Procedure

The proceedings can be commenced either by way of a free standing application or within existing proceedings and a court fee of £60 is payable. An application can also be made by a child under 16 and will not attract a court fee

If the applicant does not wish to reveal his/her address or that of a relevant child, a C8 form must be completed. The address will not be revealed to any other person and will be placed in a sealed envelope. Any application should be supported by a sworn statement.

Applications can be made either without notice being given to the respondent or on notice. Where the application is on notice the applicant is required to arrange for personal service upon the respondent giving not less than 2 clear days notice.

Where the application is without notice a copy of the order together with a sworn statement in support should be served on the respondent personally. The respondent will subsequently be allowed to make representations to the court as soon is practicable

If the property is mortgaged or rented, notice must be given to the mortgagee or landlord giving them the right to make representations in writing or at any hearing.