After an Order has been made, further applications may be needed for particular situations. For example, circumstances may change, so you may need to change or cancel the Order. Or you have an Article 179(14) against you or you wish to enforce or appeal an Order.
Remember, if you are seeking to change, cancel or appeal an existing Order, make sure you apply to the correct level of court.
Change or cancel an existing Order
It is possible to change or cancel an Order when circumstances change or if the Order is no longer in the child’s best interests. Changing the Order is referred to as varying the Order. Cancelling the Order is known as discharging the Order.
For example, if the contact parent’s work hours change, the terms of the Order may no longer be possible to follow. The parent could apply for the Order to be varied to reflect these changes.
Try to agree before returning to court
If possible, the parents or persons with parental responsibility should try to agree any changes between themselves before returning to court.
If you can agree without the need for the existing Order to be changed, there is no requirement to go back to the court but you may want to have the new agreement documented in writing. If it breaks down, the terms of the original Order will still be in place until it is formally changed.
If you do agree a change in an Order, you may want the changes to be made to the Order. That would require an application to court for a judge to approve and change the Order to reflect the agreed changes.
If you cannot agree
If you cannot agree a change in the existing arrangements for the child, you can apply to the court to vary the court Order and explain the change of circumstances.
How the judge decides
The judge will decide whether or not the Order should be varied or cancelled by considering the Welfare Checklist and any other relevant evidence - see Welfare Checklist. If the Order is varied, then the new variation will become legally binding and must be complied with. If the Order is cancelled, the Order no longer applies.
How to apply to cancel or vary the Order
If there are no other court proceedings taking place, the person seeking to apply to change or cancel the Order will need to apply using Form C1 - see Apply for an Order.
If there are ongoing proceedings, the applicant will need to complete a Form C2 - see Applying in on-going proceedings.
Make sure you apply to the correct level of court.
Restricted from applying for an Order: an Article 179(14) Order
In some circumstances, a judge will decide that someone who normally has an automatic right to make a request to the court has to ask the court’s permission before making any more applications. For example, a parent who does not live with their child.
The judge may decide this because they consider it is necessary for the child or because the child and parties would benefit from a break in legal proceedings. In this case, the judge may make an Article 179(14) Order.
Either of the parties to the case can request an Article 179(14) Order is made or the judge can decide to make one without the parties requesting it.
This Order puts a time limit on when the next court application can be made.
If you have an Article 179(14) Order and want to make another application before the time limit is up, you need to get the court’s permission to do this - see Asking for permission to apply for an order.
Enforcement of a court Order
A court Order is legally binding and if it is not followed or complied with, then the person in whose favour the Order is made can seek enforcement of the Order.
If you have a legal representative, they will guide you on what they believe are the appropriate steps to take. If you do not have one, you can apply for an enforcement of a court Order.
The other party is not complying with the Order
As a first step, you should write a letter to the other parent (or their legal representative if they are represented) who is in breach of the Order (failed to comply with or disobeyed it) to remind them of the legally binding nature of the Order. Remember to use first class post and get proof of posting.
You should refer them to any warning notice on the Order, if there is one and this is relevant.
If the breach of the court Order continues or is not remedied, you can apply for enforcement of the Order. A judge can then decide to attach a penal notice to the Order, which is a notice to the person named in the Order that they may be fined or imprisoned.
During enforcement proceedings, the judge will consider whether a breach has taken place, the severity of the breach and whether there is a reasonable justification for the breach. They will then decide a penalty, if any, to be imposed. Penalties may include a warning, fine and in the most serious cases, a transfer of residence or a custodial sentence.
Think about your options
When considering enforcement, it is important to consider what is in the best interests of the child. As the Order has broken down, it may be that aspects need to be re-visited and it may be more appropriate to consider whether a variation or change of the Order would be better for the child than its enforcement. For further information - see Change or cancel an existing Order above.
What you are asking the judge to do
When a party applies to enforce an Order, they are asking the judge to attach a penal notice to the Order.
A penal notice sets out what will happen if the other party fails to comply with the court Order.
If the other party ignores the penal notice or the judge is satisfied that there has been a breach and contempt of court, the judge can make a committal Order.
The judge has the power to fine or imprison the other party and/or change the child’s living arrangements. A committal Order should usually only be sought and exercised as a last resort.
The process of applying for enforcement of an Order
How you apply for an Order to be enforced will depend on which Court issued the Order. Here are the different steps for each court.
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Enforcing a court Order issued by the Family Proceedings Court
If you seek to enforce an Order issued by a judge of the Family Proceedings Court, the process is governed by Article 112 of the Magistrates' Court Order 1981 and Rule 8 of the Magistrates’ Courts Rules 1984 - see Court rules.
