- Statutory Rule 1999 No. 62
Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1999
© Crown Copyright 1999
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| Made | 14th February 1999 | ||
| Coming into operation in accordance with Rule 1 |
The Lord Chancellor, in exercise of the powers conferred on him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981[1] and Article 34(11) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998[2] on the advice of the Magistrates' Courts Rules Committee and after consultation with the Lord Chief Justice, hereby makes the following Rules:
Citation, commencement and interpretation
1. - (1) These Rules may be cited as the Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1999 and shall come into operation on the same day as Article 20 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 comes into operation.
(2) The Magistrates' Courts (Domestic Proceedings) Rules (Northern Ireland) 1996[3] shall be amended in accordance with the following provisions of these Rules and, in those provisions, any reference to a rule by number alone shall be construed as a reference to the rule so numbered in the said Rules of 1996.
2. Rule 1(2) shall be amended by inserting -
-
(a) after paragraph (aa) the following -
-
"
(aaa) "the Order of 1998" means the Family Homes and Domestic Violence (Northern Ireland) Order 1998[4];";
(b) after paragraph (c) the following -
-
"
(d) "first class post" means first class post which has been pre-paid or in respect of which pre-payment is not required.".
3.
After rule 2 there shall be inserted the following new rule -
-
"
Proceedings with respect to which a Resident Magistrate may discharge the functions of a court
2A. Where an application is made ex parte for an occupation order or a non-molestation order under the Order of 1998, a resident magistrate may discharge the functions of a court of summary jurisdiction.".
4.
For rules 10 to 13 there shall be substituted the following -
-
"
Applications under the Order of 1998
10. - (1) An application by way of complaint to a justice of the peace or clerk of petty sessions for an occupation order or a non-molestation order under the Order of 1998 shall be made in writing in Form F1.
(2) An application in Form F1 shall be supported -
-
(a) by a statement which is signed and is declared to be true; or
(b) with the leave of the court, by oral evidence.
(3) Any summons issued in consequence of such an application shall be prepared in triplicate in Form F2 and a copy shall be served (together with a copy of the written application referred to in paragraph (1) and any supporting statement referred to in paragraph (2)) on the respondent not less than two days prior to the date fixed for hearing.
(4) The court may abridge the period specified in paragraph (3).
Ex parte applications under the Order of 1998
10A.
- (1) An application for an occupation order or a non-molestation order under the Order of 1998 may, with the leave of the court, be made ex parte and in which case -
-
(a) Article 77(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (civil proceedings to be on complaint) and rule 10 shall not apply; and
(b) the evidence in support of the application shall state 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, -
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(a) file a written copy of the application in Form F1 together with any supporting statement with the clerk of petty sessions; and
(b) serve a copy of the application in Form F1, together with any supporting statement on the respondent.
(3) Service of any document referred to in paragraph (2)(b) may be effected -
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(a) if the respondent is not known to be acting by solicitor -
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(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 respondent is known to be acting by solicitor -
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(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 facsimile transmission to the solicitor's office.
(4) Upon complying with paragraph (2)(b) the applicant shall file a statement in Form F4 and the statement shall indicate -
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(a) the manner, date, time and place of service, or
(b) where service was effected by post, the date, time and place of posting.
(5) Where the court refuses to make an order on an ex parte application it may direct that the application be made inter partes.
Notice of application under the Order of 1998 to Mortgagee or Landlord
10B.
- (1) 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 together with a notice in Form F3 informing him of his right to make representations in writing or at any hearing.
(2) Rule 10A(4) above shall apply, with the necessary modifications, to service under this rule.
Disclosure of address
10C.
Rule 24 of the Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996[5] (disclosure of address) shall apply for the purpose of preventing the disclosure of addresses where an application is made in Form F1 as it applies for that purpose in proceedings under the Children (Northern Ireland) Order 1995[6].
Transfer of Proceedings under the Family Homes and Domestic Violence (Allocation of Proceedings) Order 1999[7]
11.
- (1) Where an application for an occupation order or a non-molestation order under the Order of 1998 is 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 the court shall make an order for transfer in Form F5 if it seems necessary or expedient to do so.
