii each respondent, iii the person who is the subject of the proceedings, and iv any other person directed by the court. 3 Where leave is granted to bring proceedings the application shall proceed in accordance with rule 3.41. Service of an application for a forced marriage protection order 3.43 1 Subject to paragraph (3), in every application made on notice the applicant shall arrange for a copy of the application, together with notice of any hearing or directions appointment set by the court in Form F11 to be served personally on— a the respondent, b the person who is the subject of the proceedings (if not the applicant), and c any other person directed by the court, not less than 2 days before the date fixed for hearing. 2 The court may abridge the period specified in paragraph (1). 3 The applicant shall file a statement in Form F17 after the application has been served. Parties to proceedings for a forced marriage protection order 3.44 1 In proceedings under the Act of 2007, a person may file in the Office of Care and Protection or, as the case may be, the county court office a request in Form F15 that he or another person— a be joined as a party or b cease to be a party. 2 As soon as practicable after receiving a request under paragraph (1), the court shall do one of the following— a in the case only of a request under paragraph 1(a), grant the request; b direct that a date be fixed for the hearing of the request and fix a date; or c invite written representations as to whether the request should be granted, to be filed within a specified period, and upon expiry of that period act under sub-paragraph (a) or (b) as it sees fit; and the proper officer, or as the case may be, chief clerk shall inform the following persons of the court’s action under this paragraph— i the person making the request, ii the applicant and the respondent, iii (if different) the person who is the subject of the proceedings, and iv any other person directed by the court. 3 The court may direct— a that a person who would not otherwise be a respondent under these rules be joined as a party to the proceedings; or b that a party to the proceedings cease to be a party, and such a direction may be made by the court of its own motion as well as upon a request under paragraph (1). Hearing of applications for forced marriage protection orders 3.45 1 Unless the court otherwise directs, an application for a forced marriage protection order shall be heard by a judge in chambers. 2 The judge shall make a record of the hearing in Form F12. 3 The order made on the hearing shall be issued in Form F13. 4 The applicant shall arrange for— a a copy of the order; b a copy of the record of the hearing; and c where the order is made without the respondent having been given notice of the proceedings; a copy of the application together with any statement supporting it; to be served personally on the respondent, the person who is the subject of the proceedings (if not the applicant), and any other person named in the order as soon as reasonably practical. 5 Where the order has been made without the respondent having been given notice of the proceedings the proper officer or, as the case may be, the chief clerk shall give the respondent and the other parties at least 5 days notice, or such other period as the court may direct, of the date fixed for a full hearing. 6 The court may direct that a further hearing be held to consider any representations made by the respondent, the person who is the subject of the proceedings (if not the applicant), or any other person named in the order. 7 An application to vary, extend or discharge an order made under the Act of 2007 shall be made in Form F16 and this rule shall apply to the hearing of such an application. Forced marriage protection orders made by the court of its own motion 3.46 1 Where the court makes a forced marriage protection order of its own motion under paragraph 3 of Schedule 1 to the Act of 2007, it shall set out in the order— a a summary of its reasons for making the order and b the names of the persons who are to be served with the order. 2 The court may order service of the order on— a any of the parties to the current proceedings, b (if different) the person being protected by the order; and c any other persons whom the court considers should be served. 3 The court will give directions as to how the order is to be served. 4 The court may direct that a further hearing be held to consider any representations made by any of the persons named in the order.] [ Application under Article 32L of the Order of 1991: Interpretation 3.47 In rules 3.48 to 3.52— a “ child support maintenance ” has the meaning assigned to it in Article 4(6) of the Order of 1991; b “ the Department ” has the meaning assigned to it in Article 2(2) of the Order of 1991; c “ reviewable disposition ” has the meaning assigned to it in Article 32L(5) of the Order of 1991. Application under Article 32L of the Order of 1991 3.48 1 An application for an order preventing avoidance under Article 32L of the Order of 1991 shall be made by originating summons in Form CS1 issued out of the Matrimonial Office and shall be supported by an affidavit by the applicant. 2 The affidavit in support shall— a include the following information— i the name and address of the person who owes child support maintenance; ii the amount of outstanding child support maintenance and the period during; iii which that amount has been outstanding; iv any steps taken to date to enforce payment of the amount of outstanding child support maintenance; v in the case of applications made without notice, the reasons why notice has not been given; b where the application relates to land— i state, if known to the applicant whether the title to the land is registered or unregistered and, if registered, the Land Registry folio number; ii give particulars, so far as known to the applicant, of any mortgage, charge or lien whatsoever on the land or on any interest thereon; c in the case of an application under Article 32L(2) of the Order of 1991, state the name and address of the person in whose favour the reviewable disposition is alleged to have been made; and d state the facts relied on in support of the application including— i in the case of an application under Article 32 L(1) of the Order of 1991, the proposed disposition or other dealing with property which would have the consequence of making ineffective a step that has been or may be taken to recover the amount of outstanding child support maintenance; ii in the case of an application under Article 32L(2) of the Order of 1991, the disposition which is alleged to be reviewable and has had the consequence of making ineffective a step taken or which may have been taken to recover the amount of outstanding child support maintenance. 3 Where the applicant is not relying on evidence to give rise to the presumption under Article 32L(7) of the Order of 1991 that the person who disposed of or is about to dispose of or deal with property did so or, as the case may be is about to do so, with the intention of avoiding payment of child support maintenance, then the applicant must give other evidence supporting the person’s intention of avoiding such payment. Parties to proceedings under Article 32L of the Order of 1991 3.49 1 In proceedings under Article 32L of the Order of 1991, the applicant is the Department 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 to the proceedings cease to be a party. Service of an application under Article 32L of the Order of 1991 3.50 1 In every application made on notice the applicant shall serve the application, a copy of the affidavit in support and the acknowledgement of service in Form CS2 on— a each respondent; b the person in whose favour the reviewable disposition is alleged to have been made; and c any other person directed by the court. 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 after service of the application, for a copy of the applicants affidavit in support of the application. 4 Any person who— a is served with copies of the application and the applicant’s affidavit in support of the application under paragraph (1); or b receives a copy of the applicant’s affidavit in support of the application following a request under paragraph (3), may within 14 days after service file an affidavit in answer. Application under Article 32L(1) of the Order of 1991 without notice 3.51 1 This rule applies to an application under Article 32L(1) of the Order of 1991. 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 court grants an application under paragraph (2)— a the order shall include a provision allowing any respondent to apply to the court for the order to be reconsidered as soon as just and convenient at a full hearing; and b the applicant shall, as soon as reasonably practicable, serve upon each respondent a copy of the order and a copy of the application and affidavit in support of the application. Hearing of applications under Article 32L of the 1991 Order 3.52 Unless the court otherwise directs, an application for an order under Article 32L of the Order of 1991 shall be heard by a judge in chambers.] PART IV CHILDREN (NORTHERN IRELAND) ORDER 1995 Interpretation and application 4.1 1 In this Part of and Appendix 3 to these Rules, unless a contrary intention appears— “ the Allocation Order ” means the Children (Allocation of Proceedings) Order (Northern Ireland) 1996 ; an Article or Schedule referred to by number means the Article or Schedule so numbered in the Order of 1995; “ an Article 8 Order ” has the same meaning as in Article 8(2); “ application”’ means an application made under or by virtue of the Order of 1995 or under these Rules and “applicant ” shall be construed accordingly; “ authority ” has the same meaning as in Article 2(2); “ child ”, in relation to proceedings to which this Part applies— means, subject to sub-paragraph (b), a person under the age of 18 with respect to whom the proceedings are brought, and where the proceedings are under Schedule 1, also includes a person who has reached the age of 18; “ directions appointment ” means a hearing for directions under rule 4.15; “ family care centre ” means a county court which has been specified as a family care centre in the Allocation Order; “ guardian ad litem ” means a guardian ad litem, appointed under Article 60, of the child with respect to whom the proceedings are brought; “ leave ” includes permission and approval; “ parental responsibility ” has the same meaning as in Article 6; “ Parties ” means the respondents specified in column (iii) of Appendix 3 and the applicant; “ specified proceedings ” has the same meaning as in Article 60(6) and Rule 4.3(2); “ welfare officer ” means a person who has been asked to prepare a welfare report under Article 4. 2 Except where the contrary intention appears, the provisions of this Part apply to proceedings in the High Court and a county court— a on an application for an Article 8 order; b on an application for a care order or supervision order under Article 50; c on an application under Articles 7(1)(a), 7(4), 13(1), 16(6), 33.44, 52(7), 53(2), 53(3), 53(4), 53(9), 55(1), 57(8)(b), 58(1), 58(2), 58(3), 58(4), 62(1), 2(12), 63, 64, 67(9), 69(1), 159(1), 163(1), 178(1); d under Schedule 1, except, where financial relief is also sought by or on behalf of an adult; e on an application under paragraph 6(3) of Schedule 3; f on an application under paragraph 5(2) or 7(1) of Schedule 4; or g on an application under paragraph 10(3) or 12(4) of Schedule 8. Proceedings in chambers 4.2 Unless the court otherwise directs proceedings to which this Part applies shall be heard by a judge in chambers. Matters prescribed for the purposes of the Order of 1995 4.3 1 The parties to proceedings in which directions are given under Article 57(6) and any person named in such a direction, form the prescribed class for the purposes of Article 57(8)(b) (application to vary directions made with interim care or interim supervision order). 2 The following proceedings are specified for the purposes of Article 60 in accordance with paragraph 6(i) thereof— a proceedings under Article 33(1); b proceedings under Article 44; c applications under Article 52(7); d proceedings under paragraph 6(3) of Schedule 3; e appeals against the determination of proceedings of a kind set out in sub-paragraphs (a) to (d). 3 The applicant for an order that has been made under Article 62(1) and the persons referred to in Article 62(11) may, in any circumstances, apply under Article 62(12) for a child assessment order to be varied or discharged. 4 The following persons form the prescribed class for the purposes of Article 63(9)(b) (application to vary directions)— a the parties to the application in which it is sought to vary the directions; b the guardian ad litem; c the Board or Trust in whose area the child is ordinarily resident; d any person who is named in the directions. Application for leave to commence proceedings 4.4 1 Where the leave of the court is required to bring any proceedings to which this Part applies, the person seeking leave shall file— a a written request for leave in Form C2 setting out the reasons for the application; and b a draft of the application (being the documents referred to in rule 4.5(2) for the making of which leave is sought together with sufficient copies for one to be served on each respondent. 2 The documents referred to in paragraph (1) shall— a in relation to an application to the High Court be filed in the Office of Care and Protection or, where rule 2.38 applies, in the Matrimonial Office; b in relation to an application to a county court be filed in the county court office. 3 On considering a request for leave filed under paragraph (1), the court shall— a grant the request, whereupon the proper officer or chief clerk shall inform the person making the request of the decision, or b direct that a date be fixed for the hearing of the request, whereupon the proper officer or chief clerk shall fix such a date and give such notice as the court directs to the person making the request and to such other persons as the court requires to be notified of the date so fixed. 4 Where leave is granted to bring proceedings to which this Part applies the application shall proceed in accordance with rule 4.5 but paragraph (1)(a) of that rule shall not apply. 5 In the case of a request for leave to bring proceedings under Schedule 1, the draft application under paragraph (1) shall be accompanied by a statement in Form C7A setting out the financial details which the person seeking leave believes to be relevant to the request and containing a declaration that it is true to the makers’ best knowledge and belief together with sufficient copies for one to be served on each respondent. Application 4.5 1 Subject to paragraph (5), an applicant shall— a file the document referred to in paragraph (2) (which documents shall together be called “the application”) together with sufficient copies for one to be served on each respondent— i in relation to an application to the High Court, in the Office of Care and Protection or, where rule 2.38 applies, in the Matrimonial Office; ii in relation to an application to a county court in the county court office; and b serve a copy of the application together with Form C3 and such (if any) of Forms [ C1A,] C4 and C7A as are given to him under paragraph (3)(b) on each respondent such number of days prior to the date fixed under paragraph 3(a) as is specified for that application in column (ii) of Appendix 3. 2 The documents to be filed under paragraph (1)(a) are— a i whichever is appropriate of Forms C1 or C2 and ii such of the supplemental Forms C10 or C11 to C17 as may be appropriate; and iii in the case of an application for an Article 8 order where question 6A on Form C1, or question 3A on Form C2, is answered in the affirmative, supplemental Form C1A; or] b where there is no appropriate form a statement in writing of the order sought, and where the application is made in respect of more than one child, all the children shall be included in one application. 3 On receipt of the documents filed under paragraph (1)(a) the proper officer or chief clerk shall— a fix the date for a hearing or a directions appointment allowing sufficient time for the applicant to comply with paragraph (1)(b), b endorse the date so fixed upon Form C3 and, where appropriate, Form C3A and c return forthwith to the applicant the copies of the application and Form C7A if filed with it, together with Form C3 and such of Forms C3A and C4 as are appropriate [ and, in the case of an application for an Article 8 Order, Form C1A]. 4 The applicant shall, at the same time as complying with paragraph (1)(b) serve Form C3A on the persons set out for the relevant class of proceedings in column (iv) of Appendix 3. 5 In the case of proceedings under Schedule 1, the application under paragraph (1) shall be accompanied by a statement in Form C7A setting out the financial details which the applicant believes to be relevant to the application and containing a declaration that it is true to the maker’s best knowledge and belief, together with sufficient copies for one to be served on each respondent. Withdrawal of application 4.6 1 An application may be withdrawn only with leave of the court. 2 Subject to paragraph (3), a person seeking leave to withdraw an application shall file and serve on the parties a written request for leave in Form C2 setting out the reasons for the request. 3 The request under paragraph (2) may be made orally to the court if the parties and, if appointed, either the guardian ad litem or the welfare officer are present. 4 Upon receipt of a written request under paragraph (2) the court shall— a if— i the parties consent in writing, ii the guardian ad litem has had an opportunity to make representations, and iii the court thinks fit, grant the request, in which case the proper officer or chief clerk shall notify the parties, any guardian ad litem and any welfare officer of the granting of the request, or b direct that a date be fixed for the hearing of the request in which case the proper officer or chief clerk shall give at least 7 days’ notice to the parties, the guardian ad litem and the welfare officer, of the date fixed. Transfer of proceedings 4.7 1 Where an application is made, in accordance with Article 9 of the Allocation Order, for an order transferring proceedings from a family proceedings court or other court of summary jurisdiction following the refusal of that court to order such a transfer, the applicant shall— a file the application in Form C2 with the chief clerk in the family care centre to which the proceedings are sought to be transferred, together with a copy of the certificate issued by the family proceedings court or other court of summary jurisdiction; and b serve a copy of the documents mentioned in sub-paragraph (a) personally on all parties to the proceedings which it is sought to have transferred, within 2 days after receipt by the applicant of the certificate. 2 Within 2 days after receipt of the documents served under paragraph (1)(b) any party other than the applicant may file written representations. 3 The court shall, not before the fourth day after the filing of the application under paragraph (1) unless the parties consent to earlier consideration, consider the application and either— a grant the application whereupon the chief clerk shall inform the parties of that decision, or b direct that a date be fixed for the hearing of the application, whereupon the chief clerk shall fix such a date and give not less than 1 day’s notice to the parties of the date so fixed. 4 A copy of an order transferring proceedings to a family care centre in accordance with Article 9 of the Allocation Order, shall be sent by the chief clerk to the court from which the proceedings are transferred. 5 Where proceedings are transferred to a family care centre in accordance with Article 5 or 8 of the Allocation Order the family care centre shall consider whether to transfer those proceedings to the High Court in accordance with Article 10 of that Order and either— a determine that an order for such transfer need not be made; b make such an order for transfer; c order that a date be fixed for the hearing of the question whether such an order for transfer should be made, whereupon the chief clerk shall give such notice to the parties as the court directs of the date so fixed, or d invite the parties to make written representations within a specified period, as to whether such an order should be made; and upon receipt of the representations the court shall act in accordance with sub-paragraphs (a), (b) or (c). 6 Where proceedings are transferred to the High Court under paragraph (5) any relevant documentation shall be sent by the chief clerk to the Office of Care and Protection. 7 The proper officer shall notify the parties of an order transferring proceedings from the High Court in accordance with Article 13 or 14 of the Allocation Order and a copy of the order shall be sent to the court to which the proceedings are transferred. 8 The chief clerk shall notify the parties of an order transferring proceedings in accordance with Article 11 or 12 of the Allocation Order and a copy of the order shall be sent to the court to which the proceedings are transferred. 9 An order under this rule transferring proceedings in accordance with the Allocation Order shall be in Form C43 and shall be served on the parties by the proper officer or chief clerk as the case may be. Parties 4.8 1 The respondents to proceedings to which this Part applies shall be those persons set out in the relevant entry in column (iii) of Appendix 3. 2 In proceedings to which this Part applies a person may file a request in Form C2 that he or another person— a be joined as a party, or b cease to be a party. 3 On considering a request under paragraph (2) the court shall, subject to paragraph (4)— a grant it without a hearing or representations, save that this shall be done only in the case of a request under paragraph (2)(a), whereupon the proper officer or chief clerk shall inform the parties and the person making the request of that decision, or b order that a date be fixed for the consideration of the request, whereupon the proper officer or chief clerk shall give notice of the date so fixed together with a copy of the request— i in the case of a request under paragraph (2)(a), to the applicant, and ii in the case of a request under paragraph (2)(b), to the parties, or c invite the parties or any of them to make written representations, within a specified period as to whether the request should be granted; and upon the expiry of the period the court shall act in accordance with sub-paragraph (a) or (b). 4 Where a person with parental responsibility requests that he be joined under paragraph (2)(a), the court shall grant his request. 5 In proceedings to which this Part applies the court may direct— a that a person who would not otherwise be a respondent under these rules be joined as a party to the proceedings, or b that a party to the proceedings cease to be a party. Service under this Part of the Rules 4.9 1 In proceedings to which this Part applies, where these rules require a document to be served the court may direct that— a the requirement shall not apply; b service shall be effected in such manner as may be specified in the direction; c the time specified by the rules for complying with the requirements shall be abridged to such extent as may be specified in the direction.]. 2 Subject to the requirement in rule 4.7(1)(b) of personal service where service of a document is required under this Part it may be effected— a if the person to be served is not known by the person serving to be acting by solicitor— i by delivering it to him personally, or ii by delivering it at, or by sending it by first class post to his residence or his last known residence, or b if the person to be served is known by the person serving to be acting by solicitor— i by delivering the document at, or sending it by first class post to, the solicitor’s address for service, ii where the solicitor’s address for service includes a numbered box at a document exchange, by leaving the document at that document exchange or at a document exchange which transmits documents on every business day to that document exchange, or iii by sending a legible copy of the document by FAX (as defined by R.S.C. Order 1 rule 3(1)) in accordance with the provisions of R.S.C. Order 65 rule 5(2A) to the solicitors office. 