What you have to do
- To make an application for enforcement of an Order, you can ask the relevant court office, email in the first instance, to send you a template application for a summons for the party who is not complying with the Order, see NICTS contact details and Court office emails.
The summons compels the named party to answer an application for enforcement of the Order.
- The court office will send you the template which you can change to include the details of the Order that you want to have enforced. You should insert the case number and date of the Order you seek to enforce, these can be found on the Order itself. This amended template becomes your application for a summons for contempt.
- You are required to lodge as many copies of summons application that the court office requires (usually 4) and you should also attach a copy of the court Order that you seek to enforce.
- You are required to pay the appropriate service fee for a contempt summons which is £22. If you are in receipt of benefits or have a low income, you may qualify for an exemption or reduction in court fees - see Department of Justice Court Fees.
What happens next
The summons application will be put before a judge who will decide whether to approve it. If the judge approves the application, they will ask the court staff to send it to the Family Proceedings Court which will serve the summons on the other party.
The application will then be listed for hearing and a judge can issue an enforcement Order and sanction against the person if they are found to be in breach of the Order.
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Enforcing a court Order issued by the Family Care Centre
If you seek to enforce an Order issued by a judge of the Family Care Centre, the process is governed by Order 57 of the County Court Rules 1981 and Rule 4.22 of the Family Proceedings Rules 1996 – see Court rules. You will be required to file an application together with a sworn affidavit and the appropriate court fee to the Family Care Centre.
What you have to do
- The application form, referred to as a Notice of Motion, should take the format of Form 269 found in the Appendix of the County Court Rules 1981.
- You can ask the relevant court office, email in the first instance, to send you the application form. You should insert the case number and date of the Order you seek to enforce, these can be found on the Order itself, see NICTS contact details and Court office emails.
- The affidavit should take the required format under Form 2 of the County Court Rules 1981 found in the appendix of the County Court Rules 1981. The affidavit must be sworn and should include in numbered paragraphs the facts, statements or information and beliefs which support the Notice of Motion.
- The court fee of £151 should be paid when submitting the completed Form 269 and sworn affidavit to the court office. If you are in receipt of benefits or have a low income, you may qualify for an exemption or reduction in court fees - see Department of Justice Court Fees.
What happens next
The court staff will process the application which will be put before the relevant judge at the Family Care Centre for hearing. If the judge decides that there has been a breach, they can direct for the Order to be endorsed with a warning notice and personally served on the other party. This warns the other party that if they do not comply with the Order they will be in contempt of court. If the party continues to breach the Order then an application for committal for disobeying the Order can be brought before the judge.
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Enforcing a court Order in the High Court of Justice
If you seek to enforce an Order issued by a judge of the High Court, the process is governed by Order 45 of The Rules of the Court of Judicature (Northern Ireland) 1980 – see Court rules.
What you have to do
You can make an application by way of a summons, an affidavit and the appropriate court fee to the High Court. You should file three copies of the summons and affidavit which should include the original and two copies.
- The application, referred to as an Originating Summons, can be found at Form 6 of The Rules of the Court of Judicature (Norther Ireland) 1980.
- The affidavit should comply with Order 41 of the Rules and should take the required format under Form 2 of The Rules of the Court of Judicature (Northern Ireland) 1980 and should be sworn and include in numbered paragraphs the facts, statements of information or belief and supporting documents exhibited to the affidavit, as required.
- The summons and affidavit must be served on any other party.
- The court fee of £151 should be paid when submitting the completed summons and affidavit to the court office. If you are in receipt of benefits or have a low income, you may qualify for an exemption or reduction in court fees - see Department of Justice Court Fees.
What happens next
The court staff will then process the application which will be put before the family judge for listing and hearing. If the judge decides that there has been a breach, they can direct that the Order is endorsed with a warning notice and personally served on the other party which warns that if they do not comply with the Order they will be in contempt of court.
If the party continues to breach the penal notice then an application for committal for disobeying the Order can be made by a judge under Order 52 of the Rules of Court of Judicature 1980.
Appeals
The law on appeals can be complex and difficult to understand. You should think carefully about whether to appeal the judge’s decision and whether you have a good reason – known as ‘grounds’ – on which to appeal.
You should not appeal the judge’s decision simply because you do not like it or wished for an alternative outcome.
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Basis for an appeal
To appeal, you will need to detail why you are appealing the decision, including the grounds you wish to rely on.
Generally, grounds of appeal are divided into two areas:
- Error of law
- Serious procedural irregularity
You should identify what the ground of appeal is in the judge’s decision, which must relate to one or both of these areas. This is a complex area of law and obtaining legal advice may assist you.