(2) Where an order for transfer is made, the clerk of petty sessions shall send a copy of the order to -
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(a) the parties; and
(b) to the clerk of petty sessions or the chief clerk of the county court or the Master (Probate and Matrimonial) of the High Court as the case may be.
Hearing of applications under the Order of 1998
12.
- (1) This rule applies to the hearing of applications under the Order of 1998 and the following forms shall be used in connection with such hearings:
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(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.
(2) 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 orders made under the Order of 1998
12A.
- (1) Subject to paragraph (2) where a court makes either a non-molestation or an occupation order under the Order of 1998, the clerk of petty sessions shall cause a copy of the order to be served forthwith -
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(a) on the respondent personally, and
(b) on the divisional commander of the police division in which the applicant is resident or in which any premises or any part of an area specified in the order are or is situated.
(2) If the court is satisfied by evidence on oath that prompt personal service on the respondent is impracticable, service may be effected in accordance with rule 10A(3)(a)(ii) or (b) above.
(3) Where the application is for an occupation order under Article 11, 13 or 14 of the Order of 1998, 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.
Applications to vary etc orders made under the Order of 1998
13.
- (1) An application by way of complaint to a justice of the peace or clerk of petty sessions for the extension, variation or discharge of an occupation order or non-molestation order made under the Order of 1998 shall be made in writing in Form F8.
(2) Rules 10(3) and (4), 10C, 12 and 12A above shall apply, with the necessary modifications, to such an application.".
5.
In rule 15(1) for the words "Articles 4, 8, 9 or 18" there shall be substituted the words "Articles 4, 8 or 9".
6.
In Schedule 1 for Forms D8 to D12 there shall be substituted the new Forms F1 to F8 set out in the Schedule to these rules.
7.
Subject to paragraph 4(3) of Schedule 4 to the Order of 1998, rules 2 to 6, shall not apply to proceedings commenced before these Rules came into operation.
Irvine of Lairg, C.
Dated 14th February 1999
of
Petty Sessions District of
Applicant
of
County Court Division of
Respondent
Please read the accompanying notes as you complete this form
1. About you (the applicant)
State your title (Mr, Mrs etc), full name, address, telephone number and date of birth (if under 18)
State your solicitor's name, address, reference, telephone, FAX and DX numbers:
2. About the respondent
State the respondent's name, address and date of birth (if known):
3. The Order(s) for which you are applying
This application is for:
a non-molestation order an occupation order Tick this box if you wish the court to hear your application without notice being given to the respondent. The reasons relied on for an application being heard without notice must be stated in the statement in support.4. Your relationship to the respondent (the person to be served with this application)
Your relationship to the respondent is:
Please tick only one of the following. The accompanying notes on Section 4 will help you to decide which category is most applicable to you.
1.
Married2.
Were married3.
Cohabiting4.
Were cohabiting5.
Both of you live or have lived in the same household6.
RelativeState how related
7.
Agreed to marry.Give the date the agreement was made. If the agreement has ended, state when.
8.
Both of you are parents of or have parental responsibility for a child.9.
One of you is a parent of a child and the other has parental responsibility for that child.10.
One of you is the natural parent or grandparent of a child adopted or freed for adoption, and the other is:-
(i) the adoptive parent
or (ii) a person who has applied for an adoption order for the child
or (iii) a person with whom the child has been placed for adoption
or (iv) the child who has been adopted or freed for adoption
State whether (i), (ii), (iii) or (iv):
11.
Both of you are parties to the same family proceedings (see also Section 11 below).
5.
Application for a non-molestation order
If you wish to apply for a non-molestation order, state briefly in this section the order you want.
Give full details in support of your application in your supporting evidence.
6.
Application for an occupation order
If you do not wish to apply for an occupational order, please go to section 9 of this Form.
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(A) State the address of the dwelling-house to which your application relates:
(B) State whether it is occupied by you or the respondent now or in the past, or whether it was intended to be occupied by you or the respondent:
The accompanying notes on Section 6 will help you to decide which of the following categories are most applicable to you.
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(C) State whether you are entitled to occupy the dwelling house:
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Yes |
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No |
If yes, explain why:
(D) State whether the respondent is entitled to occupy the dwelling-house:
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Yes |
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No |
If yes, explain why:
On the basis of your answer to (C) and (D) above, tick one of the boxes 1 to 5 below to show the category into which you fit.