3 Where a child who is a party to proceedings to which this Part applies is required by these rules to serve a document, service shall be effected by— a the solicitor acting for the child, or b where there is no such solicitor, the guardian ad litem, or c where there is neither such a solicitor nor a guardian ad litem, the court. 4 Service of any document on a child shall, subject to any direction of the court, be effected by service on— a the solicitor acting for the child, or b Where there is no such solicitor, the guardian ad litem, or c where there is neither such a solicitor nor a guardian ad litem, with leave of the court, the child. 5 Where the court refuses leave under paragraph (3)(c) it shall give a direction under paragraph (1). 6 A document shall, unless the contrary is proved, be deemed to have been served— a in the case of service by first class post, on the second business day after posting, and b in the case of service in accordance with paragraph (2)(b)(ii), on the second business day after the day on which it is left at the document exchange. 7 At or before the first directions appointment in, or hearing of, proceedings to which this Part applies the applicant shall file a statement that service of— a a copy of the application and other documents referred to in rule 4.5(1)(b) has been effected on each respondent, and b notice of the proceedings has been given under rule 4.5(4); and the statement shall indicate— i the manner, date, time and place of service, or ii where service was effected by post, the date, time and place of posting. 8 In this rule “ first class post ” means first class post which has been pre-paid or in respect of which pre-payment is not required. Answer to application 4.10 1 Within 14 days of service of an application for an Article 8 order or an application under Schedule 1, each respondent shall file and serve on the other parties an acknowledgement of the application in Form C4 [ and, if both parts of question 6 or question 7 (or both) on Form C4 are answered in the affirmative, Form C1A]. 2 Following service of an application to which this Part applies, other than an application under rule 4.4 or for an Article 8 order, a respondent may, subject to paragraph (3) file a written answer, which shall be served on the other parties. 3 An answer under paragraph (2) shall, except in the case of an application under Articles 44, 50, 53, 57, 62, 63, 64, 67 and 69 be filed and served not less than 2 days before the date fixed for the hearing of the application. Appointment of guardian ad litem 4.11 1 As soon as practicable after the commencement of specified proceedings, or the transfer of such proceedings to the court, the court shall appoint a guardian ad litem, unless— a such an appointment has already been made by the court which made the transfer and is subsisting, or b the court considers that such an appointment is not necessary to safeguard the interests of the child. 2 At any stage in specified proceedings a party may apply, without notice to the other parties unless the court directs otherwise, for the appointment of a guardian ad litem. 3 The court shall grant an application under paragraph (2) unless it considers such an appointment not to be necessary to safeguard the interests of the child, in which case it shall give its reasons; and a note of such reasons shall be taken. 4 At any stage in specified proceedings the court may, of its own motion, appoint a guardian ad litem. 5 The proper officer or chief clerk shall, as soon as practicable, notify the parties and any welfare officer of an appointment under this rule or, as the case may be, of a decision not to make such an appointment. 6 Upon the appointment of a guardian ad litem the proper officer or chief clerk shall, as soon as practicable, notify him of the appointment and serve on him copies of the application and of documents filed under rule 4.18(1). 7 A guardian ad litem appointed from a panel established by regulations made under Article 60(7) shall not— a be a member, officer or servant of a Board or Trust which, or an authorised person (within the meaning of Article 49(2)) who, is a party to the proceedings; b be, or have been, a member, officer or servant of a Board or Trust or voluntary organisation (within the meaning of Article 74(1) who has been directly concerned in that capacity in arrangements relating to the care, accommodation or welfare of the child during the 5 years prior to the commencement of the proceedings; c be a serving probation officer (except that a probation officer who has not in that capacity been previously concerned with the child or his family and who is employed part-time may, when not engaged in his duties as a probation officer, act as a guardian ad litem). 8 When appointing a guardian ad litem the court may give consideration to appointing any one who has previously acted as guardian ad litem of the same child. 9 The appointment of a guardian ad litem under this rule shall continue for such time as is specified in the appointment or until terminated by the court. 10 When terminating an appointment in accordance with paragraph (9), the court shall give its reasons in writing for doing so. 11 Where the court appoints a guardian ad litem in accordance with this rule or refuses to make such an appointment or terminates an appointment the court shall record the appointment refusal or termination in Form C41. Powers and duties of guardian ad litem 4.12 1 In carrying out his duty under Article 60(2), the guardian ad litem shall have regard to the principle set out in Article 3(2) and the matters set out in Article 3(3)(a) to (f) as if for the word “court” in that section there were substituted the words “guardian ad litem”. 2 The guardian ad litem shall— a appoint a solicitor to represent the child unless such a solicitor has already been appointed, and b give such advice to the child as is appropriate having regard to his understanding and, subject to rule 4.13(1)(a), instruct the solicitor representing the child on all matters relevant to the interests of the child, including possibilities for appeal, arising in the course of the proceedings. 3 Where the guardian ad litem is the Official Solicitor, paragraph 2(a) shall not require him to appoint a solicitor for the child if he intends to act as the child’s solicitor in the proceedings, unless— a the child wishes to instruct a solicitor direct; and b the Official Solicitor or the court considers that he is of sufficient understanding to do so. 4 Where it appears to the guardian ad litem that the child— a is instructing his solicitor direct, or b intends to, and is capable of, conducting the proceedings on his own behalf, he shall so inform the court and thereafter— i shall perform all of his duties set out in this rule, other than duties under paragraph (2)(a) and such other duties as the court may direct. ii shall take such part in the proceedings as the court may direct, and iii may, with leave of the court, have legal representation in his conduct of those duties. 5 The guardian ad litem shall, unless excused by the court, attend all directions appointments in and hearings of the proceedings and shall advise the court on the following matters— a whether the child is of sufficient understanding for any purpose including the child’s refusal to submit to a medical or psychiatric examination or other assessment that the court has power to require, direct or order; b the wishes of the child in respect of any matter relevant to the proceedings, including his attendance at court; c the appropriate forum for the proceedings; d the appropriate timing of the proceedings or any part of them; e the options available to it in respect of the child and the suitability of each such option including what order should be made in determining the application; f any other matter concerning which the court seeks his advice or concerning which he considers that the court should be informed. 6 The advice given under paragraph (5) may, subject to any order of the court, be given orally or in writing; and if the advice be given orally, a note of it shall be taken. 7 The guardian ad litem shall, where practicable, notify any person whose joinder as a party to those proceedings would be likely, in the guardian ad litem’s opinion, to safeguard the interests of the child, of that person’s right to apply to be joined under rule 4.8(2) and shall inform the court— a of any such notification given, b of anyone whom he attempted to notify under this paragraph but was unable to contact, and c of anyone whom he believes may wish to be joined to the proceedings. 8 The guardian ad litem shall, unless the court otherwise directs, not less than 7 days before the date fixed for the final hearing of the proceedings, file a written report advising on the interests of the child; and the proper officer or chief clerk shall, as soon as practicable, serve a copy of the report on the parties. 9 The guardian ad litem shall serve and accept service of documents on behalf of the child in accordance with rule 4.9(2)(b) and (3)(b) and, where the child has not himself been served, and has sufficient understanding, advise the child of the contents of any document so served. 10 The guardian ad litem shall make such investigations as may be necessary for him to carry out his duties and shall, in particular— a contact or seek to interview such persons as he thinks appropriate or as the court directs, b if he inspects records of the kinds referred to in Article 61, bring to the attention of the court and such other persons as the court may direct all such records and documents which may, in his opinion, assist in the proper determination of the proceedings, and c obtain such professional assistance as is available to him which he thinks appropriate or which the court directs him to obtain. 11 In addition to his duties under other paragraphs of this rule, the guardian ad litem shall provide to the court such other assistance as it may require. 12 A party may question the guardian ad litem about oral or written advice tendered by him to the court under this rule. Solicitor for child 4.13 1 A solicitor appointed under Article 60(3) or in accordance with rule 4.12(2)(a) shall represent the child— a in accordance with instructions received from the guardian ad litem (unless the solicitor considers, having taken into account the views of the guardian ad litem and any direction of the court under rule 4.12(4), that the child wishes to give instructions which conflict with those of the guardian ad litem and that he is able, having regard to his understanding, to give such instructions on his own behalf in which case he shall conduct the proceedings in accordance with instructions received from the child) or b where no guardian ad litem has been appointed for the child and the condition in Article 60(4)(b) is satisfied, in accordance with instructions received from the child, or c in default of instructions under (a) or (b), in furtherance of the best interests of the child. 2 A solicitor appointed under Article 60(3) or in accordance with rule 4.12(2)(a) shall serve and accept service of documents on behalf of the child in accordance with rule 4.9(2)(a) and (3)(a), and, where the child has not himself been served and has sufficient understanding, advise the child of the contents of any document so served. 3 Where the child wishes an appointment of a solicitor under Article 60(3) or in accordance with rule 4.12(2)(a) to be terminated, he may apply to the court for an order terminating the appointment; and the solicitor and the guardian ad litem shall be given an opportunity to make representations. 4 Where the guardian ad litem wishes an appointment of a solicitor under Article 60(3) to be terminated, he may apply to the court for an order terminating the appointment; and the solicitor and, if he is of sufficient understanding, the child, shall be given an opportunity to make representations. 5 When terminating an appointment in accordance with paragraph (3) or (4), the court shall give its reasons for so doing, a note of which shall be taken. 6 Where the court appoints a solicitor under Article 60(3) or refuses to make such an appointment or terminates an appointment, the court or the proper officer or chief clerk shall record the appointment refusal or termination in Form C42. Welfare officer 4.14 1 Where the court has directed that a written report be made by a welfare officer, the report shall be filed at or by such time as the court directs or, in the absence of such a direction, at least 14 days before a relevant hearing; and the proper officer or chief clerk shall, as soon as practicable, serve a copy of the report on the parties and any guardian ad litem. 2 In paragraph (1), a hearing is relevant if the proper officer or chief clerk has given the welfare officer notice that his report is to be considered at it. 3 After the filing of a report by a welfare officer, the court may, direct that the welfare officer attend any hearing at which the report is to be considered; and a except where such a direction is given at a hearing attended by the welfare officer, the proper officer or chief clerk shall inform the welfare officer of the direction; and b at the hearing at which the report is considered any party may question the welfare officer about his report. 4 This rule is without prejudice to any power to give directions under rule 4.15. Directions 4.15 1 In this rule, “ party ” includes the guardian ad litem and, where a request or a direction concerns a report under Article 4, the welfare officer. 2 In proceedings to which this Part applies the court may, subject to paragraph (3), give, vary or revoke directions for the conduct of the proceedings, including— a the timetable for the proceedings; b varying the time within which or by which an act is required, by these rules or by other rules of court, to be done; c the attendance of the child; d the appointment of a guardian ad litem, whether under Article 60 or otherwise, or of a solicitor under Article 60(3); e the service of documents; f the submission of evidence including experts’ reports; g the preparation of welfare reports under Article 4; h the transfer of the proceedings to another court; i consolidation with other proceedings. 3 Directions under paragraph (2) may be given, varied or revoked either— a of the court’s own motion having given the parties notice of its intention to do so and an opportunity to attend and be heard or to make written representations. b on the written request in Form C2 of a party specifying the direction which is sought, filed and served on the other parties, or c on the written request in Form C2 of a party specifying the direction which is sought, to which the other parties consent and which they or their representatives have signed. 4 In an urgent case the request under paragraph (3)(b) may, with the leave of the court, be made— a orally, or b without notice to the parties, or c both as in sub-paragraph (a) and as in sub-paragraph (b). 5 On receipt of a written request under paragraph (3)(b) the proper officer or chief clerk shall fix a date for the hearing of the request and give not less than 2 days’ notice in Form C3 to the parties of the date so fixed. 6 On considering a request under paragraph (3)(c) the court shall either— a grant the request, whereupon the proper officer or chief clerk shall inform the parties of the decision, or b direct that a date be fixed for the hearing of the request, whereupon the proper officer or chief clerk shall fix such a date and give not less than 2 days’ notice in Form C3 to the parties of the date so fixed. 7 A party may apply in accordance with paragraph 3(b) or (c) for an order to be made under Article 11(3) or, if he is entitled to apply for such an order, under Article 57(1) and paragraphs (4), (5) and (6) shall apply accordingly. 8 Where a court is considering making, of its own motion, an Article 8 order, or an order under Article 50, 53 or 57, the power to give directions under paragraph (2) shall apply. 9 Directions of a court which are still in force immediately prior to the transfer of proceedings to which this Part applies to another court shall continue to apply following the transfer, subject to any changes of terminology which are required to apply those directions to the court to which the proceedings are transferred, unless varied or discharged by directions under paragraph (2). 10 The court shall take a note of the giving, variation or revocation of a direction under this rule and serve, as soon as practicable, a copy of the note on any party who was not present at the giving, variation or revocation. Timing of proceedings 4.16 1 Where these rules or other rules of court provide a time period within which or by which a certain act is to be performed in the course of proceedings to which this Part applies, that period may not be extended otherwise than by direction of the court under rule 4.15. 2 At the— a postponement or adjournment of any hearing or directions appointment in the course of proceedings to which this Part applies, or b conclusion of any such hearing or directions appointment other than one at which the proceedings are determined or so soon thereafter as is practicable, the court shall fix a date upon which the proceedings shall come before the court again for such purposes as the court directs; and the proper officer or chief clerk shall give notice to the parties, and to any guardian ad litem or welfare officer of the date fixed. 3 At the transfer to a court of proceedings to which this Part applies the court to which the proceedings are transferred shall as soon as possible fix a date upon which the proceedings shall come before the court for such purposes as the court directs; and the proper officer or chief clerk shall give notice to the parties and to any guardian ad litem or welfare officer of the date so fixed. Attendance at a directions appointment and hearing 4.17 1 Subject to paragraph (2), a party shall attend a directions appointment of which he has been given notice in accordance with rule 4.15(5) unless the court otherwise directs. 2 Proceedings or any part of them shall take place in the absence of any party, including the child if— a the court considers it in the interests of the child, having regard to the matters to be discussed or the evidence likely to be given, and b the party is represented by a guardian ad litem or solicitor; and when considering the interests of the child under sub-paragraph (a) the court shall give the guardian ad litem, the solicitor for the child and, if he is of sufficient understanding, the child an opportunity to make representations. 3 Subject to paragraph (4), where at the time and place appointed for a hearing or directions appointment the applicant appears but one or more of the respondents do not, the court may proceed with the hearing or appointment. 4 The court shall not begin to hear an application in the absence of a respondent unless— a it is proved to the satisfaction of the court that he received reasonable notice of the date of the hearing; or b the court is satisfied that the circumstances of the case justify proceeding with the hearing. 5 Where, at the time and place appointed for a hearing or directions appointment one or more of the respondents appear but the applicant does not, the court may refuse the application or, if sufficient evidence has previously been received, proceed in the absence of the applicant. 6 Where at the time and place appointed for a hearing or directions appointment neither the applicant nor any respondent appears, the court may refuse the application. 7 The court may hold a directions appointment by telephone or by using any other method of direct oral communication.] Documentary evidence 4.18 1 Subject to paragraphs (4) and (5), in proceedings to which this Part applies a party shall file and serve on the parties, any welfare officer and any guardian ad litem of whose appointment he has been given notice under rule 4.11(5)— a written statements of the substance of the oral evidence which the party intends to adduce at a hearing of, or a directions appointment in, those proceedings, which shall— i be dated, ii be signed by the person making the statement, iii contain a declaration that the maker of the statement believes it to be true and understands that it may be placed before the court; and iv show in the top right-hand corner of the first page— a the initials and surname of the person making the statement, b the number of the statement in relation to the maker, c the date on which the statement was made, and d the party on whose behalf it is filed; and b copies of any documents, including experts’ reports, upon which the party intends to rely at a hearing of, or a directions appointment in, those proceedings, at or by such time as the court directs or, in the absence of a direction, before the hearing or appointment. 2 A party may, subject to any direction of the court about the timing of statements under this rule, file and serve on the parties a statement which is supplementary to a statement served under paragraph (1). 3 At a hearing or a directions appointment a party may not, without the leave of the court— a adduce evidence, or b seek to rely on a document, in respect of which he has failed to comply with the requirements of paragraph (1). 4 In proceedings for an Article 8 order a party shall— a neither file nor serve any document other than as required or authorised by these rules, and b in completing a form prescribed by these rules, neither give information, nor make a statement, which is not required or authorised by that form, without the leave of the court. 5 In proceedings for an Article 8 order no statement or copy may be filed under paragraph (1) until such time as the court directs. Expert evidence — examination of child 4.19 1 No person may, without the leave of the court, cause the child to be medically or psychiatrically examined, or otherwise assessed, for the purpose of the preparation of expert evidence for use in the proceedings. 2 An application for leave under paragraph (1) shall be made in Form C2 and shall, unless the court otherwise directs be served on all parties to the proceedings and on the guardian ad litem. 3 Where the leave of the court has not been given under paragraph (1), no evidence arising out of an examination or assessment to which that paragraph applies may be adduced without the leave of the court. Amendment 4.20 1 Subject to rule 4.18(2) a document which has been filed or served in proceedings to which this Part applies, may not be amended without the leave of the court which shall, unless the court otherwise directs, be requested in writing. 2 On considering a request for leave to amend a document the court shall either— a grant the request, whereupon the proper officer or chief clerk shall inform the person making the request of that decision, or b invite the parties or any of them to make representations, within a specified period, as to whether such an order should be made. 3 A person amending a document shall file it and serve it on those persons on whom it was served prior to amendment and the amendments shall be identified. Hearing 4.21 1 The court may give directions as to the order of speeches and evidence at a hearing or directions appointment, in the course of proceedings to which this Part applies. 2 Subject to directions under paragraph (1), at a hearing of, or directions appointment in, proceedings to which this Part applies, the parties and the guardian ad litem shall adduce their evidence in the following order— a the applicant, b any party with parental responsibility for the child, c other respondents, d the guardian ad litem, e the child, if he is a party to the proceedings and there is no guardian ad litem. 