Sometimes the judge will give a decision orally and not in writing. You should carefully review your notes and if you require further reasons, you can ask the judge to provide a written statement of reasons for their decision. Alternatively, you can request the court officers to ask the judge to provide a written statement of reasons. The judge can refuse your request.
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How to appeal
1. Keep to the time limit
An application for an appeal must be made within 14 calendar days, i.e. 10 working days, of the original decision. It is possible to obtain an extension to the 14 calendar day limit, but only with good reason.
2. Obtain a copy of the judge’s Order
You will need to include a copy of the judge's Order as part of your appeal.
Bear in mind that the Order is sent by post and generally takes a week to arrive but might take longer. If you wish to get a copy of the Order sooner than this, you can arrange to collect a copy at the court office. You can also ask the other party’s legal representative to give you a copy.
If you want to collect the Order from the court office you should email the court office in advance to arrange collection. Court staff cannot give legal advice, for example, whether you should appeal or whether your appeal will be successful. If you have misplaced the Order you can ask the court office for a copy, you may have to pay a small fee.
3. Fill in the Notice of Appeal
To begin an appeal, you must complete and lodge a Notice of Appeal within 14 calendar days, i.e. 10 working days, of the original decision – see Appeals documents. There are different forms depending on which court you are appealing to.
An appeal of a decision of the Family Proceedings Court
An appeal of a decision of the FPC is heard by the Family Care Centre:
Form Notice of Appeal to Family Care Centre – complete the form and attach a copy of the Order to be appealed.
An appeal of a decision of the Family Care Centre
An appeal of a decision of the FCC where the case was not itself an appeal is heard by the High Court.
Form Notice of Appeal to the High Court – complete the form and attach a copy of the Order to be appealed.
Hearing request or approval form
You may be required to complete a form in collaboration with the other party if there is going to be hearing. Contact the court to check.
When the case is listed for hearing, the parties may be required to complete a form about who will attend the hearing and the issues to be discussed.
The court office may send you the form one week prior to the hearing date. The parties may need to collaborate to complete the form before returning it to the court office.
Reasons
The Notice of Appeal should clearly explain how the decision was wrong in law or how procedure was not followed correctly. This means you, or your legal representative if you are represented, need to make detailed legal and procedural points in your application. If you are in any doubt about the basis for appeal, you should get legal advice. Appealing a decision is costly and takes time.
4. Submit the forms to the relevant court and serve the appeal
Send the Notice of Appeal along with the judge's Order to the relevant court. This is known as ‘filing an appeal’.
A copy of the Notice of Appeal should also be sent to the other party within the 14 calendar day limit. This is known as ‘serving an appeal’.
Remember, if you post the Notice of Appeal to the court and the other party, use first class post and get proof of posting.
5. Pay the fee
There is a fee to lodge a notice of appeal - see Court fees.
If you are in receipt of benefits or have a low income, you may qualify for an exemption or reduction in court fees. To apply for an exemption or to claim back court fees, use Form ER1.
Form ER1 - Fee exemption IF YOUR CIRCUMSTANCES ALLOW
You may need to complete more than one form as you must submit a separate form for each individual fee for which you would like help with.
Court fee refund form should be completed if you have already paid a fee and now realise you could have applied for help, you may be able to claim a refund.
6. What happens next
Once the Notice of Appeal has been filed, the court will send a date for a first hearing of the appeal.
The judge will consider whether the appeal has merit
In the first hearing, the appeal judge will look over the information submitted, hear any points from either party, call for submissions, and ask questions about the application. They will then decide whether the appeal has a real prospect of success. If they decide the appeal has merit, the appeal will be listed for hearing. If they decide there is no basis for the appeal, it will be rejected. In some circumstances, at this initial stage the judge may decide that the party making the appeal should pay for the other party’s legal costs.
The other party's options
The other party in the original case may also believe the judge’s decision was wrong in law or procedure. They may also decide to appeal after they have been informed that you have lodged an appeal notice. This is known as a cross-appeal. The other party becomes known as the respondent.
Time limits
There are strict time limits that apply here as well. Within 14 calendar days, i.e. 10 working days, of receiving your notice of appeal, the respondent must send their notice of appeal to the court and to you in writing stating the basis of their cross-appeal. This is called a respondent’s notice. The court will normally hear the respondent’s appeal at the same time as your appeal.
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The route an appeal takes - which court
A case in the Family Proceedings Court is appealed to the Family Care Centre
If the original case was heard in the Family Proceedings Court, the appeal usually goes to the Family Care Centre. Check where your nearest FCC is – see NICTS contact details and Court office emails.
Can you appeal the decision of the appeal court?