1.
A spouse who has matrimonial home rights in the dwelling-house or a person who is entitled to occupy it by virtue of a beneficial estate or interest or contract or by virtue of any enactment giving him or her the right to remain in occupation.
If you tick box 1 state whether there is a dispute or pending proceedings between you and the respondent about your right to occupy the dwelling-house.
2.
A former spouse with no existing right to occupy where the respondent spouse is entitled.
3.
A cohabitant or former cohabitant with no existing right to occupy, where the respondent cohabitant or former cohabitant is also not so entitled.
4.
A spouse or former spouse who is not entitled to occupy, where the respondent spouse or former spouse is also not entitled.
5.
A cohabitant or former cohabitant who is not entitled to occupy, where the respondent cohabitant or former cohabitant is also not entitled.
Matrimonial Home Rights
If you do have matrimonial home rights please:
State whether the title to the land is registered or unregistered (if known):
If registered, state the Land Registry folio number (if known):
If you wish to apply for an occupational order, state briefly here the order you want. Give full details in support of your application in your supporting evidence.
7.
Application for additional order(s) about the dwelling-house
If you want to apply for any of the orders listed in the notes to this section, state what order you would like the court to make:
8.
Mortgage and rent
Is the dwelling-house subject to a mortgage?
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Yes |
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No |
If yes, please provide the name and address of the mortgagee:
Is the dwelling-house rented?
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Yes |
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No |
If yes, please provide the name and address of the landlord:
9. At the court
Will you need an interpreter at court?
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Yes |
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No |
If yes, specify the language:
If you need an interpreter because you do not speak English, you are responsible for providing your own.
If you need an interpreter or other facilities because of a disability please contact the court to ask what help is available.
10. Other information
State the name and date of birth of any child living with or staying with or likely to live with or stay with you or the respondent.
State the name of any person living in the same household as you and the respondent, and say why they live there:
11. Other Proceedings and Orders
If there are any other current family proceedings or orders in force involving you and the respondent, state the type of proceedings or orders, the court and the case number. This includes any application for an occupation order or non-molestation order against you by the respondent.
This application is to be served upon the respondent
Signed
Date
Section 1
If you do not wish your address to be made known to the respondent, leave the space on the form blank and complete the Confidential Address Form C5. The court can give you this form.
Section 3
An urgent order made by the court before notice of the application is served on the respondent is called an ex-parte order. In deciding whether to make an ex-parte order the court will consider the circumstances of the case, including:
If the court makes an ex-parte order, it must give the respondent an opportunity to make representations about the order as soon as just and convenient at a full hearing.
'Harm' in relation to a person who has reached the age of 18 means ill-treatment or the impairment of health, and in relation to a child means ill-treatment or the impairment of health and development. 'Ill-treatment' includes sexual abuse and forms of ill-treatment which are not physical. The court will require evidence of any harm which you allege in support of your application. This evidence should be included in the statement accompanying this application.
Section 4
For you to be able to apply for an order you must be related to the respondent in one of the ways listed in this section of the form. If you are not related in one of these ways you should seek legal advice.
Cohabitants are a man and a woman who, although not married to each other are living or have lived together as husband and wife. People who have cohabited but have then married will not fall within this category, but will fall within the category of married people.
Those who live or have lived in the same household do not include people who share the same household because one of them is the other's employee, tenant, lodger or boarder.
You will only be able to apply as a relative of the respondent if you are:
(A) the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of the respondent or of the respondent's spouse or former spouse.
(B) the brother, sister, uncle, aunt, niece or nephew (whether of the full blood or of the half blood by affinity) of the respondent or of the respondent's spouse or former spouse.
This includes, in relation to a person who is living or has lived with another person as husband and wife, any person who would fall within (A) or (B) if the parties were married to each other (for example your cohabitee's father or brother).
Agreements to marry: You will fall within this category only if you make this application within three years of the termination of the agreement. The court will require the following evidence of the agreement:
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evidence in writing
or
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the gift of an engagement ring in contemplation of marriage
or
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evidence that a ceremony has been entered into in the presence of one or more other persons assembled for the purpose of witnessing it.