3 After the final hearing of proceedings to which this Part applies, the court shall deliver its judgment as soon as is practicable. 4 When making an order or when refusing an application, the court shall either— a issue a written judgment; b cause the judgment to be recorded by mechanical or electronic means; or c record in Form C19 any finding of fact which it made and the reasons for its decision. 5 An order made in proceedings to which this Part applies shall be recorded either in the appropriate form in Appendix 1 to these rules or, where there is no such form, in writing. 6 A copy of an order made in accordance with paragraph (5) shall, as soon as practicable after it has been made, be served by the proper officer or chief clerk on the parties to the proceedings in which it was made and on any person with whom the child is living. Attachment of penal notice to Article 8 order 4.22 C.C.R. Order 57 rule 7 shall apply to Article 8 orders as if for paragraph (1) of that rule there were substituted the following— 1 In the case of an Article 8 order (within the meaning of Article 8(2) of the Children (Northern Ireland) Order 1995) enforceable by committal order under rule 5 the judge or the district judge may, on the application of the person entitled to enforce the order, direct the chief clerk to issue a copy of the order endorsed with a notice in Form 270 and the copy so endorsed shall be served on the respondent personally and no copy of the order shall be issued with any such notice endorsed save in accordance with such direction. . Appeals 4.23 1 Where an appeal lies— a to the High Court; or b to a county court specified in the Allocation Order for the purposes of Article 166(4)(a) of the Order of 1995 against the making or refusal to make an order under the Order of 1995— shall be made in accordance with the following provisions and references to “ the court below ” are references to the court from which the appeal lies. 2 The appellant shall file and serve on the parties to the proceedings in the court below, and on any guardian ad litem— a notice of the appeal in writing, setting out the grounds upon which he relies; b a certified copy of the summons in application and of the order appealed against, and of any order staying its execution; c a copy of any reasons given for the decision. 3 The notice of appeal shall be filed and served in accordance with paragraph (2)(a)— a within 14 days after the determination against which the appeal is brought, or b in the case of an appeal against an order under Article 57(1), within 7 days after the making of the order, or c with the leave of the court to which the appeal is to be brought, within such other time as that court may direct. 4 The documents mentioned in paragraph (2)(b) to (c) shall, subject to any direction of the court to which the appeal is to be brought, be filed and served as soon as practicable after the filing and service of the notice of appeal under paragraph (2)(a). 5 The applicant shall also send a copy of the notice of appeal to the chief clerk or, as the case may be, to the clerk of petty sessions of the court below. 6 Subject to paragraph (7), a respondent who wishes— a to contend on the appeal that the decision of the court below should be varied, either in any event or in the event of the appeal being allowed in whole or in part, or b to contend that the decision of the court below should be affirmed on grounds other than those relied upon by that court, or c to contend by way of cross-appeal that the decision of the court below was wrong in whole or in part, shall, within 14 days of receipt of notice of the appeal, file and serve on all other parties to the appeal a notice in writing, setting out the grounds upon which he relies. 7 No notice under paragraph (5) may be filed or served in an appeal against an order under Article 57. Confidentiality of documents 4.24 1 Notwithstanding any rule of court to the contrary, no document, other than a record of an order, held by the court and relating to proceedings to which this Part applies shall be disclosed, other than to— a a party, b the legal representative of a party, c the guardian ad litem, d the Legal Aid Department or e a welfare officer without leave of the judge. 2 An application for leave shall be made in Form C2 setting out the reasons for the request. 3 Nothing in this rule shall prevent the notification by the court or the proper officer or chief clerk of a direction under Article 56(1) to the authority concerned. [ Notification of consent 4.25 1 Consent for the purposes of— a Article 16(3), b Article 33(3)(c) or (d), c Article 57A(2)(b)(ii), or d Article 63A(2)(b)(ii) shall be given either— i orally in court, or ii in writing to the court signed by the person giving his consent. 2 Any written consent given for the purposes of sub-paragraph (2) of Article 57A or Article 63A, shall include a statement that the person giving consent— a is able and willing to give to the child the care which it would be reasonable to expect a parent to give him; and b understands that the giving of consent could lead to the exclusion of the relevant person from the dwelling house in which the child lives. Exclusion requirements: interim care orders and emergency protection orders 4.25A 1 This rule applies where the court includes an exclusion requirement in an interim care order or an emergency protection order. 2 The applicant shall— a prepare a separate statement of evidence in support of the making of the exclusion requirement; b serve the statement personally on the relevant person with a copy of the order containing the exclusion requirement; c inform the relevant person of his right to apply to vary or discharge the exclusion requirement. 3 The relevant person shall serve the parties to the proceedings with any application which he makes for the variation or discharge of the exclusion requirement. 4 Where an exclusion requirement ceases to have effect whether— a as a result of the removal of a child under Article 57A(6) or 63A(6). b because of the discharge of the interim care order or emergency protection order, or c otherwise, the applicant shall inform— i the relevant person, ii the parties to the proceedings, iii (where necessary) the court. 5 Where the court includes an exclusion requirement in an interim care order or an emergency protection order of its own motion, paragraph (2) shall apply with the omission of any reference to the statement of the evidence. 6 In this rule— “ the applicant ” means the person who initiated the proceedings in which the interim care order or emergency protection order is made; “ exclusion requirement ” means one or more of the provisions referred to in Article 57A(3) or, as the case may be, Article 63A(3); and “relevant person” has the same meaning as in Article 57A(2)(a) or, as the case may be, Article 63A(2)(a).] Secure accommodation 4.26 In proceedings under Article 44, the court shall, if practicable, arrange for copies of all written reports before it to be made available before the hearing to— a the applicant, b the parent or guardian of the child, c any legal representative of the child, d the guardian ad litem; and e the child, unless the court otherwise directs and copies of such reports may, if the court considers it desirable, be shown to any person who is entitled to notice of the proceedings in accordance with these rules. Investigation under Article 56 4.27 1 This rule applies where a direction is given to an appropriate authority by the High Court or a county court under Article 56(1). 2 On giving a direction the court shall adjourn the proceedings and shall record the direction in Form C35. 3 A copy of the direction recorded under paragraph (2) shall, as soon as practicable after the direction is given, be served by the proper officer or chief clerk on the parties to the proceedings in which the direction is given and where the appropriate authority is not a party, on that authority. 4 When serving the copy of the direction on the appropriate authority the proper officer or chief clerk shall also serve copies of such of the documentary evidence which has been, or is to be, adduced in the proceedings as the court may direct. 5 Where an authority informs the court of any of the matters set out in Article 56(3)(a) to (c) it shall do so in writing. [ APPLICATIONS RELATING TO THE COUNCIL REGULATION AND THE 1996 HAGUE CONVENTION Interpretation 4.28 1 In rules 4.28 to 4.39— “ Central Authority ” means, in relation to Northern Ireland, the Department of Justice; “ Contracting State ” means a State party to the 1996 Hague Convention; ... “ parental responsibility ” has the meaning given in— ... Article 1(2) of the 1996 Hague Convention in relation to proceedings under that Convention; ... ... 2 In rules 4.29 to 4.38, references to the court of another Contracting State include authorities of Contracting States which have jurisdiction to take measures directed to the protection of the person or property of the child within the meaning of the 1996 Hague Convention. Transfer of proceedings ... under Article 8 of the 1996 Hague Convention 4.29 1 Where a court is considering the transfer of proceedings to the court of another ... Contracting State under rules 4.30 to 4.32 it will— a fix a date for a hearing for the court to consider the question of transfer; and b give directions as to the manner in which the parties may make representations. 2 The court may, with the consent of all parties, deal with the question of transfer without a hearing. 3 Directions which are in force immediately prior to the transfer of proceedings to a court in another ... Contracting State under rules 4.30 to 4.32 will continue to apply until the court in that other State accepts jurisdiction in accordance with the provisions of ... the 1996 Hague Convention ..., subject to any variation or revocation of the directions. 4 The proper officer or chief clerk will— a take a note of the giving, variation or revocation of directions under this rule; and b as soon as practicable serve a copy of the directions order on every party. 5 A register of all applications and requests for transfer of jurisdiction to or from another ... Contracting State will be kept by the proper officer. Application by a party for transfer of the proceedings 4.30 1 A party may apply to the court ... under Article 8(1) of the 1996 Hague Convention— a to stay the proceedings, or a specified part of the proceedings, and to invite the parties to introduce a request before a court of another ... Contracting State; or b to make a request to a court of ... another Contracting State to assume jurisdiction for the proceedings, or a specified part of the proceedings. 2 An application under paragraph (1) must be made— a to the court in which the relevant parental responsibility proceedings are pending; and b in Form C1 or C2 as appropriate. 3 The applicant must file the application and serve it on the respondent not less than 6 weeks before the hearing of the application. Application by a court of another Member State or another Contracting State for transfer of the proceedings 4.31 1 This rule applies where a court of ... another Contracting State makes an application ... under Article 9 of the 1996 Hague Convention that the court having jurisdiction in relation to the proceedings transfer the proceedings, or a specified part of the proceedings, to the applicant court. 2 When the court receives the application, the proper officer or chief clerk will— a as soon as practicable, notify the Central Authority for Northern Ireland of the application; and b serve the application, and notice of the hearing on all other parties in Northern Ireland not less than 5 days before the hearing of the application. Exercise by the court of its own motion of powers to seek to transfer the proceedings 4.32 1 The court having jurisdiction in relation to the proceedings may exercise its powers of its own motion under ... Article 8 of the 1996 Hague Convention in relation to the proceedings, or a specified part of the proceedings. 2 Where the court proposes to exercise its powers, the proper officer or chief clerk will give the parties not less than 5 days notice of the hearing. Application to High Court to make request ... or Article 9 of the 1996 Hague Convention to request transfer of jurisdiction 4.33 1 An application from an interested person for the court to request transfer of jurisdiction in a matter concerning a child from ... another Contracting State ... or Article 9 of the 1996 Hague Convention ... must be made to the Office of Care and Protection and heard in the High Court. 2 An application must be made without notice to any other person and the court may give directions about joining any other party to the application. 3 Where there is agreement between the court and the court or competent authority to which the request under paragraph (1) is made to transfer the matter to the courts of Northern Ireland, the court will consider with that other court or competent authority the specific timing and conditions for the transfer. 4 Upon receipt of agreement to transfer jurisdiction from the court or other competent authority in the ... Contracting State to which the request has been made, the proper officer will serve on the applicant a notice that jurisdiction has been accepted by the courts of Northern Ireland. 5 The applicant must attach the notice referred to in paragraph (3) to any subsequent application in relation to the child. 6 Nothing in this rule requires an application with respect to a child commenced following a transfer of jurisdiction to be made to or heard in the High Court. 7 Upon allocation, the court to which the proceedings are allocated must forthwith fix a directions hearing to consider the future conduct of the case. Procedure where the court receives a request from the authorities of another ... Contracting State to assume jurisdiction in a matter concerning a child 4.34 1 Where any court other than the High Court receives a request to assume jurisdiction in a matter concerning a child from a court or other authority which has jurisdiction in another ... Contracting State, that court must forthwith refer the request to a judge of the High Court for a decision regarding acceptance of jurisdiction to be made. 2 Upon the High Court agreeing to the request under paragraph (1), the proper officer will notify the parties to the proceedings before the other ... Contracting State of that decision, and the case must be allocated as if the application had been made in Northern Ireland. 3 Upon allocation, the court to which the proceedings are allocated must forthwith fix a directions hearing to consider the future conduct of the case. 4 The proper officer will serve notice of the directions hearing on all parties to the proceedings in the other ... Contracting State no later than 5 days before the date of that hearing. Service of the court’s order or request relating to transfer of jurisdiction under ... the 1996 Hague Convention 4.35 —The proper officer will serve an order or request relating to transfer of jurisdiction on all parties, the Central Authority of the other ... Contracting State, and the Central Authority for Northern Ireland. Questions as to the court’s jurisdiction or whether the proceedings should be stayed 4.36 1 If at any time after issue of an application it appears to the court that ... Article 13 of the 1996 Hague Convention it is or may be required to stay the proceedings or to decline jurisdiction, the court must— a stay the proceedings; and b fix a date for a hearing to determine jurisdiction or whether there should be a stay or other order. 2 The proper officer or chief clerk will serve notice of the hearing referred to at paragraph (1)(b) on the parties to the proceedings. 3 The court must, in writing— a give reasons for its decision under paragraph (1); and b where it makes a finding of fact, state such finding. 4 The court may with the consent of all the parties deal with any question as to the jurisdiction of the court, or as to whether the proceedings should be stayed, without a hearing. Request for consultation as to contemplated placement of child in Northern Ireland 4.37 1 This rule applies to a request made— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b under Article 33 of the 1996 Hague Convention by a court in another Contracting State, for consultation on or consent to the contemplated placement of a child in Northern Ireland. 2 Where the court receives a request directly from a court in another ... Contracting State, the court must, as soon as practicable after receipt of the request, notify the Central Authority for Northern Ireland of the request and take the appropriate action under paragraph (4). 3 Where it appears to the proper officer or chief clerk that no proceedings relating to the child are pending before a court in Northern Ireland, the proper officer or chief clerk, as the case may be, must inform the Central Authority for Northern Ireland of that fact and forward to the Central Authority all documents relating to the request sent by the court in the other ... Contracting State. 4 Where the court receives a request forwarded by the Central Authority for Northern Ireland, the court must, as soon as practicable after receipt of the request, either— a where proceedings relating to the child are pending before the court, fix a directions hearing; or b where proceedings relating to the child are pending before another court in Northern Ireland send a copy of the request to that court and notify the Central Authority for Northern Ireland of this action. Request made by court in Northern Ireland for consultation as to contemplated placement of child in another ... Contracting State 4.38 1 This rule applies where the court is contemplating the placement of a child in ... another Contracting State under Article 33 of the 1996 Hague Convention, and proposes to send a request for consultation with or for the consent of the Central Authority or other authority having jurisdiction in the other State in relation to the contemplated placement. 2 In this rule, a reference to “ the request ” includes a reference to a report prepared for the purposes of Article 33 of the 1996 Hague Convention where the request is made under that Convention. 3 Where the court sends the request directly to the Central Authority or other authority having jurisdiction in the other State, it must at the same time send a copy of the request to the Central Authority for Northern Ireland. 4 The court may send the request to the Central Authority for Northern Ireland for onward transmission to the Central Authority or other authority having jurisdiction in the other ... State. 5 The court should give consideration to the documents which should accompany the request. Application for a declaration as to the extent, or existence, of parental responsibility in relation to a child under Article 16 of the 1996 Hague Convention 4.39 1 Any interested person may apply for a declaration— a that a person has, or does not have, parental responsibility for a child; or b as to the extent of a person’s parental responsibility for a child, where the question arises by virtue of the application of Article 16 of the 1996 Hague Convention. 2 An application for a declaration as to the extent, or existence of a persons parental responsibility for a child by virtue of Article 16 of the 1996 Hague Convention must be made in the Office of Care and Protection and heard in the High Court. 3 An application under paragraph (1) may not be made where the question raised is otherwise capable of resolution in any other family proceedings in respect of the child.] [ PART IVA FREEING FOR ADOPTION AND ADOPTION ORDERS INTRODUCTORY Interpretation 4A.1 1 In this Part and Parts IVB and IVC, unless the context otherwise requires— “ the 1976 Act ” means the Adoption Act 1976 ; “ the 1978 Act ” means the Adoption (Scotland) Act 1978 ; “ the Order of 1987 ” means the Adoption (Northern Ireland) Order 1978 and— a reference to an Article by number is a reference to that Article as numbered in that Order; and expressions which are defined in the Order of 1987 have the same meaning as in that Order; “ adoption agency ” means a Board or a registered adoption society which is an accredited body for the purposes of the Convention ; “ parental responsibility ” has the same meaning as in the Order of 1995; “ application” means an application made under or by virtue of the Order of 1987 or under these Rules and “applicant ” shall be construed accordingly; “ Board ” means a Health and Social Services Board or, as the case may be, a Trust; “ CA of the receiving State ” means, in relation to a Convention country other than the United Kingdom, the Central Authority of the receiving State; “ CA of the State of origin ” means, in relation to a Convention country other than the United Kingdom, the Central Authority of the State of origin; “ Central Authority ” means the Department of Health, Social Services and Public Safety; “ the child ” means the person whom the applicant for an adoption order or an order authorising a proposed foreign adoption proposes to adopt, or, as the case may be, the person the adoption agency proposes should be freed for adoption; “ Convention ” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993; “ Convention country ” means any country or territory in which the Convention is in force; “ Convention proceedings ” means proceedings in the High Court or a county court for a Convention adoption order or in connection with a Convention adoption order or a Convention adoption ; “ Hague Convention Regulations ” means the Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003 ; “ interim order ” means an order under Article 26; “ the Master ” means the Master (Care and Protection) or, as the case may be, the chief clerk; “ medical practitioner ” has the meaning assigned by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 ; “ the Office ” means the Office of Care and Protection or, where appropriate, the office of the chief clerk ...; “ order authorising a proposed foreign adoption ” means an order under Article 57; “ receiving State ” means the State in which it is proposed that the child will become habitually resident; “ regular armed forces of the Crown ” means the Royal Navy, the Regular Armed Forces as defined by section 225 of the Army Act 1955 , the Regular Air Force as defined by section 223 of the Air Force Act 1955 , the Queen Alexandra’s Royal Naval Nursing Service and the Women’s Royal Naval Service; “ State of origin ” means the State in which the child is habitually resident. Proceedings 4A.2 Any hearing of an application shall be dealt with in chambers unless the court otherwise directs. FREEING FOR ADOPTION Commencement of proceedings under Article 17 4A.3 1 An application under Article 17 (freeing child for adoption with parental agreement) for an order freeing a child for adoption shall be made in Form A1. 2 The applicants shall be the adoption agency and each parent or guardian of the child and the respondents shall be— a any Board or voluntary organisation that has parental responsibility for, is looking after, or is caring for the child; b any person (not being an applicant) liable by virtue of any order or agreement to contribute to the maintenance of the child; and c the child. 3 The court may at any time direct that any other person or body be made a respondent to the application. 4 On filing the application the applicant shall pay the appropriate fee and supply three copies of:— a Form A1, together with any other documents required to be supplied under this Part, and b a report, in writing, covering all the relevant matters specified in Part I of Appendix 4. Commencement of proceedings under Article 18 4A.4 1 An application under Article 18 (Freeing child for adoption without parental agreement) for an order freeing a child for adoption shall be made in Form A2. 2 The applicant shall be the adoption agency and the respondents shall be each parent or guardian of the child and those persons prescribed by rule 4A.3(2). 3 The court may at any time direct that any other person or body be made a respondent to the application. 