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Applications relating to orders under section 11A of Family Justice Act 2014 (P. 3, r. 11)

Family Justice (Probate and Other Matters) Rules 2024

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—(1) An application for an order under section 11A(2)(c), (d) or (e), (3)(a), (b), (c), (d) or (e), (5)(c), (d) or (e) or (6)(a), (b), (c), (d) or (e) of the Family Justice Act 2014 must be made by summons and supported by an affidavit.(2) An application for the permission of the Court —(a)to do anything otherwise prohibited under an order made under section 11A(2)(c) or (d), (3)(c) or (d), (5)(c) or (d) or (6)(c) or (d) of the Family Justice Act 2014; or(b)under section 11A(2)(e), (3)(e), (5)(e) or (6)(e) of the Family Justice Act 2014 (as the case may be) to file any application to amend, vary or discharge any other order specified in sub‑paragraph (a),must be made by summons and supported by an affidavit.(3) The party (called in this Rule the applying party) that files the summons must serve on any other party the summons and supporting affidavit at least 7 days before the first hearing or any shorter period that the Court may allow.(4) Where the applying party files a summons mentioned in paragraph (2) more than one year from the date of the last order made in the proceedings, the summons must be served personally on the other party in those proceedings.(5) A party (called in this Rule the responding party) that intends to oppose the applying party’s summons must file and serve on the applying party the responding party’s affidavit within 14 days after being served with the applying party’s summons and supporting affidavit.(6) Except in a special case, no further affidavit is to be received in evidence without the Court’s approval.

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