Parents and parental responsibility: You will fall within this category if
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both you and the respondent are either the parents of a child or have parental responsibility for that child
or
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if one of you is the parent and the other has parental responsibility.
Under the Children (Northern Ireland) Order 1995, parental responsibility is held automatically by a child's mother and by the child's father if he and the mother were married at the time of the child's birth or have married subsequently. Where this is not the case parental responsibility can be acquired by the father in accordance with the provisions of the Children (Northern Ireland) Order 1995.
Section 5
A non-molestation order can forbid the respondent to molest you or a relevant child. Molestation can include, for example, violence, threats, pestering and other forms of harrassment. The court can forbid particular acts of the respondent, molestation in general, or both.
Section 6
If you wish to apply for an occupation order but you are uncertain about your answer to any of the questions in this part of the application form, you should seek legal advice.
(A) A dwelling-house includes any building or part of a building which is occupied as a dwelling; any caravan, houseboat or structure which is occupied as a dwelling; and any yard, garden, garage or outhouse belonging to it and occupied with it.
(C) & (D) The following questions give examples to help you to decide if you or the respondent, or both of you, are entitled to occupy the dwelling-house:
-
(a) Are you the sole legal owner of the dwelling-house?
(b) Are you and the respondent joint legal owners of the dwelling-house?
(c) Is the respondent the sole legal owner of the dwelling-house?
(d) Do you rent the dwelling-house as sole tenant?
(e) Do you and the respondent rent the dwelling-house as joint tenants?
(f) Does the respondent rent the dwelling-house as sole tenant?
If you answer
Box 1 For example, if you are sole owner, joint owner or if you rent the property. If you are not a spouse, former spouse, cohabitant or former cohabitant of the respondent you will only be able to apply for an occupation order if you fall within this category.
If you answer Yes to this question, it will not be possible for a magistrates' court to deal with the application, unless the court decides that it is unnecessary for it to decide this question in order to deal with the application or make an order. If the court decides that it cannot deal with Notes for Guidance (continued) the application it will transfer the application to a county court.
Box 2 For example, if the respondent was married to you and is sole owner or rents the property.
Box 3 For example, if the respondent is or was co-habiting with you and is sole owner or rents the property.
Matrimonial Home Rights
Where one spouse is entitled to occupy the dwelling-house by virtue of a beneficial estate or interest or contract or by virtue of any enactment giving him or her the right to remain in occupation and the other spouse is not so entitled, the spouse who is not entitled has matrimonial home rights. These are a right, if the spouse is in occupation, not to be evicted or excluded from the dwelling-house except with the leave of the court and, if the spouse is not in occupation, the right with the leave of the court to enter into and occupy the dwelling-house.
Matrimonial home rights do not exist if the dwelling-house has never been and was never intended to be, the matrimonial home of the two spouses. If the marriage has come to an end, matrimonial home rights will also have ceased unless a court order has been made during the marriage for the rights to continue after the end of the marriage.
Occupation Orders
The possible orders are:
If you have ticked box 1 above, an order under Article 11 of the Order of 1998 may:
If you have ticked box 2 or box 3 above -
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(a) an order under Article 13 or 14 of the Order of 1998 must:
- give the applicant the right not to be evicted or excluded from the dwelling-house or any part of it by the respondent for a specified period; and
- prohibit the respondent from evicting or excluding the applicant during that period
- give the applicant the right to enter and occupy the dwelling-house for a specified period; and
- require the respondent to permit the exercise of that right
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(i) if the applicant is in occupation, -
(ii) if the applicant is not in occupation, -
(b) an order under Article 13 or 14 of the Order of 1998 may -
- regulate the occupation of the dwelling-house by either or both of the parties
- require the respondent to permit the applicant to have peaceful use and enjoyment of the dwelling-house or part of it
- provide for the respondent to remove from the dwelling-house or part of it, personal effects or any furniture or other contents which are specified in the order
- prohibit, suspend or restrict the exercise by the respondent of his right to occupy
- require the respondent to leave the dwelling-house or part of it
- exclude the respondent from a defined area around the dwelling-house or any other defined area or premises
- restrain the respondent from disposing of any estate he has in the dwelling-house
If you have ticked box 4 or box 5 above, an order under Article 15 or 16 of the Order of 1998 may:
- require the respondent to permit the applicant to enter and remain in the dwelling-house or part of it
- regulate the occupation of the dwelling-house by either or both of the parties
- require the respondent to leave the dwelling-house or part of it
- exclude the respondent from a defined area around the dwelling-house or any other defined area or premises
- require the respondent to permit the applicant to have peaceful use and enjoyment of the dwelling-house or part of it
- provide for the respondent to remove from the dwelling-house or part of it personal effects or any furniture or other contents which are specified in the order.