4 There shall be attached to the application a statement of the facts upon which the applicant intends to rely for the purpose of satisfying the court that the agreement of each parent or guardian of the child to the making of an adoption order ought to be dispensed with on a ground specified in Article 16(2). 5 Where the applicant has been informed by a person with whom the child has been placed for adoption that he wishes his identity to remain confidential, the statement of facts supplied under paragraph (4) shall be framed in such a way as not to disclose the identity of that person. 6 Except where the request for dispensation is based on the ground that the parent or guardian cannot be found, the Master shall, as soon as practicable, inform the parent or guardian of the request to dispense with his agreement and shall send him a copy of the statement supplied under paragraph (4). 7 On filing the application the applicant shall pay the appropriate fee and supply three copies of:— a Form A2, together with any other documents required to be supplied under this Part; b a report in writing covering all the relevant matters specified in Part I of Appendix 4; c the statement of facts. Appointment of guardian ad litem 4A.5 1 As soon as practicable after the application has been filed, the Master shall appoint a guardian ad litem of the child, and shall send to him a copy of the application and any documents attached thereto and of the report supplied by the applicant and that report shall be confidential. 2 The guardian ad litem shall not be a member or employee of the applicant or any respondent body nor have been involved in the making of any arrangements for the adoption of the child. Duties of the guardian ad litem 4A.6 1 The guardian ad litem shall:— a ensure, so far as is reasonably practicable, that any agreement to the making of an adoption order is given freely and unconditionally and with full understanding of what is involved; b confirm that the parent or guardian has been given an opportunity of making a declaration under Article 17(5), that he prefers not to be involved in future questions concerning the adoption of the child; c investigate all the circumstances relevant to any such agreement or declaration; d where it is proposed to free for adoption a child whose parents were not married to each other at the time of his birth and whose father is not his guardian, take all reasonable steps to identify any person claiming to be the father in order to be able to advise the court— i of that person’s views; ii of whether that person intends to apply for an order under Article 7(1) or 10 of the Order of 1995; iii of any matter relevant to the determination of an application. e on completing his investigations make a report in writing to the court, drawing attention to any matters which, in his opinion, may be of assistance to the court in considering the application, and shall notify the applicant that he has done so. 2 With a view to safeguarding the interests of the child before the court, the guardian ad litem shall, so far as is reasonably practicable— a investigate— i the matters alleged in the application, the report supplied by the applicant and, where appropriate, the statement of facts supplied under rule 4A.4; and ii any other matters which appear to him to be relevant to the making of an order freeing the child for adoption; b advise whether, in his opinion, the child should be present at the hearing of the application; and c perform such other duties as appear to him to be necessary or as the court may direct. 3 With a view to obtaining the directions of the court on any matter, the guardian ad litem may at any time make such interim report to the court as appears to him to be necessary and in such a case the Master shall notify the applicant. 4 The court may, at any time before the final determination of the application, require the guardian ad litem to perform such further duties as the court considers necessary. 5 The guardian ad litem shall attend any hearing of the application if so required by the court. 6 Any report made to the court under this rule shall be confidential. Agreement 4A.7 1 Any document signifying the agreement of a person to the making of an adoption order shall be in Form A3, and, shall, if executed in Northern Ireland, be witnessed by a Lay Magistrate. 2 If the document is executed in Scotland it shall be witnessed by a Justice of the Peace or a Sheriff. 3 If the document is executed in England and Wales it shall be witnessed by a Justice of the Peace. 4 If the document is executed outside the United Kingdom it shall be witnessed by one of the following persons— a any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose; b a British consular officer; c a notary public; or d if the person executing the document is serving in any of the regular armed forces of the Crown, an officer holding a commission in any of those forces. 5 If the document is executed by a person outside Northern Ireland before the commencement of the proceedings it shall be filed with the application. Notice of hearing 4A.8 1 Within 14 days of being notified by the guardian ad litem that he has made his report to the court, the applicant shall apply to the Master to fix a date for the hearing of the application. 2 On an application under paragraph (1) the Master shall fix a date and time for the hearing and shall take account of any directions given under paragraph (5) and rule 4A.10(3). 3 The Master shall inform the applicant and the guardian ad litem of the date and time fixed for the hearing and the applicant shall serve notice of the hearing on all the parties in Form A4. 4 Anyone who wishes to object to the making of an order freeing the child for adoption shall, within 14 days of the date of service on him of the notice of hearing, give the Master written notice of his intention to object in Form A5. 5 If at any stage before the hearing of the application it appears to the court that directions for the hearing are required the court may give such directions as it considers necessary. Objections 4A.9 1 Where the Master receives notice of objection under rule 4A.8 he shall notify the judge, the applicant or his solicitor and the guardian ad litem and the judge shall give such directions as appear appropriate. 2 The judge may direct that the person who served such notice of objection shall appear before him in his chambers on a date fixed by him and, upon hearing the nature or grounds for objection made by him or his legal representative on his behalf, may give such directions or make such orders as appear just. The hearing 4A.10 1 Subject to any directions given under rule 4A.9(2), on the hearing of the application, any person upon whom notice is required to be served under rule 4A.8 may attend and be heard on the question whether an order freeing the child for adoption should be made. 2 Any member or employee of a Board, adoption agency or other body which is a party to the proceedings may address the court if he is duly authorised in that behalf. 3 Where the court has been informed by the applicant that the child has been placed with a person (whether alone or jointly with another) for adoption and that person wishes his identity to remain confidential, the proceedings shall be conducted with a view to securing that any such person is not seen by or made known to any respondent who is not already aware of his identity, except with his consent. 4 Evidence may be given orally or by affidavit, but where the evidence of any person is on affidavit, the judge may require such person to give oral evidence. 5 Subject to paragraph (6), the judge shall not make an order freeing the child for adoption except after the personal attendance before him of the child and of a representative of the applicant duly authorised in that behalf. 6 If there are special circumstances which, having regard to the report of the guardian ad litem, appear to the court to make the attendance of the child unnecessary, the court may direct that the child need not attend. 7 If there are special circumstances which appear to the court to make the attendance of any other party desirable, the court may direct that that party shall attend. Proof of identity of child, etc. 4A.11 1 Where the child who is the subject of the proceedings is identified in the application by reference to a birth certificate which is the same, or relates to the same entry in the Register of Births, as a birth certificate exhibited to a form of agreement, the child so identified shall be deemed, unless the contrary appears, to be the child to whom the form of agreement refers. 2 Where the child has previously been adopted, paragraph (1) shall have effect as if for the references to a birth certificate and to the Register of Births there were substituted respectively references to a certified copy of an entry in the Adopted Children Register and to that Register. 3 Where the precise date of the child’s birth is not proved to the satisfaction of the court, the court shall determine the probable date of his birth and the date so determined may be specified in the order freeing the child for adoption as the date of his birth. 4 Where the place of birth of the child cannot be proved to the satisfaction of the court but it appears probable that the child was born in the United Kingdom, the Channel Islands or the Isle of Man, he may be treated as having been born in the registration district in which the court sits, and in any other case (where the country of birth is not proved) the particulars of the country of birth may be omitted from the order freeing the child for adoption. Application for revocation of order freeing a child for adoption 4A.12 1 An application under Article 20(1) for an order revoking an order freeing the child for adoption shall be made in Form A6. 2 Notice of proceedings in Form A7 shall be served by the applicant on all parties and on any adoption agency which has parental responsibility for the child by virtue of Articles 17, 18 or 21, sections 18 or 21 of the 1976 Act or sections 18 or 21 of the 1978 Act save that notice shall not be served on a party to the proceedings who was joined as a party by virtue of rule 4A.3(2)(a). 3 As soon as practicable after receipt of the application, the Master shall list the case for hearing by a judge and shall appoint a guardian ad litem of the child in accordance with rule 4A.5 and shall send to him a copy of the application and any documents attached thereto. 4 The guardian ad litem shall have the same duties as if he had been appointed under rule 4A.5 but as if in that rule:— a the reference to an order freeing the child for adoption was a reference to the revocation of an order freeing the child for adoption; and b each reference to the report supplied by the applicant was omitted. Substitution of one adoption agency for another 4A.13 1 An application under Article 21 shall be made in Form A8. 2 Notice of any order made under Article 21 shall be sent by the court to the court which made the order under Articles 17, 18 or 21 (if a different court), or under section 18 or 21 of the 1976 Act or under sections 18 or 21 of the 1978 Act and to any former parent of the child. ADOPTION ORDERS Application for a serial number 4A.14 Any person proposing to apply to the court for an adoption order who wishes his identity to be kept confidential, may, before commencing proceedings, apply to the Master for a serial number to be assigned to him for the purpose of identifying him in the proposed proceedings and a number shall be assigned to him accordingly. Commencement of proceedings 4A.15 1 An application for an adoption order shall be made in Form A9. 2 The respondents shall be— a each parent or guardian (not being an applicant) of the child, unless the child is free for adoption; b any adoption agency having parental responsibility for the child by virtue of Articles 17, 18 or 21, or under sections 18 or 21 of the 1976 Act or sections 18 or 21 of the 1978 Act; c any adoption agency named in the application or in any form of agreement to the making of the adoption order as having taken part in the arrangements for the adoption of the child; d any Board to whom the applicant has given notice under Article 22 of his intention to apply for an adoption order; e any Board or voluntary organisation that has parental responsibility for, is looking after, or is caring for, the child; f any person (not being an applicant) liable by virtue of any order or agreement to contribute to the maintenance of the child; g where the applicant proposes to rely on Article 15(1)(b)(ii), the spouse of the applicant; and h the child. 3 The court may at any time direct that any other person or body be made a respondent to the application. 4 Notice to the Board for the purposes of Article 22(1) may be given in Form A10. 5 On filing the application the applicant shall pay the appropriate fee and supply three copies of— a Form A9, together with any other documents required to be supplied under this Part, and b where the child was not placed for adoption with the applicant by an adoption agency, save where the applicant or one of the applicants is a parent of the child, reports by a medical practitioner made not more than three months earlier on the health of the child and of each applicant, covering the matters specified in Part II of Appendix 4. Statement of facts in dispensation cases 4A.16 1 Where the child is not free for adoption and the applicant intends to request the court to dispense with the agreement of a parent or guardian of the child on any of the grounds specified in Article 16(2), the request shall be included in the application and there shall be attached to the application three copies of a statement of facts on which the applicant intends to rely. 2 Where a serial number has been assigned to the applicant under rule 4A.14 the statement of facts supplied under paragraph (1) shall be framed in such a way as not to disclose the identity of that person. 3 Except where the request for dispensation is based on the ground that the parent or guardian cannot be found, the Master shall, as soon as practicable, inform the parent or guardian of the request to dispense with his agreement and shall send him a copy of the statement supplied under paragraph (1). Appointment of guardian ad litem 4A.17 1 As soon as practicable after the application has been filed, the Master shall appoint a guardian ad litem of the child and shall send to him a copy of the application, together with any documents attached thereto. 2 The guardian ad litem shall not be a member or employee of the applicant or any respondent body nor have been involved in the making of any arrangements for the adoption of the child. 3 Where the child is free for adoption, the guardian ad litem shall, where practicable, be the same person who was appointed under rule 4A.5. Duties of guardian ad litem 4A.18 1 With a view to safeguarding the interests of the child before the court the guardian ad litem shall— a ensure so far as is reasonably practicable that any agreement to the making of the adoption order is given freely and unconditionally and with full understanding of what is involved; b investigate all the circumstances relevant to any such agreement; c investigate so far as is reasonably practicable— i the matters alleged in the application, any report supplied under rule 4A.15(5)(b) and, where appropriate, the statement of facts supplied under rule 4A.16; ii any other matters which appear to him to be relevant to the making of an adoption order; d on completing his investigations make a report in writing to the court, drawing attention to any matters which, in his opinion, may be of assistance to the court in considering the application, and shall notify the applicant that he has done so; e advise whether, in his opinion, the child should be present at the hearing of the application; and f perform such other duties as appear to him to be necessary or as the court may direct. 2 Paragraphs (3) to (6) of rule 4A.6 shall apply to a guardian ad litem appointed under this rule as they apply to a guardian ad litem appointed under that rule. Agreement 4A.19 1 Save with the leave of the court, any document signifying the agreement of a person to the making of the adoption order shall be in Form A11 and shall, if executed in Northern Ireland, be witnessed by a Lay Magistrate. 2 If the document is executed outside Northern Ireland it shall be witnessed by one of the persons specified in rule 4A.7(2), (3) or (4), according to the country in which it is executed. 3 If the document is executed outside Northern Ireland before the commencement of the proceedings it shall be filed with the application. Notice of hearing 4A.20 1 Within 14 days of being notified by the guardian ad litem that he has made his report to the court, the applicant shall apply to the Master to fix a date for the hearing of the application. 2 On an application under paragraph (1) the Master shall fix a date and time for the hearing and shall take account of any directions given under paragraph (7). 3 The Master shall inform the applicant and the guardian ad litem of the date and time fixed for hearing and the applicant shall, unless he desires his identity to be kept confidential, serve notice of the hearing on all the parties in Form A12. 4 Where the applicant desires that his identity be kept confidential he shall, in lieu of serving a notice in Form A12, serve upon the parties a notice of presentation in Form A13. 5 If the applicant has no solicitor acting for him the notice in Form A12 or Form A13 shall be signed by the Master. 6 Anyone wishing to object to the making of an adoption order, shall within 14 days of the date of service on him, of the notice of hearing or as the case may be the notice of presentation give the Master written notice of his intention to object in Form A14 or Form A15 as the case may be, quoting the serial number of the application. 7 If at any stage before the hearing of the application it appears to the court that directions for the hearing are required the court may give such directions as it considers necessary. Objections 4A.21 1 Where the Master receives notice of objection under rule 4A.20(6) he shall notify the judge, the applicant (or his solicitor) and the guardian ad litem, and the judge shall give such directions as appear appropriate. 2 The judge may direct that the person who served such notice of objection shall appear before him in his chambers on a date fixed by him and upon hearing the nature or grounds for objection made by him or by his legal representative on his behalf, give such directions or make such orders as appear just. Reports by adoption agency or Board 4A.22 1 Where the child was placed for adoption with the applicant by an adoption agency, that agency shall supply, within six weeks of receipt of the notice of hearing under rule 4A.20, three copies of a report in writing covering the matters specified in Part I of Appendix 4. 2 Where the child was not placed for adoption with the applicant by an adoption agency, the Board to whom the notice under Article 22 of the Order was given shall supply, within six weeks of receipt of the notice of hearing or notice of presentation under rule 4A.20, three copies of a report in writing covering the matters specified in Part I of Appendix 4. 3 The court may request a further report under paragraph (1) or (2) and may indicate any particular matters it requires such a further report to cover. 4 The Master shall send a copy of any report supplied under paragraph (1) or (2) to the guardian ad litem. 5 No other person shall be supplied with a copy of any report supplied under paragraph (1) or (2) and any such report shall be confidential. The hearing 4A.23 1 Subject to any directions given under rule 4A.21(2) on the hearing of the application, any person served with a notice of hearing under rule 4A.20(3) may attend and be heard on the question whether an adoption order should be made. 2 Any member or employee of a Board, adoption agency or other body which is a party to the proceedings may address the court if he is duly authorised in that behalf. 3 If a serial number has been assigned to the applicant under rule 4A.14 the proceedings shall be conducted with a view to securing that he is not seen or made known to any respondent who is not already aware of his identity, except with his consent. 4 Subject to paragraphs (5) and (7), the judge shall not make an adoption order or an interim order except after the personal attendance before him of the applicant and the child. 5 If there are special circumstances which, having regard to the report of the guardian ad litem, appear to the court to make the attendance of the child unnecessary, the court may direct that the child need not attend. 6 If there are special circumstances which appear to the court to make the attendance of any other party desirable, the court may direct that that party shall attend. 7 In the case of an application under Article 14, the judge may in special circumstances make an adoption order or an interim order after the personal attendance of one only of the applicants, if the application is verified by an affidavit sworn by the other applicant or, if he is outside the United Kingdom, by a declaration made by him and witnessed by any of the persons specified in rule 4A.7(4). Proof of identity of child, etc 4A.24 1 Where the child who is the subject of the proceedings is identified in the application by reference to a birth certificate which is the same, or relates to the same entry in the Register of Births, as a birth certificate exhibited to a form of agreement, the child so identified shall be deemed, unless the contrary appears, to be the child to whom the form of agreement refers. 2 Where the child has previously been adopted, paragraph (1) shall have effect as if for the references to a birth certificate and to the Register of Births, there were substituted respectively references to a certified copy of an entry in the Adopted Children Register and to that Register. 3 Subject to paragraph (5), where the precise date of the child’s birth is not proved to the satisfaction of the court, the court shall determine the probable date of his birth and the date so determined may be specified in the adoption order as the date of his birth. 4 Subject to paragraph (5), where the place of birth of the child cannot be proved to the satisfaction of the court but it appears probable that the child was born in the United Kingdom, the Channel Islands or the Isle of Man, he may be treated as having been born in the registration district in which the court sits, and in any other case (where the country of birth is not approved) the particulars of the country of birth may be omitted from the adoption order. 5 Where the child is free for adoption, any order made identifying the probable date and place of birth of the child in the proceedings under Article 17 or 18 or under section 18 of the 1976 Act or section 18 of the 1978 Act shall be sufficient proof of the date and place of birth of the child in proceedings to which this rule applies. Further proceedings after interim order 4A.25 1 Where an interim order is made under Article 26 and the application is postponed without a date being filed for a further hearing, the applicant shall, at least 2 months before the expiration of the period specified in the interim order, obtain a date for the further hearing of the application from the Master, and if he fails to do so, the guardian ad litem shall obtain such a date. 2 When the date for a further hearing is fixed the applicant shall, unless the Master otherwise directs, serve a notice in Form A12 or Form A13 of the hearing on the parties and to the guardian ad litem not less than one month before that date. PART IVB CONVENTION PROCEEDINGS Introductory 4B.1 This Part shall apply to Convention proceedings and, subject to the provisions of this Part, rules 4A.2, 4A.14 to 4A.24 and Part IVC shall apply, with the necessary modifications, to Convention proceedings. Application 4B.2 1 An applicant for a Convention adoption order shall state in his application that he is applying for a Convention adoption order. 2 The application— a need not contain paragraphs corresponding to paragraph 2.24 or 25 of Form A9, but, b shall contain the additional information required by Part III of Appendix 4. Statement at hearing 4B.3 The requirements prescribed by regulations 19 and 30 of the Hague Convention Regulations may be established by a document executed by the applicant containing a statement to that effect attested in accordance with rule 4B.14 and such a statement shall be admissible in evidence without further proof of the signature of the applicant. Form of consent 4B.4 1 Any document signifying the consent of a person to, or otherwise containing the opinion of a person on the making of, the Convention adoption order shall be in a form which complies with the internal law relating to adoption of the Convention country of which the child is a national: Provided that where the court is not satisfied that a person consents with full understanding of what is involved, it may call for further evidence. 2 A document referred to in paragraph (1) shall, if sufficiently witnessed, be admissible as evidence of the consent or opinion contained therein without further proof of the signature of the person by whom it is executed. 3 A document referred to in paragraph (1) shall, if executed before the date of the application, be attached to that application. Notice of hearing 4B.5 1 On serving notice of the hearing or notice of presentation on the parties as required under rule 4A.20, the applicant shall also serve notice on any person:— a whose consent to the making of the order is required, not being an applicant, or b who, in accordance with the internal law relating to adoption of the Convention country of which the child is a national has to be consulted about, but does not have to consent to, the adoption. 2 Any person served or required to be served with notice under this rule shall be treated as if he had been served or was required to be served with notice under rule 4A.20. Application to annul a Convention adoption or Convention adoption order 4B.6 1 An application for an order under Article 55A(1) shall be made in Form A16. 2 An application for an order under Article 55A(1) may be made by— a the adopter or adopters, or b the adopted person, or c the relevant Central Authority, or d the adoption agency, or e the Board to whom notice under Article 22 was given (if different), or f the Secretary of State for the Home Department. 3 The respondent shall be— a the adopted person; and b any adopter, not being the applicant. 4 The court may require notice of the application to be served on such persons as it thinks fit. Application for directions where a full adoption has not been made 4B.7 1 An application for a direction under Article 40(3A) may— a be made by the adopted child, the adopter or adopters or the birth parents of the child; and b shall be made in Form A17. 2 The respondents shall be— a the adopter or adopters (if not the applicant), b the birth parents (if not the applicant), c the adoption agency, d the Board to whom notice under Article 22 was given (if different), e the Attorney General and the court may require notice of the application to be served on such other persons as it thinks fit, including the child, having regard to the child’s age and degree of maturity. Application to declare overseas adoption invalid or determination invalid or affected 4B.8 1 An application for an order or decision under Article 55A(2) shall be made in Form A18. 2 The respondent shall be— a the adopted person; and b any adopter, not being the applicant. Evidence in support of application 4B.9 1 Evidence in support of an application under Article 55A shall be given by means of an affidavit in Form A19 which shall be filed within 14 days after the issue of the application. 2 There shall be exhibited to the affidavit a statement of facts and there shall be filed with the affidavit expert evidence of any provision of foreign law relating to adoption on which the applicant intends to rely. 3 The court may order any deponent to give oral evidence concerning the grounds stated in, or exhibited to, his affidavit. Notice of order made under Article 55A 4B.10 Where under Article 55A the court has ordered that an adoption be annulled or that an adoption or a determination shall cease to be valid in Northern Ireland, the Master shall serve notice of the order on the Registrar General and, where it relates to a Convention adoption order or a Convention adoption, the relevant Central Authority, and shall state in the notice— a the date of the adoption; b the name and address of the authority which granted the adoption; and c the names of the adopter or adopters and of the adopted person as given in the affidavit referred to in rule 4B.9. Application for removal, return etc. of the child in Convention proceedings 4B.11 1 Paragraph (2) shall apply where— a a notice under regulation 16(1) of the Hague Convention Regulations has been given but not been complied with; or b before such a notice was given an application for a Convention adoption order has been made and not disposed of. 2 Where this paragraph applies, an application for the return of the child shall be made in writing by the Board to whom notice under Article 22 was given. 3 The respondents shall be— a the prospective adopter or adopters, b the guardian ad litem, c the adoption agency (if different) and the court may require notice of the application to be served on such other persons as it thinks fit, including the child, having regard to the child’s age and degree of maturity. 4 Any respondent who wishes to contest the notice shall, within 7 days of service of the notice upon him, file and serve an answer. 5 The Master shall list the case for hearing on a date not more than 21 days from the date the application under paragraph (2) was submitted to the court. Specific applications 4B.12 1 Where a Convention adoption order is to be or has been sought and has not been disposed of the applicant or proposed applicant may apply to the court for an order— a permitting the child to be known by a new surname, or b permitting the child to be removed from the United Kingdom for a period of one month or more. 2 The application under paragraph (1) shall be made— a if an application for a Convention adoption order under Article 16A is pending, on notice in those proceedings; or b if no such application is pending, by filing written application in the court. 3 The Master shall serve a copy of the application and a notice of the date of the hearing— a in a case where proceedings for an adoption order are pending on all the parties to those proceedings and on the guardian ad litem; b in any other case, on the adoption agency and the Board to whom notice under Article 22 was given. Witnessing of documents 4B.13 A document shall be sufficiently attested for the purposes of this Part of these rules if it is witnessed by one of the following persons— a if it is executed in Northern Ireland, the guardian ad litem, a Lay Magistrate, any officer of the Court of Judicature appointed by the Lord Chief Justice in accordance with section 112 of the Judicature (Northern Ireland) Act 1978 ; b if it is executed elsewhere, any person specified in rule 4A.7(2), (3) or (4), according to the country in which it is executed. Service of documents 4B.14 Any document served out of the jurisdiction in a country in which English is not an official language shall be accompanied by a translation of the document in the official language of the country in which service is to be effected or, if there is more than one official language of the country, in any one of those languages which is appropriate to the place in that country where service is to be effected. Translation of documents 4B.15 Where a translation of any document is required for the purposes of Convention proceedings, the translation shall, unless otherwise directed, be provided by the applicant. PART IVC MISCELLANEOUS PROCEEDINGS UNDER THE ORDER OF 1987 Application for leave of the court etc 4C.1 1 An application under— a Article 20(2); b Article 28(1) or (2); c Article 29(1) or (2); d Article 30(1); e Article 30(2); or f Article 31(2), shall be made in accordance with paragraph (2). 2 An application pursuant to paragraph (1) shall be made— a if an application for an adoption order or an order under Articles 17, 18 or 20 is pending, by sending a notice of application in Form A20 to the Master; or b if no such application is pending, by sending a notice of application in Form A21 to the Master. 3 Subject to paragraph (5), the Master shall serve a copy of the notice of application, together with a notice of the date of hearing— a where the proceedings specified in paragraph 2(a) were pending at the time of receipt of the application or where such proceedings were commenced subsequently, on the parties to those proceedings and on the guardian ad litem; b in any other case, on any person against whom an order is sought in the application and on the Board to whom the prospective adopter has given notice under Article 22; and c in any case, on such other person or body, not being the child, as the court thinks fit. 4 Anyone who wishes to object to the application shall, within 14 days of the service of the application on him, send written notice of his objection to the Master. 5 The Master shall serve a copy of the written notice of objection on each person served with a copy of the application. 6 If in any application under this rule a serial number has been assigned to a person who has applied or who proposes to apply for an adoption order, or such a person applies to the Master in that behalf before filing the application and a serial number is assigned accordingly— a the Master shall ensure that the documents served under paragraph (3) or (5) do not disclose the identity of that person to any other party to the application under this rule who is not already aware of that person’s identity, and b the proceedings on the application under this rule shall be conducted with a view to securing that he is not seen by or made known to any party who is not already aware of his identity except with his consent. 7 Unless otherwise directed, any prospective adopter who is served with a copy of an application under this rule and who wishes to oppose the application shall file his application for an adoption order within 14 days or before or at the time of the hearing of the application under this rule, whichever is the earliest. 8 The court may at any time give directions as to the appointment of a guardian ad litem of the child. 9 Where an application under paragraph (1)(a), (b) or (e) is granted or an application under paragraph (1)(c) or (d) is refused, the judge may thereupon, if any application for an adoption order has been filed, treat the hearing of the application as the hearing of the application for an adoption order and refuse an adoption order accordingly. 10 Where an application under this rule is determined the Master shall serve notice of the effect of the determination on all the parties. Proposed foreign adoption proceedings 4C.2 1 An application under Article 57(1) shall be made in Form A9. 2 Subject to paragraph (3), rules 4A.14, 4A.15(2) to (5), 4A.16 to 4A.25 and this Part (except rule 4C.7(1)(e)) shall apply to an application for an order authorising a proposed foreign adoption as if such an order were an adoption order. 3 An applicant for an order authorising a proposed foreign adoption shall provide expert evidence of the law of adoption in the country in which he is domiciled and an affidavit as to that law sworn by such a person as is mentioned in section 114(3) of the Judicature (Northern Ireland) Act 1978 (that is to say a person who is suitably qualified on the account of his knowledge or experience to give evidence as to that law) shall be admissible in evidence without notice. Amendment and revocation of orders 4C.3 1 An application under Article 52 for the amendment of an adoption order or the revocation of a direction to the Registrar General, or under Article 55 for the revocation of an adoption order, may be made ex parte in the first instance, but the court may require notice of the application to be served on such persons as it thinks fit. 2 Where the application is granted, the Master shall send to the Registrar General a notice specifying the amendments or informing him of the revocation and shall give sufficient particulars of the order to enable the Registrar General to identify the case. Service of documents 4C.4 Subject to rule 4B.14, the person effecting service of any document under Part IVA, Part IVB or this Part of these rules shall make, sign and file a certificate showing the date, place and mode of service. If he has failed to effect service of any document, he shall make, sign and file a certificate of non-service showing the reason why service has not been effected. Costs 4C.5 On the determination of proceedings to which Part IVA, Part IVB or Part IVC of these rules apply or on the making of an interim order, the judge may make such order as to the costs as he thinks just and, in particular, may order the applicant to pay— a the expenses incurred by the guardian ad litem, b the expenses incurred by any respondent in attending the hearing, or such part of those expenses as the judge thinks proper. Notice and copies of orders etc 4C.6 1 In proceedings to which Part IVA, Part IVB or Part IVC of these rules apply orders shall be made in the form indicated in this paragraph— Description of order Form (a) Order under Article 17 A22 (b) Order under Article 18 A23 (c) Order under Article 20 A24 (d) Interim order A25 (e) Order under Article 40(3A) A26 (f) Adoption order A27 (g) Convention adoption order A27 (with the word ‘Convention’ inserted where appropriate) (h) Order authorising a proposed foreign adoption A27 (with the words ‘order authorising a proposed foreign adoption’ substituted for the words ‘adoption order’ wherever they appear) 2 Within 7 days of the making of an order to which paragraph (1)(d), (f) or (g) applies, the Master shall send a copy of the order to the Registrar General. 3 Where an order to which paragraph (1)(a), (b), (f) or (g) applies is made or refused or an order to which paragraph (1)(c) applies is made, the Master shall serve notice to that effect on every respondent. 4 The Master shall serve notice of the making of an order to which paragraph (1)(a), (b), (c), (g) or (h) applies on any court in the United Kingdom which appears to him to have made any such order as is referred to in Article 12(3) (orders relating to parental responsibility for the child). 5 A copy of any order may be supplied to the Registrar General at his request. 6 A copy of any order may be supplied to the applicant. 7 A copy of any order may be supplied to any other person with the leave of the court. 8 Within 7 days of the making of an order to annul a Convention adoption order or a Convention adoption, the proper officer shall send a copy of the order to the applicant, every respondent, the relevant Central Authority and the Registrar General. Custody, inspection and disclosure of documents and information 4C.7 1 All documents relating to proceedings under the Order of 1987 (or under any previous enactments relating to adoption) shall, while they are in the custody of the court, be kept in a place of special security. 2 A party who is an individual and is referred to in a confidential report supplied to the court by an adoption agency, a Board or a guardian ad litem may inspect, for the purposes of the hearing, that part of any such report which refers to him, subject to any direction given by the court that— a no part of one or any of the reports shall be revealed to that party, or b the part of one or any of the reports referring to that party shall be revealed only to that party’s legal advisers, or c the whole or any other part or any of the reports shall be revealed to that party. 3 Any person who obtains any information in the course of, or relating to, any proceedings mentioned in paragraph (1) shall treat that information as confidential and shall only disclose it if— a the disclosure is necessary for the proper exercise of his duties, or b the information is requested— i by a court or public authority (whether in Northern Ireland or not) having power to determine adoptions and related matters, for the purpose of the discharge of its duties in that behalf, or ii by the Registrar General, or a person authorised in writing by him, where the information requested relates only to the identity of any adoption agency which made the arrangements for placing the child for adoption in the home of the applicants, and of any Board which was notified of the applicant’s intention to apply for an adoption order in respect of the child, or iii by a person who is authorised in writing by the Department to obtain the information for the purposes of research. 4 Save as required or authorised by a provision of any enactment or of these Rules or with the leave of the court, no document or order held by or lodged with the court in proceedings under the Order of 1987 (or under any previous enactment relating to adoption) shall be open to inspection by any person, and no copy of any such document or order, or of an extract from any such document or order, shall be taken by or issued to any person. Transfer to county court 4C.8 Where the Judge presiding in the High Court is of the opinion that, by reason of any special circumstances, an application under the Order of 1987 should be dealt with in the county court, he may by order transfer the matter to a county court and any matter so transferred shall be heard and determined in accordance with these rules as if it has been commenced in that court.] [ County courts prescribed as an authorised court 4C.9 For the purposes of Article 2(2)(c) a county court specified as a family care centre in Schedule 2 to the Children (Allocation of Proceedings) Order (Northern Ireland) 1996 is prescribed as an authorised court.] PART V APPEALS Appeal from [ the county court] to the Court of Appeal 5.1 R.S.C. Order 58 rule 4 and Order 59 shall apply with the necessary modifications to an appeal to the Court of Appeal under Article 48(9) of the Order of 1978 or Article 40(2) of or paragraph 10 of Schedule 1 to the Order of 1989 [ or Article 39(6) of the Order of 1998] [ or section 189(1) of the Act of 2004] [ or paragraph 11(3) of Schedule 1 to the Act of 2007 from, as the case may be a decree, civil partnership order, forced marriage protection order, or other order of a judge (or the dismissal of or refusal to grant such decree or order) in proceedings in the county court as if the reference to the High Court in Order 59 rule 10(1) were a reference to the county court.] Appeal from the district judge 5.2 1 C.C.R Order 14 rule 1(1)(f) (which enables the judge to vary or rescind an order by the district judge in the course of proceedings) shall not apply to an order or decision made or given by the district judge in family proceedings in a county court but any party may appeal from such an order or decision to a judge on notice filed within 5 days after the order or decision was made or given and served not later than 2 clear days before the day fixed for hearing of the appeal, which shall be heard in chambers unless the judge otherwise orders. 2 Except so far as the court may otherwise order, an appeal under paragraph (1) shall not operate as a stay of proceedings on the order or decision appealed from. [ Appeals from orders made under the Order of 1998 5.3 1 Where an appeal lies to the High Court or a county court such as is specified in the Allocation Order of 1999 for the purposes of Article 39(4)(a) of the Order of 1998— a paragraphs (2) to (6) of rule 4.23, and b paragraph (2) of rule 5.2, shall apply subject to the following provisions of this rule and with the necessary modifications. 2 Where the appeal is brought against the making of a hospital order or a guardianship order under the Mental Health (Northern Ireland) Order 1986 , a copy of any written evidence considered by the magistrates’ court under Article 44(2)(a) of that Order shall be sent by the clerk of petty sessions to the chief clerk ....] [ Appeal under section 8(1) of the Gender Recognition Act 2004 5.4 1 R.S.C. Order 55 applies to an appeal to the High Court under section 8(1) of the Gender Recognition Act 2004 subject to the modifications made by this rule. 2 The notice of the originating motion shall be— a issued out of the Matrimonial Office; b served on the Secretary of State in addition to the person to be served under R.S.C. Order 55 rule 15(1). 3 The Secretary of State may appear and be heard in the proceedings on the appeal. 4 Where the High Court issues a gender recognition certificate under section 8(3)(a) of the Gender Recognition Act 2004, the proper officer shall send a copy of that certificate to the Secretary of State.] PART VI DISABILITY Interpretation 6.1 1 In this Part— “ person under disability ” means a person who is a minor or a person who by reason of mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 is incapable of managing and administering his property and affairs. 2 So far as they relate to minors who are the subject of applications the provisions of this Part shall not apply to proceedings which are specified proceedings within the meaning of Article 60(6) of the Order of 1995 and this Part shall have effect subject to the said Article 60(6) and Part IV. 3 Rule 6.3 shall apply only to proceedings under the Order of 1995. Person under disability must sue by next friend etc 6.2 1 A person under disability may begin and prosecute any family proceedings by his next friend and may defend any such proceedings by, his guardian ad litem and, except as otherwise provided by this rule, it shall not be necessary for a guardian ad litem to be appointed by the court. 2 No person’s name shall be used in any proceedings as next friend of a person under disability unless he is the Official Solicitor or the documents mentioned in paragraph (6) have been filed. 3 Where the disability of a person who is entitled to defend any family proceedings is not solely due to minority, the Official Solicitor shall, if he consents, be guardian ad litem; but at any stage of the proceedings an application may be made (on not less than 4 days’ notice to the Official Solicitor, if he has consented to act) for the appointment of some other person as guardian; and there shall be filed in support of any application under this paragraph the documents mentioned in paragraph (6). 4 Where a petition, answer, application or originating summons has been served on a person whom there is reasonable ground for believing to be a person under disability and no notice or intention to defend has been given or answer or affidavit in answer filed on his behalf, the party at whose instance the document was served shall, before taking any further step in the proceedings, apply to the Master for directions as to whether a guardian ad litem should be appointed to act for that person in the cause, and on any such application the Master may, if he considers it necessary in order to protect the interest of the person served, order that some proper person be appointed his guardian ad litem. 5 No notice of intention to defend shall be given, or answer or affidavit in answer filed (by or on behalf of a person under disability) unless the person giving the notice or filing the answer or affidavit— a is the Official Solicitor or, in a case in which paragraph (3) applies, is the Official Solicitor or has been appointed by the court to be guardian ad litem; or b in any other case, has filed the documents mentioned in paragraph (6). 