You should provide any evidence which you have on the following matters in your evidence in support of this application. If necessary, further statements may be submitted after the application has been issued.
If you have ticked box 1, 4 or 5 above, the court will need any available evidence of the following:
- the housing need and resources of you, the respondent and any relevant child
- the financial resources of you and the respondent
- the likely effect of any order, or of any decision not to make an order, on the health, safety and well-being of you, the respondent and any relevant child
- the conduct of you and the respondent in relation to each other and otherwise
If you have ticked box 2 above, the court will need any available evidence of:
- the housing needs and resources of you, the respondent and any relevant child
- the financial resources of you and the respondent
- the likely effect of any order, or of any decision not to make an order, on the health, safety and well-being of you, the respondent and any relevant child
- the conduct of you and the respondent in relation to each other and otherwise
- the length of time that has elapsed since you and the respondent ceased to live together
- the length of time that has elapsed since the marriage was dissolved or annulled
- the existence of any pending proceedings between you and the respondent:
-
under Article 26 of the Matrimonial Causes (Northern Ireland) Order 1978 (property adjustment orders in connection with divorce proceedings etc.)
or
-
under para 2(2)(d) or (e) of Schedule 1 to the Children (Northern Ireland) Order 1995 (orders for financial relief against parents)
or
-
relating to the legal or beneficial ownership of the dwelling-house.
If you have ticked box 3 above, the court will need any available evidence of:
Section 7
Under Article 18 of the Order of 1998, the court may make the following additional orders when making an occupation order:
Section 8
If the dwelling-house is rented or subject to a mortgage, the landlord or mortgagee must be served with notice of the proceedings in Form F3. He or she will then be able to make representations to the court regarding the rent or mortgage.
Section 10
A person living in the same household may, for example, be a member of the family or a tenant or employee of you or the respondent.
of
Petty Sessions District of
Applicant
of
County Court Division of
Respondent
Whereas an application, a copy of which is attached, has been made under Article of the above Order.
THIS IS TO COMMAND YOU to appear as respondent on the hearing of the said application at on the day of 19 at o'clock before a Court of Summary Jurisdiction for the above mentioned Petty Sessions District.
Dated this day of 19
Justice of the Peace
[or Clerk of Petty Sessions]
What to do next
There is a copy of the application with this summons. You have been named as a party in the application.
Read the application now and the notes overleaf.
When you go to court please take this Summons with you and show it to a court official.