6 The documents referred to in paragraphs (2), (3) and (5) are— a a written consent to act by the proposed next friend or guardian ad litem; b a certificate by the solicitor acting for the person under disability— i that he knows or believes that the person to whom the certificate relates is a person under disability stating the grounds of his knowledge or belief, and ii that the person named in the certificate as next friend or guardian ad litem has no interest in the cause or matter in question adverse to that of the person under disability and is a proper person to be next friend or guardian. Certain minors may sue without next friend etc 6.3 1 Where a person entitled to begin, prosecute or defend any proceedings to which this rule applies, is a minor to whom this Part applies, he may subject to paragraph (3), begin, prosecute or defend, as the case may be, such proceedings without a next friend or guardian ad litem— a where he has obtained the leave of the court for that purpose; or b where a solicitor— i considers that the minor is able, having regard to his understanding to give instructions in relation to the proceedings; and ii has accepted instructions from the minor to act for him in the proceedings and, where the proceedings have begun, is so acting. 2 A minor shall be entitled to apply for the leave of the court under paragraph (1)(a) without a next friend or guardian ad litem either— a by filing a written request for leave setting out the reasons for the application, or b by making an oral request for leave at any hearing in the proceedings. 3 On considering a request for leave filed under paragraph (2)(a), the court shall either— a grant the request, whereupon the proper officer or chief clerk shall communicate the decision to the minor and, where the leave relates to the prosecution or defence of existing proceedings, to the other parties to those proceedings, or b direct that the request be heard ex parte, whereupon the proper officer or chief clerk shall fix a date for such a hearing and give to the minor making the request such notice of the date so fixed as the court may direct. 4 Where a minor has a next friend or guardian ad litem in proceedings and the minor wishes to prosecute or defend the remaining stages of the proceedings without a next friend or guardian ad litem, the minor may apply to the court for leave for that purpose and for the removal of the next friend or guardian ad litem; and paragraph (2) shall apply to the application as if it were an application under paragraph (1)(a). 5 On considering a request filed under paragraph (2) by virtue of paragraph (4), the court shall either— a grant the request, whereupon the proper officer or chief clerk shall communicate the decision to the minor and next friend or guardian ad litem concerned and to all other parties to the proceedings, or b direct that the request be heard, whereupon the proper officer or chief clerk shall fix a date for such a hearing and give to the minor and next friend or guardian ad litem concerned such notice of the date so fixed as the court may direct; provided that the court may act under sub-paragraph (a) only if it is satisfied that the next friend or guardian ad litem does not oppose the request. 6 Where the court is considering whether to— a grant leave under paragraph (1)(a), or b grant leave under paragraph (4) and remove a next friend or guardian ad litem, it shall grant the leave sought and, as the case may be, remove the next friend or guardian ad litem if it considers that the minor concerned has sufficient understanding to participate as a party in the proceedings concerned or proposed without a next friend or guardian ad litem. 6A In exercising its powers under paragraph (6) the court may order the next friend or guardian ad litem to take such part in the proceedings as the court may direct.] 7 Where a request for leave is granted at a hearing fixed under paragraph (3)(b) (in relation to the prosecution or defence of proceedings already begun) or (5)(b), the proper officer or chief clerk shall forthwith communicate the decision to the other parties to the proceedings. 8 The court may revoke any leave granted under paragraph (1)(a) where it considers that the child does not have sufficient understanding to participate as a party in the proceedings concerned without a next friend or guardian ad litem. 9 Without prejudice to any requirement of C.C.R. Order 43, rule 2 or R.S.C. Order 67, where a solicitor is acting for a minor in proceedings which the minor is prosecuting or defending without a next friend or guardian ad litem by virtue of paragraph (1)(b) and either of the conditions specified in the paragraph (1)(b)(i) and (ii) cease to be fulfilled, he shall forthwith so inform the court. 10 Where— a the court revokes any leave under paragraph (8), or b either of the conditions specified in paragraph (1)(b)(i) and (ii) is no longer fulfilled, the court may, if it considers it necessary in order to protect the interests of the minor concerned, order that some proper person be appointed his next friend or guardian ad litem. 11 Where a minor is of sufficient understanding to begin, prosecute or defend proceedings without a next friend or guardian ad litem— a he may nevertheless begin, prosecute or defend them by his next friend or guardian ad litem; and b where he is prosecuting or defending proceedings by his next friend or guardian ad litem, the respective powers and duties of the minor and next friend or guardian ad litem, except those conferred or imposed by this rule shall not be affected by the minor’s ability to dispense with a next friend or guardian ad litem under the provisions of this rule. Service on person under disability 6.4 1 Where a document to which rule 2.9 applies is required to be served on a person under disability it shall be served— a in the case of a minor who is not otherwise a person under disability, on his father or guardian or, if he has no father or guardian, on the person with whom he resides or in whose care he is; b in the case of any other person under disability— i on the Official Solicitor if he has consented under rule 6.2(3) to be the guardian ad litem, or ii if the Official Solicitor has not so consented, on the person with whom he resides or in whose care he is: Provided that the court may order that a document which has been, or is to be, served on the person under disability or on a person other than one mentioned in sub-paragraph (a) or (b) shall be deemed to be duly served on the person under disability. 2 Where a document is served in accordance with paragraph (1), it shall be indorsed with a notice in Form M22; and after service has been effected the person at whose instance the document was served shall, unless the Official Solicitor is the guardian ad litem of the person under disability or the court otherwise directs, file an affidavit by the person on whom the document was served stating whether the contents of the document were, or its purport was, communicated to the person under disability and, if not, the reasons for not doing so. Petition for nullity on ground of insanity, etc 6.5 1 Where a petition for nullity [ of marriage] has been presented on the ground that at the time of the marriage the respondent was suffering from mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 of such a kind or to such an extent as to be unfitted for marriage, then, whether or not the respondent gives notice of intention to defend, the petitioner shall not proceed with the cause without the leave of the Master. 1A Where a petition for nullity of civil partnership has been presented on the ground that at the time of the formation of the civil partnership the respondent was suffering from mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 of such a kind or to such an extent as to be unfitted for civil partnership, then, whether or not the respondent gives notice of intention to defend, the petitioner shall not proceed with the cause without the leave of the Master.] 2 The Master may make it a condition of granting leave that some proper person be appointed to act as guardian ad litem of the respondent. Separate representation of children 6.6 1 Without prejudice to rule 2.59, if in any family proceedings it appears to the court that any child ought to be separately represented, the court may appoint— a the Official Solicitor, or b some other proper person, (provided, in either case, that he consents) to be the guardian ad litem of the child, with authority to take part in the proceedings on the child’s behalf. 2 An order under paragraph (1) may be made by the court of its own motion or on the application of a party to the proceedings or of the proposed guardian ad litem. 3 The court may at any time direct that an application be made by a party for an order under paragraph (1) and may stay the proceedings until the application has been made. 4 Unless the court otherwise directs, on making an application for an order under paragraph (1) the applicant shall— a unless he is the proposed guardian ad litem, file a written consent by the proposed guardian to act as such; b unless the proposed guardian ad litem is the Official Solicitor, file a certificate that the proposed guardian has no interest in the proceedings adverse to that of the child and is a proper person to be guardian. 5 Unless the court otherwise directs, a person appointed under this rule or rule 2.59 to be the guardian ad litem of a child in any family proceedings shall be treated as a party for the purpose of any provision of these Rules requiring a document to be served on or notice to be given to a party to the proceedings. PART VII PROCEDURE Application 7.1 Except for rule 7.2, the provisions of this Part apply to all family proceedings, but have effect subject to the provisions of any other Part of these Rules. Security for costs in a matrimonial cause 7.2 1 A wife who is petitioner in a cause or who has been given notice of intention to defend may, after the certificate of readiness has been lodged or at an earlier stage of a cause with leave, lodge her bill of costs incurred to the date of such certificate for taxation against her husband. The taxing master on the taxation of such bill of costs shall if requested by the wife so to do ascertain what is a sufficient sum of money to cover the costs of the wife of and incidental to the trial or hearing of the cause, and the Master may, unless the husband shall prove that the wife has sufficient separate estate or show other good cause, order the husband within such time as the Master may fix to pay to the wife or into court the amount of such taxed costs and to pay into court or secure the sum ascertained as sufficient to cover the costs of and incidental to the trial or hearing and may direct a stay of the proceedings until the order is complied with. 2 C.C.R Order 4, rule 1 (which provides that a plaintiff may be required to give security for costs if he is not resident in Northern Ireland), shall not apply to matrimonial proceedings in a county court. Service out of Northern Ireland 7.3 1 Any document in family proceedings may be served out of the jurisdiction without leave either in the manner prescribed by these Rules for service within the jurisdiction or in accordance with R.S.C. Order 11. 2 Where a petition or notice of an application for ancillary relief is to be served out of the jurisdiction, the time limited for giving notice of intention to defend which is to be endorsed on the petition or contained in the notice shall be fixed having regard to the place where or country within which the petition or notice is to be served in accordance with the practice adopted under the said Order. Service of documents 7.4 1 Where a document is required by these Rules to be sent to any person, it shall, unless otherwise directed, be sent by post— a if a solicitor is acting for him, i to the solicitor’s address; or ii where that address includes a numbered box at a document exchange, at that document exchange or at a document exchange which transmits documents every business day to that document exchange; and any document which is left at a document exchange in accordance with this paragraph, shall unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left; iii by sending a legible copy of the document by FAX (as defined by R.S.C. Order 1 rule 3(1)) in accordance with the provisions of R.S.C. Order 65 rule 5(2A) to the solicitor’s office; b if he is acting in person, to the address for service given by him or, if he has not given an address for service his last known address, but if in the opinion of the Master the document would be unlikely to reach him if sent to that address, the Master may dispense with sending the document to him. 2 Unless the court otherwise directs, service of any document in family proceedings shall, if no other mode of service is prescribed or ordered, be effected— a if a solicitor is acting for the person to be served by leaving the document at, or sending it by first class pre-paid post to, the solicitor’s address; b if the person to be served is acting in person, by delivering the document to him or by leaving it at, or sending it by first class pre-paid post to, the address for service given by him or, if he has not given an address for service, his last known address; Provided that where, in a case to which sub-paragraph (b) applies, it appears to the Master that it is impracticable to deliver the documents to the person to be served and that, if the document were left at, or sent by post to, the address specified in that sub-paragraph, it would be unlikely to reach him, the Master may dispense with service of the document. 3 Where a document is required by these Rules to be served personally and the court is satisfied by evidence on oath that personal service is impracticable, it may order that service of that document be effected in such manner as it may direct.] Mode of making applications 7.5 Except where these Rules, or any rules applied by these Rules, otherwise provide, every application in family proceedings shall be made to a Master by summons. No notice of intention to proceed after year’s delay 7.6 No provision in the Rules of the Supreme Court (Northern Ireland) 1980, which requires a party to give notice of intention to proceed after a year’s delay, shall apply to any family proceedings. Filing of documents at place of hearing, etc 7.7 Where the file of any matrimonial proceedings [ or civil partnership proceedings] has been sent from the Matrimonial Office to a county court for the purpose of a hearing or for some other purpose, any document required to be filed shall be filed in that court. Mode of giving notice 7.8 Unless the court otherwise directs, any notice which is required by these Rules to be given to any person shall be in writing and, if it is to be given by the proper officer or chief clerk, shall be given by post. [ Evidence 7.8A The court may allow a witness to give evidence through a video link or by any other method of direct communication.] Special measures direction relating to a person who is, or is at risk of, being subjected to abusive behaviour 7.8B 1 a In this rule— “ the Act of 2021 ” means the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021; “ abusive behaviour ” has the same meaning as in section 2 (as read with section 3(2)) and section 4 of the Act of 2021; “ live link ” means a live television link or other arrangement whereby a party or witness is able to see and hear all other persons participating in the proceedings who are in a different location, and to be seen and heard by the judge, legal representatives acting in the proceedings and other persons appointed to assist a party or witness; “ parties ” includes the guardian ad litem for the purpose of proceedings under the Order of 1995; “ personally connected ” has the same meaning as in section 5 of the Act of 2021; “ relative ” has the same meaning as in Article 2(2) of the Order of 1998; b A reference in this rule to “quality of evidence” is to its quality in terms of completeness, coherence and accuracy; and for this purpose “ coherence ” refers to a party’s or a witness’s ability in giving evidence to give answers which address the questions put to the party or the witness and can be understood both individually and collectively. 2 The court may make a direction that a person (P), who is a party or witness in the proceedings, shall have the assistance of a measure specified in paragraph (4), where it is stated that— a P is, or is at risk of, being subjected to abusive behaviour by a person who is— i a party to the proceedings, ii a relative of a party to the proceedings (other than P), or iii a witness in the proceedings, and b P and that person are personally connected. 3 When deciding whether to make a direction under paragraph (2) the court shall have regard in particular to— a any views expressed by P; b any views expressed by a party other than P; c the nature and extent of the information before the court; d the issues arising in the proceedings; e whether any of the measures specified in paragraph (4) would, in its opinion, be likely to improve the quality of evidence given by P, or their participation in the proceedings; and f the availability of the measure to the court. 4 The measures which may be directed by the court under this rule are those which— a prevent P from seeing another party or witness; or b allow P to participate in the proceedings and give evidence by live link. 5 The court shall consider whether to make a direction under paragraph (2), either— a on the written request in Form SM of a party, at the commencement of the proceedings or as soon as practicable after, filed and served on the other parties; or b of its own motion having given the parties notice of its intention to do so and an opportunity to attend and be heard, or to make written representations. 6 In an urgent case, a request under paragraph 5(a) may, with the leave of the court, be made orally. 7 Subject to paragraph (6), on receipt of a written request under paragraph 5(a) the proper officer or chief clerk shall fix a date for the hearing of the request and give not less than 2 days’ notice to the parties of the date so fixed. 8 Where every other party has given their consent in writing to the direction which is sought, the court may grant the request without a hearing and the proper officer or chief clerk shall inform the parties of the decision. 9 The court may vary or revoke a direction made under paragraph (2). 10 A direction made under paragraph (2) which is still in force immediately prior to the transfer of proceedings to another court shall continue to apply following the transfer subject to any changes of terminology which are required to apply the direction to the court to which the proceedings are transferred, unless varied or discharged. 11 The court shall take a note of the making, variation or revocation of a direction under this rule and serve, as soon as practicable, a copy of the note on any party who was not present at the making, variation or revocation. Copies of Decrees [ , civil partnership orders and other orders] 7.9 1 A copy of every decree [ , civil partnership order or other order] shall be sent by the proper officer or chief clerk to every party to the cause. 2 A sealed or other copy of a decree [ , civil partnership order or other order) pronounced or made in open court shall be issued to any person requiring it on payment of the prescribed fee. Service of order 7.10 1 Where an order made in family proceedings has been drawn up, the proper officer or chief clerk, as the case may be, shall, unless the court otherwise directs, send a copy of the order to every party affected by it. 2 Where a party against whom the order is made is acting by a solicitor, a copy may, if the Master thinks fit, be sent to that party as well as to his solicitor. 3 It shall not be necessary for the person in whose favour the order was made to prove that a copy of the order has reached any other party to whom it is required to be sent. 4 This rule is without prejudice to R.S.C. Order 45, rule 5 (which deals with the service of an order to do or abstain from doing an act), C.C.R Order 57, rule 7 (which deals with orders enforceable by attachment), and any other rule or enactment for the purposes of which an order is required to be served in a particular way. Record of proceedings at trial 7.11 1 A record of the proceedings at the trial of every cause shall where practicable be made by mechanical or electronic means. 2 A record may be made by mechanical or electronic means of any other proceedings before the judge if directions for making such a record are given by him. 3 The person who operated the recording machine shall, if it be the case, certify that the recording is a complete recording or a continuous part of a complete recording taken at the proceedings to which it relates. 4 On being so directed a shorthand writer or other competent person shall furnish the Master with a transcript of the whole or such part as may be directed of the record. 5 The shorthand writer or other competent person shall, if it be the case, certify the transcript to be a correct transcript of the record or such part of the record as may be requested. 6 Any party, any person who has intervened in a cause or the Crown Solicitor shall be entitled to bespeak a copy of the transcript on payment of the appropriate fee. Inspection of documents retained in court 7.12 1 A party to any family proceedings or his solicitor or the Crown Solicitor or a person appointed under rule 2.59 or 6.6 to be the guardian ad litem of a child in any family proceedings may have a search made for, and may inspect and bespeak a copy of, any document filed or lodged in the court office in those proceedings. 2 Except as provided by paragraph (1) of this rule no document filed or lodged in the court office other than a [ decree, civil partnership order or other order] made in open court, shall be open to inspection by any person without the leave of the Master, and no copy of any such document, or of an extract from any such document, shall be taken by, or issued to, any person without such leave. Disclosure of information under the Order of 1991 7.13 Where the Department requires a person mentioned in regulation 2(2) or (3) of the Child Support (Information, Evidence and Disclosure) Regulations (Northern Ireland) 1992 to furnish information or evidence for a purpose mentioned in regulation 3 of those Regulations nothing in rule 7.12 shall prevent that person from furnishing the information or evidence sought or require him to seek the leave of the court before doing so. [ Documents in family proceedings concerning gender recognition 7.13A 1 This rule applies to all documents in family proceedings brought under— a Article 14(g) or (h) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978; b section 174(1)(d) or (e) of the Act of 2004; and c the Gender Recognition Act 2004. 2 Documents to which this rule applies shall, while they are in the custody of the court, be kept in a place of special security.] Applications for relief which are precluded by the Order of 1991 7.14 1 Where an application is made for an order which in the opinion of the Master, the court would be prevented from making by Article 10 or 11 of the Order of 1991 the proper officer or chief clerk as the case may be, shall send a notice in Form M31 to the applicant and to the other parties. 2 In the first instance, the Master shall consider the matter under paragraph (1), without holding a hearing. 3 An applicant who has been sent a notice under paragraph (1) may within 14 days of receipt of the notice inform the proper officer or chief clerk, as the case may be, in writing, that he wishes to pursue his application and upon being so informed the proper officer shall act in accordance with paragraph (4) and the chief clerk shall refer the matter to the district judge who shall act in accordance with paragraph (4). 4 Where the Master acts in accordance with this paragraph he shall fix an appointment for the matter to be heard and determined by the court and may direct that the hearing shall be ex parte. 5 Where an appointment has been fixed in accordance with paragraph (4) the proper officer or chief clerk, as the case may be, shall give the applicant notice of the date and time of the appointment and in relation to the other parties— a where the hearing is to be ex parte, inform them that the matter is being resolved ex parte and that they will be informed of the result in due course; b where the hearing is to be inter partes, inform them of the date and time of the appointment. 6 Where a notice is sent under paragraph (1) and the proper officer or chief clerk, as the case may be, is not informed under paragraph (3) the application shall be treated as having been withdrawn. 7 Where the matter is heard in accordance with paragraph (4) and the court determines that it would be prevented by Article 10 or 11 of the Order of 1991 from making the order sought it shall dismiss the application. 8 Where the court dismisses an application under this rule it shall give its reasons in writing, copies of which shall be sent to the parties by the proper officer or chief clerk, as the case may be. 9 In this rule “ the matter ” means the question whether the making of an order in the terms sought by the application would be prevented by Article 10 or 11 of the Order of 1991. Additional requirement where application for child maintenance is combined with application for other relief 7.15 Where a notice is sent under rule 7.14(1) in respect of an application which is contained in a petition or other document (“ the document ”) which contains material intrinsic to the application— a the document shall, until the contrary is directed under sub-paragraph (c), be treated as if it did not contain the application in respect of which the notice was sent; b the proper officer or chief clerk shall, when he sends a copy of the notice under rule 7.14(1) to the parties, also send a notice informing them of the effect of sub-paragraph (a); and c where it is determined under rule 7.14 that the court would not be prevented by Article 10 or 11 of the Order of 1991 from making the order sought by the application, the court shall direct that the document shall be treated as if it contained the application, and it may give such directions as it considers appropriate for the conduct of the proceedings in consequence of that direction. Disclosure of address 7.16 1 Subject to rule 2.4 nothing in these Rules shall be construed as requiring any party to reveal the address of their private residence (or that of any child) except by order of the court. 2 Where a party declines to reveal an address in reliance upon paragraph (1) he shall give notice to the court in Form C5 and that address shall not be revealed to any person except by order of the court. Practice to be observed in the Matrimonial Office and [ the county courts] 7.17 The Lord Chief Justice may with the concurrence of the Lord Chancellor, issue directions for the purpose of securing due observance of statutory requirements and uniformity of practice in matrimonial proceedings [ and civil partnership proceedings] in the Matrimonial Office and [ the county courts]. PART VIII ENFORCEMENT OF ORDERS Application 8.1 In this Part, unless the context otherwise requires— “ matrimonial order ” means an order made in matrimonial proceedings for the periodical payment of money; [ “ civil partnership order ” means an order made in civil partnership proceedings for the periodical payment of money;] “ government stock ” means any stock issued by Her Majesty’s government in the United Kingdom or any funds of or annuity granted by that body; “ judgment creditor ” means the person entitled to payments under an order; “ judgment debtor ” means the person liable to make payments under an order. GARNISHEE PROCEEDINGS Attachment of debt due to judgment debtor 8.2 1 On the application of the judgment creditor where there is an amount remaining unpaid by the judgment debtor under a matrimonial order [ or a civil partnership order] and any other person within the jurisdiction (hereinafter referred to as “ the garnishee ”) is in debt to the judgment debtor, the court may, subject to the provisions of paragraph (2) and rules 8.3 to 8.8 and 8.10 and to any other statutory provision, order the garnishee to pay the judgment creditor the amount of any debt due or accruing to the judgment debtor from the garnishee, or so much thereof as is sufficient to satisfy the order and the costs of the garnishee proceedings. 2 An order under this rule shall in the first instance be an order to show cause, specifying the time and place for further consideration of the matter, and in the meantime attaching such debt as is mentioned in paragraph (1), or so much thereof as may be specified in the order, to answer the order mentioned in that paragraph and the costs of the garnishee proceedings. 3 In this rule “the garnishee” shall include a limited company having a place of business within the jurisdiction or a firm any member of which is resident within the jurisdiction and a garnishee order may be made against any firm in the name of the firm; and any appearance by any member then within the jurisdiction pursuant to an order made under this rule shall be a sufficient appearance by the firm. Application for order 8.3 An application for an order under rule 8.2 must be made ex parte supported by an affidavit— a identifying the order to be enforced and stating the amount remaining unpaid under it at the time of the application; b stating that to the best of the information and belief of the deponent the garnishee (naming him) is within the jurisdiction and is indebted to the judgment debtor and stating the sources of the deponent’s information and the grounds for his belief; and c stating, where the garnishee is a bank having more than one place of business, the name and address of the branch at which the judgment debtor’s account is believed to be held or, if it be the case, that this information is not known to the deponent. Service and effect of order to show cause 8.4 1 An order under rule 8.12 to show cause must, at least 7 days before the time appointed thereby for the further consideration of the matter, be served— a on the garnishee personally, and b unless the court otherwise directs, on the judgment debtor. 2 Such an order shall bind in the hands of the garnishee as from the service of the order on him any debt specified in the order or so much thereof as may be so specified. No appearance or dispute of liability by garnishee 8.5 1 Where on the further consideration of the matter the garnishee does not attend or does not dispute the debt due or claimed to be due from him to the judgment debtor, the court may, subject to rule 8.8 make an order absolute under rule 8.2 against the garnishee. 2 An order absolute under rule 8.2 against the garnishee may be enforced as if judgment for the amount payable thereunder had been given against the garnishee. Dispute of liability by garnishee 8.6 Where on the further consideration of the matter the garnishee disputes liability to pay the debt due or claimed to be due from him to the judgment debtor, the court may summarily determine the question at issue or order that any question necessary for determining the liability of the garnishee be tried in any manner in which any question or issue in an action may be tried. Claims of third persons 8.7 1 If in garnishee proceedings it is brought to the notice of the court that some other person than the judgment debtor is or claims to be entitled to the debt sought to be attached or has or claims to have a charge or lien upon it, the court may order that person to attend before the court and state the nature of his claim with particulars thereof. 2 After hearing any person who attends before the court in compliance with an order under paragraph (1), the court may summarily determine the questions at issue between the claimants or make such other order as it thinks just, including an order that any question or issue necessary for determining the validity of the claim of such other person as is mentioned in paragraph (1) be tried in such manner as is mentioned in rule 8.6. Discharge of garnishee 8.8 Any payment made by a garnishee in compliance with an order absolute under these Rules, shall be a valid discharge of his liability to the judgment debtor to the extent of the amount paid notwithstanding that the garnishee proceedings are subsequently set aside or the judgment or order from which they arose is reversed. Money in court 8.9 1 Where money is standing to the credit of the judgment debtor in court, the judgment creditor shall not be entitled to take garnishee proceedings in respect of that money but may apply to the court by summons for an order that the money or so much thereof as is sufficient to satisfy the order sought to be enforced and the costs of the application be paid to the judgment creditor. 2 On issuing a summons under this rule the applicant must produce the summons at the Court Funds Office and leave a copy at that office, and the money to which the application relates shall not be paid out of court until after the determination of the application. If the application is dismissed, the applicant must give notice of that fact to the Court Funds Office. 3 Unless the court otherwise directs, the summons must be served on the judgment debtor at least 7 days before the day named therein for the hearing. 4 The court hearing an application under the rule may make such order with respect to the money in court as it thinks just. Costs 8.10 The costs of any application for an order under rule 8.2 to 8.9 and of any proceedings arising therefrom or incidental thereto, shall, unless the court otherwise directs, be retained by the judgment creditor out of the money recovered by him under the order and in priority to the judgment debt. CHARGING ORDERS, STOP ORDERS ETC Order imposing charge on securities 8.11 1 The court may for the purpose of enforcing a matrimonial order [ or a civil partnership order] by order impose on any interest to which the judgment debtor is beneficially entitled in such of the securities to which this rule applies as may be specified in the order a charge for securing payment of the amount due under the order and interest thereon. 2 Any such order shall in the first instance be an order to show cause, specifying the time and place for further consideration of the matter and imposing the charge until that time in any event. 3 The securities to which this rule applies are— a any Government stock, and any stock of any company registered under the Companies (Northern Ireland) Order 1986 including any such stock standing in the name of the Accountant General, and b any dividend of or interest payable on such stock. Application for order under rule 8.13 8.12 An application for an order under rule 8.13 must be made ex parte supported by an affidavit— a identifying the order to be enforced, stating the amount unpaid under it at the date of the application and showing that the applicant is entitled to enforce the order; b specifying the securities on the judgment debtor’s interest in which it is sought to impose a charge and stating in whose name they stand; c stating that to the best of the information and belief of the deponent the judgment debtor is beneficially entitled to an interest in the securities in question, describing that interest and stating the sources of the deponent’s information or the ground for his belief. Service of notice of order to show cause 8.13 1 Unless the court otherwise directs, a copy of the order under rule 8.11 to show cause must, at least 7 days before the time appointed thereby for the further consideration of the matter, be served on the judgment debtor, and, if he does not attend on such consideration, proof of service must be given. 2 Notice of the making of the order to show cause, with a copy of that order, must as soon as practicable after the making of the order be served— a where the order relates to Government stock, on the principal office in Belfast of the Bank of Ireland, b where the order relates to other stock, on the company concerned, c where the order relates to stock standing in the name of the Accountant General, on the proper officer of the Court Funds Office. Effect of order to show cause 8.14 1 No disposition by the judgment debtor of his interest in any securities to which an order under rule 8.11 to show cause relates which is made after the making of that order shall, so long as that order remains in force, be valid as against the judgment creditor. 2 Until such order is discharged or made absolute, the Bank of Ireland or, as the case may be, a company shall not permit any transfer of any such stock as is specified in the order or pay to any person any dividend thereof or interest payable thereon, except with the authority of the court. 3 If, after the notice of the making of such order is served on the Bank of Ireland or a company, the Bank or company permits any transfer or makes any payment prohibited by paragraph (2), it shall be liable to pay the judgment creditor the value of the stock transferred or, as the case may be, the amount of the payment made or, if that value or amount is more than sufficient to satisfy the judgment or order to which such order relates, so much thereof as is sufficient to satisfy it. Making and effect of charging order absolute 8.15 1 On the further consideration of the matter the court shall, unless it appears that there is sufficient cause to the contrary, make the order absolute with or without modifications. 2 Where on the further consideration of the matter it appears to the court that the order should not be made absolute, it shall discharge the order. 3 A charge imposed by an order under rule 8.11 made absolute under this rule shall have the same effect, and the judgment creditor in whose favour it is made shall, subject to paragraph (4), have the same remedies for enforcing it, as if it were a valid charge effectively made by, the judgment debtor. 4 No proceedings to enforce a charge imposed by an order made absolute under this rule shall be taken until after the expiration of 6 months from the date of the order to show cause. Discharge, etc. of charging order 8.16 The court, on the application of the judgment debtor or any other person interested in the securities to which an order under rule 8.11 relates, may at any time whether before or after the order is made absolute, discharge or vary the order on such terms (if any) as to costs as it thinks just. Money in court: charging order 8.17 1 The court may for the purpose of enforcing a matrimonial order [ or a civil partnership order] by order impose on any interest to which the judgment debtor is beneficially entitled in any money in court identified in the order a charge for securing payment of the amount due under the order and interest thereon. 2 Any such order shall in the first instance be an order to show cause, specifying the time and place for the further consideration of the matter and imposing the charge until that time in any event. 3 Rules 8.12 and 8.13 shall, with the necessary modifications, apply in relation to an application for an order under this rule and to the order as they apply in relation to an application for an order under rule 8.11 and to such order. 4 Notice of the making of an order under this rule to show cause, with a copy of that order, must as soon as practicable after the making of the order, be served on the proper officer of the Court Funds Office. 5 Rules 8.14(1), 8.15(1) and (2) and 8.16 shall, with the necessary modifications, apply in relation to an order under this rule as they apply in relation to an order under rule 112. Jurisdiction of Master to grant injunction or appoint receiver to enforce charge 8.18 The Master shall have power to grant an injunction if, and only, so far as, it is ancillary or incidental to an order under rule 8.11 or 8.17, and an application for an injunction under this rule may be joined with the application for the order under rule 8.11 or 8.17 to which it relates. Funds in court: stop order 8.19 1 The court, on the application of the judgment creditor may without notice to the applicant make an order prohibiting the transfer, sale, delivery out or payment of, or other dealing with, funds in court or any part thereof or the income thereon in which the judgment debtor has an interest. 2 An application for an order under this rule must be made by summons in the cause or matter relating to the funds in court. 3 The summons must be served on every person whose interest may be affected by the order applied for and on the proper officer of the Court Funds Office but shall not be served on any other person. 4 Without prejudice to the court’s powers and discretion as to costs, the court may order the applicant for an order under this rule to pay the costs of any party to the cause or matter relating to the funds in question, or of any person interested in those funds, occasioned by the application. Securities not in court: stop notice 8.20 1 A judgment creditor claiming to be beneficially entitled to an interest in any securities to which rule 8.11 applies, other than securities in court, who wishes to be notified of any proposed transfer or payment of those securities may avail himself of the provisions of this rule. 2 A person claiming to be so entitled must file in the court office, a an affidavit identifying the securities in question and describing his interest therein by reference to the document under which it arises, and b a notice in Form M23, signed by the deponent to the affidavit, and annexed to it, addressed to the Bank of Ireland or, as the case may be, the company concerned and must serve an office copy of the affidavit and a copy of the notice sealed with the seal of the court on the Bank of that company. 3 There must be indorsed on the affidavit filed under this rule a notice stating the address to which any such notice as is referred to in rule 8.21(1) is to be sent and, subject to paragraph (4), that address shall for the purpose of that rule be the address for service of the person on whose behalf the affidavit is filed. 4 A person on whose behalf an affidavit under this rule is filed may change his address for service for the purpose of rule 8.21 by serving on the Bank of Ireland or, as the case may be, the company concerned, a notice to that effect, and as from the date of service of such a notice the address stating thereon shall for the purpose of that rule be the address for service of that person. Effect of stop notice 8.21 1 Where a notice under rule 8.20 has been served on the Bank of Ireland or a company, then, so long as the notice is in force, the Bank or company shall not register a transfer of any stock or make a payment of any dividend or interest, being a transfer or payment restrained by the notice, without serving on the person on whose behalf the notice was filed at his address for service a notice informing him of the request for such transfer or payment. 2 Where the Bank of Ireland or a company receives a request for such a transfer or payment as is mentioned in paragraph (1) made by or on behalf of the holder of the securities to which the notice under rule 8.20 relates, the Bank or company shall not by reason only of that notice refuse to register the transfer or make the payment for longer than 8 days after receipt of the request except under the authority of an order of the court. Amendment of stop notice 8.22 If any securities are incorrectly described in a notice filed under rule 8.20, the person on whose behalf the notice was filed may file in the Matrimonial Office or county court office an amended notice and serve on the Bank of Ireland or, as the case may be, the company concerned a copy of that notice sealed with the appropriate seal and where he does so the notice under rule 8.20 shall be deemed to have been served on the Bank or company on the day on which the copy of the amended notice was served on it. Withdrawal, etc. of stop notice 8.23 1 The person on whose behalf a notice under rule 8.20 was filed may withdraw it by serving a request for its withdrawal on the Bank of Ireland or, as the case may be, the company on whom the notice was served. 2 Such request must be signed by the person on whose behalf the notice was filed and his signature must be witnessed by a practising solicitor. 3 The court, on the application of any person claiming to be beneficially entitled to an interest in the securities to which a notice under rule 8.20 relates, may by order discharge the notice. 4 An application for an order under paragraph (3) must be made by summons, and the summons must be served on the person on whose behalf the notice under rule 8.20 was filed. RECEIVERS: EQUITABLE EXECUTION Appointment of receiver by way of equitable execution 8.24 Where an application is made for the appointment of a receiver by way of equitable execution, the court in determining whether it is just or convenient that the appointment should be made shall have regard to the amount claimed by the judgment creditor, to the amount likely to be obtained by the receiver and to the probable costs of his appointment and may direct an inquiry on any of these matters or any other matter before making the appointment. Master may appoint receiver, etc 8.25 The Master shall have power to make an order for the appointment of a receiver by way of equitable execution and to grant an injunction if, and only so far as, the injunction is ancillary or incidental to such an order. Application of rules as to appointment of receiver, etc 8.26 An application for the appointment of a receiver by way of equitable execution shall be made by summons. Attachment of earnings 8.27 Articles 73 to 79 of the Judgments Enforcement (Northern Ireland) Order 1981 and R.S.C. Order 105 which deals with attachment of earnings) shall apply to the enforcement of orders made in [ matrimonial proceedings or civil partnership proceedings in the county court] as if they were orders of the High Court. EXAMINATION IN AID OF ENFORCEMENT Examination as to debts owing to judgment debtor, etc 8.28 1 Any party entitled to enforce an order made in matrimonial proceedings may issue and serve a summons on the judgment debtor liable under such order requiring him to attend before the court to be orally examined as to whether any and what debts are owing to the judgment debtor, and whether the judgment debtor has any and what other property or means of satisfying the order. 2 The summons under paragraph (1) shall be in Form M24 or as near thereto as the circumstances of the case may render necessary and shall be served on the judgment debtor by recorded delivery or personally. 3 If the judgment debtor shall fail to attend in pursuance of the summons the court may make an order for the attendance of the judgment debtor or any other person and for the production of any books or documents. 4 An order for attendance under paragraph (3) shall he served personally on such person or persons and within such time as the court shall direct. 5 Upon the examination the court may make any of the following orders:— a a conditional order of garnishee, b a charging order or stop order or any order ancillary thereto, c an order for the appointment of a receiver by way of equitable execution, under the preceding rules, d an attachment of earnings order under Article 73 of the Judgments Enforcement (Northern Ireland) Order 1981. 6 The evidence given on the examination shall be taken down in writing, not ordinarily by question and answer, but so as to represent as nearly as may be the statement of the examinee. A copy of the note of such evidence shall, on payment of the appropriate fee, be made available to the parties to any such examination, but save as aforesaid no person shall, without leave of the court, be entitled to examine such note or obtain a copy thereof. JUDGMENT SUMMONSES Application for issue of judgment summons 8.29 1 In this rule and in rules 8.30 and 8.31 unless the context otherwise requires— “ the Order ” means the Judgments (Enforcement) (Northern Ireland) Order 1981 ; “ order ” means an order made in matrimonial proceedings [ or civil partnership proceedings] for the periodical payment of money or an order made by the Enforcement of Judgments Office for the payment by instalments of the amount due under an order made in matrimonial proceedings [ or civil partnership proceedings] for payment of a lump sum or costs; “ judgment creditor ” means a person entitled to enforce an order; “ debtor ” means a person liable under an order; “ judgment summons ” means a summons issued under Article 108 of the Order. 