About this Summons
| Note 1 | It is in your own interest to attend the court on the date shown on this Summons. You should be ready to give any evidence which you think will help you to put your side of the case. | |
| Note 2 | For legal advice - | go to a solicitor or an advice agency |
| You can obtain the address of a solicitor or an advice agency from the Yellow Pages or the Law Society | ||
| A solicitor or an advice agency will be able to tell you whether you may be eligible for legal aid. | ||
| Note 3 | If you require an interpreter | because you do not speak English, you must bring your own. |
| because of a disability, please contact the court to ask what help is available. | ||
| Note 4 | To the respondent | the following information only applies if the applicant has applied for an occupation order. |
| If the applicant has ticked box 1, 4 or 5 on page 4 of the application form, the court will need any available evidence of the following: | ||
| - the housing needs and resources of you, the applicant and any relevant child | ||
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| If the applicant has ticked box 2, the court will need any available evidence of | ||
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| under Article 26 of the Matrimonial Causes (Northern Ireland) Order 1978 (property adjustment orders in connection with divorce proceedings etc.) | ||
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| under para 2(2)(d) or (e) of Schedule 1 to the Children (Northern Ireland) Order 1995 (orders for financial relief against parents) | ||
| or | ||
| relating to the legal or beneficial ownership of the dwelling-house. | ||
| If the applicant has ticked box 3, the court will need any available evidence of: | ||
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of
Petty Sessions District of
Applicant
of
County Court Division of
Respondent
| Notice to | |
| concerning the dwelling-house at | |
| Take Notice | that an [application] [will be] [has been] made in proceedings under the Family Homes and Domestic Violence (Northern Ireland) Order 1998 which affects the occupation of the above dwelling house and the payment of the [mortgage] [rent] thereon. |
| The next hearing is at | |
| on | at [am] [pm] |
| What you may do next | If either the applicant or respondent has matrimonial home rights: |
| You may apply to be made a party to these proceedings if you wish to do so. | |
| If neither the applicant nor the respondent has matrimonial home rights, or you do not wish to be made a party: | |
| You may make representations to the court about these proceedings. | |
| This should be done in writing to the court where the proceedings are taking place. Your letter should be addressed to the clerk of petty sessions. |
Signed
Dated
of
Petty Sessions District of
Applicant
of
County Court Division of
Respondent
| You must |
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| You should | if the person's solicitor was served, give his or her name and address |
| You must indicate | the manner, date, time and place of service |
| or where the service was effected by post, the date, time and place of posting. |
| Name and address of person served | Means of identification of person served and how, when and where served | Prescribed forms served |
I have served the application as stated above.
I am the [applicant] [solicitor for the applicant] [other] [state]
Signed
Date:
of
Petty Sessions District of
Applicant
of
County Court Division of
Respondent
| The Court orders that | these proceedings be transferred to the |
| [High Court] [County Court] [Family Care Centre at ] | |
| [Court of Summary Jurisdiction] | |
| because | |
| The next hearing is | at |
| on at [am] [pm] | |
| Please address all future correspondence to | |
| Ordered by | |
| on |
RECORD OF THE HEARING
Applicant
Respondent
| On Notice |
|
Ex parte |
|
1. Attendees
| Name | Present | Represented by |
2. Evidence
To be completed only when the court makes a finding of fact
| The Court read the report(s)/statement(s) of | Dated |
| The Court heard oral evidence [on oath] from |
of
Petty Sessions District of
Applicant
of
County Court Division of
Respondent
Order
Ordered by
on
Important Notice to the Respondent [Name]
This order gives you instructions which you must follow. You should read it all carefully. If you do not understand anything in this order you should go to a solicitor, Advice Centre or Citizen's Advice Bureau. You have a right to ask the court to change or cancel the order but you must obey it unless the court does change or cancel it.
You must obey the instructions contained in this order. If you do not, you may be guilty of an offence, and you may be sent to prison and/or fined.
ofPetty Sessions District of
Applicant
of
County Court Division of
Respondent
|
1.
About you (the applicant) State your title, full name, address, telephone number, and date of birth |
If you do not wish your address to be made known to the respondent leave this space blank and complete Confidential Address Form C5 (if you have not already done so). The court can give you this form. |
| State your solicitor's name, address, reference, telephone, FAX and DX numbers. | |
| If you are already a party to the case, give your description (for example, applicant, respondent or other). | |
|
2.
The order(s) for which you are applying I am applying to vary extend discharge the order dated: |
Please attach a copy of the order if possible |
| If you are applying for an order to be varied or extended please give details of the order which you would like the court to make: |
3. Your reason(s) for applying
State briefly your reasons for applying.
4. Person(s) to be served with this application
For each respondent to this application state the title, full name and address.
Signed
(Applicant)
Date
(This note is not part of the Rules.)
These Rules amend the Magistrates' Courts (Domestic Proceedings) Rules (Northern Ireland) 1996 to provide for proceedings under the Family Homes and Domestic Violence (Northern Ireland) Order 1998.
Notes:
[1] S.I. 1981/1675 (N.I. 26)back
[2] S.I. 1998/1071 (N.I. 6)back
[4] S.I. 1998/1071 (N.I. 6)back
[6] S.I. 1995/755 (N.I. 2)back
ISBN 0 377 93424 X