2 An application for the issue of a judgment summons may be made— a in the case of an order of the High Court, to the Matrimonial Office; b in the case of an order of a county court to that court; by filing an affidavit verifying the amount due under the order and showing how the amount is arrived at. 3 A judgment summons shall not be issued without the leave of the judge if the debtor is in default under an order of committal made on a previous judgment summons in respect of the same order. 4 Every judgment summons shall be in Form M25 and shall be served on the debtor personally not less than 10 clear days before the hearing and at the time of service there shall be paid or tendered to the debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court. 5 Where a judgment summons has not been served in due time, it may by leave of the registrar be reissued and, if necessary, amended from time to time within 6 months of the date of the original judgment summons. 6 If the judge makes an order for committal, he may direct its execution to be stayed on terms that the debtor pays to the judgment creditor the amount due, together with the costs of the judgment summons, either at a specified time or by instalments, in addition to any sums accruing due under the original order. 7 All payments under an order made under or an order of committal shall be made to the judgment creditor unless the judge otherwise directs. 8 Where an order of committal is stayed on such terms as are mentioned in paragraph (9)— a all payments thereafter made shall be deemed to be made, first, in or towards the discharge of any sums from time to time accruing due under the original order and, secondly, in or towards the discharge of the debt in respect of which the judgment summons was issued and the costs of the summons; and b the said order shall not be issued until the judgment creditor has filed an affidavit of default on the part of the debtor. 9 Where an order of committal has been made but execution of the order is stayed and the debtor subsequently desires to apply for a further stay, he shall attend at or write to the Matrimonial Office or the county court office, as the case may be, and apply for the stay he requires, stating the reasons for his inability to comply with the order, and the Master or chief clerk, as the case may be, shall fix a day for the hearing of the application by the judge and serve notice thereof on the judgment creditor and on the debtor by recorded delivery at least 3 clear days before the day fixed for the hearing. 10 The judgment creditor shall serve notice by recorded delivery on the debtor of the terms of any order made under this rule whether or not the debtor has attended the hearing. 11 An order for committal shall be directed to any police officer or other person as the court may direct for execution. Further provisions as to judgment summonses 8.30 1 R.S.C. Order 38, rule 2(3) (which enables evidence to be given by affidavit in certain cases) shall apply to a judgment summons issued in the High Court or a county court as if it were an originating summons. 2 Witnesses may be summoned to prove the means of the debtor in the same manner as witnesses are summoned to give evidence on the hearing of a cause, and writs of subpoena or witness summonses may be issued for that purpose. 3 Where the debtor appears at the hearing, the travelling expenses paid to him may, if the judge so directs, be allowed as expenses of a witness, but if the debtor appears at the hearing and no order of commitment is made, the judge may allow to the debtor, by way of set-off or otherwise, his proper costs, including compensation for loss of time, as upon an attendance by a defendant at a trial in court. Special provisions as to judgment summonses in [ ... county courts] 8.31 C.C.R. Order 40 (which deals with enforcement of decrees) shall not apply to a judgment summons issued in a county court. Removal of [ ... county court order] into High Court 8.32 Any order made by a county court in matrimonial proceedings [ or civil partnership proceedings] may, on an application made to the High Court ex parte by affidavit by the person entitled to enforce the order, be removed into the High Court by direction of the Master, if he is satisfied that the order cannot conveniently be enforced in the county court. [ REGISTRATION AND ENFORCEMENT UNDER ... THE 1996 HAGUE CONVENTION Application 8.33 Rules 8.33 to 8.63 apply to proceedings for the recognition, non-recognition and registration of— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b measures to which the 1996 Hague Convention applies; ... c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 8.34 1 In rules 8.33 to 8.63— a “ Central Authority ” means, in relation to Northern Ireland, the Department of Justice; b “ Contracting State ” means a State ... in relation to which the 1996 Hague Convention is in force as between that State and the United Kingdom; c “ judgment ” is to be construed— i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii as meaning any measure taken by an authority with jurisdiction under Chapter II of the 1996 Hague Convention ...; d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f “parental responsibility”— i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii where the 1996 Hague Convention applies, has the meaning given in Article 1(2) of that Convention; and g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 References in rules 8.33 to 8.63 to registration are to the registration of a judgment in accordance with the provisions of those rules. Filing of applications 8.35 1 Every application under rules 8.33 to 8.63, except for an application under rule 8.56, for a certified copy of a judgment or certificate, ... must be filed with the Office of Care and Protection. 2 Notwithstanding paragraph (1), where recognition of a judgment is raised as an incidental question in proceedings under the ... 1996 Hague Convention ... the court hearing those proceedings may determine the question of recognition. Application for registration, recognition or non-recognition of a judgment 8.36 1 Any interested person may apply to the court for an order that the judgment be registered, recognised or not recognised. 2 Except for an application under rule 8.46, an application for registration, recognition or non-recognition must be made to the Master. 3 In the case of an application under ... the 1996 Hague Convention, a translation of the judgment must be supplied. 4 Where any document required by rules 8.33 to 8.63 or by the direction of the court under rule 8.44 is not in the English language, the applicant must supply a translation of each such document into English by a notary public or a person qualified for the purpose, authenticated by witness statement or affidavit. Application for registration or recognition of a judgment under the Council Regulation 8.37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for non-recognition of a judgment under the Council Regulation 8.38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for registration of a judgment under the 1996 Hague Convention 8.39 1 An application for registration under the 1996 Hague Convention must be supported by a statement that is sworn to be true or an affidavit— a exhibiting— i the judgment, or a verified, certified or otherwise duly authenticated copy of the judgment; ii those documents necessary to show that the judgment is enforceable according to the law of the Contracting State in which it was given; iii any documents to support the statements referred to paragraph (d); b giving a description of the opportunities provided by the authority which gave the judgment in question for the child to be heard except where that judgment was given in a case of urgency; c giving details of any measures taken in a non-Contracting State of the habitual residence of the child, if applicable, specifying the nature and effect of the measure, and the date on which it was taken; d in so far as not apparent from the copy of the judgment provided, stating the grounds on which the authority which gave the judgment has based its jurisdiction; e where appropriate, stating whether Article 33 of the 1996 Hague Convention has been complied with, and the identity and address of the authority or authorities from which consent has been obtained; f stating— i whether the judgment provides for the payment of a sum or sums of money; ii whether interest is recoverable on the judgment or part of it in accordance with the law of the Convention State in which the judgment was given, and if so, the rate of interest, the date from which the interest is recoverable, and the date on which interest ceases to accrue; g giving an address within the jurisdiction of the court for service of process on the party making the application and stating, so far as is known to the witness, the name and the usual or last known address or place of business of the person against whom judgment was given. Application for non-recognition of a judgment under the 1996 Hague Convention 8.40 An application for an order that a judgment should not be recognised under the 1996 Hague Convention must be supported by a statement that is sworn to be true or an affidavit— a exhibiting— i the judgment, or a verified, certified or otherwise duly authenticated copy of the judgment; ii any documents to support the statements referred to in paragraph (b); b stating the ground or grounds under Articles 23 of the 1996 Hague Convention on which it is requested that the judgment should not be recognised and the reasons why the applicant asserts that such ground or grounds is or are made out; and c giving an address within the jurisdiction of the court for service of process on the applicant and stating, so far as is known to the applicant, the name and usual or last known address or place of business of the person in whose favour the judgment was given. Application for recognition only of a judgment under the 1996 Hague Convention 8.41 Where it is sought to apply for recognition only of a judgment under the 1996 Hague Convention, the provisions of rule 8.39 apply with the exception that the applicant is not required to produce the document referred to in rule 8.39(a)(ii). Application for recognition of a judgment under the Jurisdiction and Recognition of Judgments Regulations 8.42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for non-recognition of a judgment under the Jurisdiction and Recognition of Judgments Regulations 8.43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Documents - supplementary 8.44 1 ... Where the person making an application under rules 8.33 to 8.63 does not produce the documents required by those rules, the court may— a fix a time within which the documents are to be produced; b accept equivalent documents; or c dispense with production of the documents if the court considers it has sufficient information. 2 This rule does not apply to applications under rule 8.46. Directions 8.45 1 As soon as practicable after an application under rules 8.33 to 8.63 has been made, the court may ... give such directions as it considers appropriate, including as regards the following matters— a whether service of the application may be dispensed with; b expedition of the proceedings or any part of the proceedings (and any direction for expedition may specify a date by which the court must give its decision); c the steps to be taken in the proceedings and the time by which each step is to be taken; d the service of documents; and e the filing of evidence. 2 The proper officer or chief clerk will— a record the giving, variation or revocation of directions under this rule; and b as soon as practicable serve a copy of the directions order on every party. Recognition and enforcement under the Council Regulation of a judgment given in another Member State relating to rights of access or under Article 11(8) for the return of the child to that State 8.46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration for enforcement or order for non-recognition of a judgment 8.47 1 This rule applies where an application is made for an order that a judgment given in another ... Contracting State, should be registered, or should not be recognised .... 2 Where the application is made for an order that the judgment should be registered— a upon receipt of the application, and subject to any direction given by the court under rule 8.45, the proper officer will serve the application on the person against whom registration is sought; b the court will not accept submissions from either the person against whom registration is sought or any child in relation to whom the judgment was given. 3 Where the application is for an order that the judgment should not be recognised— a upon receipt of the application, and subject to any direction given by the court under rule 8.45, the proper officer or the chief clerk will serve the application on the person in whose favour judgment was given; b the person in whose favour the judgment was given must file an answer to the application and serve it on the applicant— i within one month of service of the application; or ii if the applicant is habitually resident in another Contracting State, within two months of service of the application. 4 ... The court may extend the time set out in paragraph (3)(b)(ii) on account of distance. 5 The person in whose favour the judgment was given may request recognition or registration of the judgment in their answer, and in that event must comply with these rules, to the extent that such documents, information and evidence are not already contained in the application for non-recognition. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 If ... the person in whose favour the judgment was given fails to file an answer as required by paragraph (3)— a where the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters applies, the court must apply Article 15 of that Convention; and b in all other cases, the court will not consider the application unless— i it is proved to the satisfaction of the court that the person in whose favour judgment was given was served with the application within a reasonable period of time to arrange his or her answer; or ii the court is satisfied that the circumstances of the case justify proceeding with consideration of the application. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of recognition proceedings by reason of an appeal 8.48 Where recognition or non-recognition of a judgment given in another ... Contracting State is sought, or is raised as an incidental question in other proceedings, the court may stay the proceedings— a if an ordinary appeal against the judgment has been lodged; or b if the judgment was given in the Republic of Ireland, if enforcement of the judgment is suspended there by reason of an appeal. Effect of refusal of application for a decision that a judgment should not be recognised 8.49 1 Where the court refuses an application for a decision that a judgment should not be recognised, the court may direct that the decision to refuse the application is to be treated as a decision that the judgment be recognised. 2 Where the High court refuses an application for a decision that a judgment should not be recognised, that court may— a treat the answer under rule 8.47(3)(b) as an application that the judgment be registered for enforcement if rule 8.47(5) is complied with; and b order that the judgment be registered for enforcement in accordance with rule 8.50. Notification of the court’s decision on an application for registration or non-recognition 8.50 1 Where the court has— a made an order on an application for an order that a judgment should be registered for enforcement; or b refused an application that a judgment should not be recognised and ordered under rule 8.49(2) that the judgment be registered for enforcement, the proper officer will as soon as practicable take the appropriate action under paragraph (2) or (3). 2 If the court refuses the application for the judgment to be registered for enforcement, the proper officer will serve the order on the applicant and the person against whom judgment was given in the state of origin. 3 If the court orders that the judgment should be registered for enforcement, the proper officer will— a register the judgment in the register of judgments kept by the Office of Care and Protection; b confirm on the order that the judgment has been registered; and c serve on the parties the court’s order endorsed with the proper officer’s confirmation that the judgment has been registered. 4 A sealed order of the court endorsed in accordance with paragraph (3)(b) will constitute notification that the judgment has been registered ... under Article 26 of the 1996 Hague Convention ... and in this rule and rules 8.53 and 8.54 “ notice of registration ” means a sealed order so endorsed. 5 The notice of registration must state— a full particulars of the judgment registered and the order for registration; b the name of the party making the application and that party’s address for service within the jurisdiction; c the right of the person against whom judgment was given to appeal against the order for registration; and d the period within which an appeal against the order for registration may be made. Effect of registration under rule 8.50 8.51 Registration of a judgment under rule 8.50 will serve for the purpose of ... Article 24 of the 1996 Hague Convention ... as a decision that the judgment is recognised. Decision on recognition of a judgment only 8.52 1 Where an application is made seeking recognition of a judgment only, the provisions of rules 8.47 and 8.48 apply to that application as they do to an application for registration for enforcement. 2 Where the court orders that the judgment should be recognised, the proper officer or chief clerk will serve a copy of the order on each party as soon as practicable. 3 A sealed order of the court will constitute notification that the judgment has been recognised under ... Article 24 of the 1996 Hague Convention .... 4 The sealed order must indicate— a full particulars of the judgment recognised; b the name of the party making the application and that party’s address for service within the jurisdiction; c the right of the person against whom judgment was given to appeal against the order for recognition; and d the period within which an appeal against the order for recognition may be made. Appeal against the court’s decision under rules 8.49, 8.50 or 8.52 8.53 1 An appeal against the court’s decision under rules 8.49, 8.50 or 8.52 must be made to a judge of the High Court— a within one month of the date of service of the notice of registration; or b if the party bringing the appeal is habitually resident in another ... Contracting State, within two months of the date of service. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 If ... the appeal is brought by the applicant for a declaration of enforceability or registration and the respondent fails to appear— a where the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters applies, the court must apply Article 15 of that Convention; and b in all other cases, the court will not consider the appeal unless— i it is proved to the satisfaction of the court that the respondent was served with notice of the appeal within a reasonable period of time to arrange his or her response; or ii the court is satisfied that the circumstances of the case justify proceeding with consideration of the appeal. 4 This rule is subject to rule 8.54. Stay of enforcement where appeal pending in state of origin 8.54 1 A party against whom enforcement is sought of a judgment which has been registered under rule 8.50 may apply to the court with which an appeal is lodged under rule 8.53 for the proceedings to be stayed where— a that party has lodged an ordinary appeal in the ... Contracting State of origin; or b the time for such an appeal has not yet expired. 2 Where an application for a stay is filed in the circumstances described in paragraph (1)(b), the court may specify the time within which an appeal must be lodged. Enforcement of judgments registered under rule 8.51 8.55 1 The court will not enforce a judgment registered under rule 8.50 until after— a the expiration of any applicable period under rules 8.53 or 8.54; or b if that period has been extended by the court, the expiration of the period so extended. 2 A party applying to the court for the enforcement of a registered judgment must produce to the court a certificate of service of— a the notice of registration of the judgment; and b any order made by the court in relation to the judgment. Request for a certificate or a certified copy of a judgment 8.56 1 An application for a certified copy of a judgment ... must be made to the court which made the order and without giving notice to any other party. 2 The certified copy of the judgment will be an office copy sealed with the seal of the court and signed by the Master or by the chief clerk where the application is made to the county court. It will be issued with a certified copy of any order which has varied any of the terms of the original order. 3 Where the application is made for the purposes of applying for recognition or recognition and enforcement of the order in another Contracting State, the court must indicate on the certified copy of the judgment the grounds on which it based its jurisdiction to make the order, for the purposes of Article 23(2)(a) of the 1996 Hague Convention. Applications for certified copy of judgment and certificate under Article 41 or 42 of the Council Regulation 8.57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications for certified copy of judgment and certificate under Article 39 of the Council Regulation 8.58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications for certified copy of judgment under the 1996 Hague Convention 8.59 An application for a certified copy of the judgment for the purposes of recognition and enforcement of the judgment under the 1996 Hague Convention must be supported by a statement that is sworn to be true or an affidavit— a exhibiting— i a copy of the application by which the pleadings were begun and a copy of all pleadings filed in the proceedings; ii evidence of service of the proceedings, if any; b stating the grounds on which the court based its jurisdiction to make the orders in question; c stating the age of the child at the time of the judgment and the measures taken, if any, for the child’s wishes and feelings to be ascertained; and d stating which persons were provided with notice of the proceedings. Certificates issued in Northern Ireland under Articles 41 and 42 of the Council Regulation 8.60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rectification of certificate issued under Articles 41 or 42 of the Council Regulation 8.61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authentic instruments and agreements under Article 46 of the Council Regulation 8.62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for provisional, including protective measures 8.63 An application for provisional, including protective measures, under ... Articles 11 or 12 of the 1996 Hague Convention may be made notwithstanding that the time for appealing against an order for registration of a judgment has not expired or that a final determination of any issue relating to enforcement of the judgment is pending.] [ MEDIATION DIRECTIVE Application and interpretation 8.64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant disputes: applications for consent orders in respect of financial remedies 8.65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant disputes: financial remedies expressed in a foreign currency 8.66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mediation evidence: disclosure or inspection 8.67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mediation evidence: witnesses 8.68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .] Brian Hutton John MacDermott Malachy J. Higgins J.F.B. Russell F. Brian Hall Mary Connolly Dated 19th July 1996 I concur Mackay of Clashfern, C. Dated 25th July 1996