If you have appealed a decision of the Family Proceedings Court to the Family Care Centre, the appeal decision of the Family Care Centre cannot then be appealed. There is no route to appeal an appeal decision.
A case in the Family Care Centre is appealed to the High Court
If the initial case was decided in the Family Care Centre, the appeal has to be made to the High Court in Belfast.
The Family Care Centre should give the party making the appeal, known as the appellant, a typed copy of the judge’s reasons for the decision and any other relevant information. Form C19 is used to request this information.
In appeals to the High Court the appellant must provide the judge with the relevant documents and arguments. This is called a court bundle - see Court bundle. The bundle should include a skeleton argument, existing Orders and other relevant documents, such as reports and witness statements.
Declaration of Parentage
A Declaration of Parentage by a court of Northern Ireland declares whether a named individual is the legal or biological parent of another person.
An application for a Declaration of Parentage is a way to resolve issues about biological and legal parentage, parenthood and birth registration. This includes when a person is seeking a court ordered DNA test to prove or disprove paternity of a child.
Legal parenthood is important because it creates legal relationships between a parent and a child and between wider family members (e.g. grandparents, siblings, aunts, uncles and cousins).
A Declaration of Parentage can be used in a range of situations. In Family Proceedings cases, it can be used to settle a dispute about paternity or legal parentage and financial provision for a child.
A Declaration of Parentage is binding.
Due to different court rules, the process for obtaining a Declaration of Parentage is different depending on whether the application is made to:
- Family Proceedings Court (Magistrates’ Court), or
- Family Care Centre (County Court) or High Court.
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Family Proceedings Court (Magistrates' Court)
Applying for a Declaration of Parentage
To apply for a Declaration of Parentage in the Family Proceedings Court (Magistrates’ Court) in Northern Ireland, follow these steps:
1. Prepare the Application
Complete Form FL1 and draft a Supporting Statement.
Your supporting statement sets out the information, facts and sources to support your application. This should be signed and declared to be true.Obtain a copy of the birth certificate for the subject child(ren) (if available to the applicant).
Once the form and supporting statement have been completed and signed, these and a copy of birth certificate (if available) should be submitted to the court office of the Family Proceedings Court. This should be the office of the Magistrates' court where there are any proceedings involving the child(ren). If there are no proceedings, then this should be filed with the nearest Magistrates' court to where the child lives.
2. Wait for a hearing to be scheduled
Once the application is filed, the court will schedule a hearing to consider the application.3. The Office of the Attorney General is informed
When a person makes an application for a Declaration of Parentage to the Magistrates' Court, the Office of the Attorney General for Northern Ireland is informed as a notice party to the application. The Attorney General can intervene in the court proceedings where necessary. The court office will inform the Office of the Attorney General using Form FL3 together with a copy of the application and statement and copy of birth certificate of the subject child(ren).
The Attorney General will review the documents and decide whether to intervene in the proceedings. If the Attorney General decides to intervene, they must inform the court of this within 14 days of service of the application.
4. Serve the summons and application
The court will send the Applicant copies of a signed and completed court Form FL2 - Summons to Respondent. This form asks the respondent named in the application to appear in court on a specified date and time. The court will also provide the Applicant with Form FL4 - Acknowledgement of an Application. The Applicant must send (i.e. serve) the following to the Respondent at least 21 days prior to the date fixed for hearing the application:
- Summons - Form FL2
- Acknowledgement of an Application - Form FL4
- a copy of the application including Form FL1, Supporting Statement and copy of birth certificate (if available to the applicant) to the Respondent.
5. Attend the hearing
Be prepared to present your case and any supporting evidence at the hearing.
Responding to a Declaration of Parentage application
To respond to an application for a declaration of parentage in the Family Proceedings Court (Magistrates’ Court) in Northern Ireland, follow these steps:
1. Acknowledge Receipt
If you are named in a Declaration of Parentage application and receive a Summon, ensure you have received all relevant documents, including the Summons to Respondent (Form FL2), Acknowledgement of Application (Form FL4) and the application which incudes Form FL1 and the supporting Statement and a copy of the birth certificate of the child(ren) if available.
2. Prepare Your Response
You need to complete Form FL 4 – Acknowledgment of an Application document. This will include your name and address, any legal representation and position regarding the Declaration of Parentage application.
3. File Your Response
Submit your response to the court within 14 days of receipt.
4. Serve the Response
You will also have to send (i.e. serve) a copy of your response to the Applicant and any other parties involved in the case. This ensures that all parties are aware of your position and the evidence you are presenting.
5. Attend the Hearing
The court will schedule a hearing to consider the application and your response. Be prepared to present your case and any supporting evidence at the hearing.
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Family Care Centre (County Court) & High Court
Applying for a Declaration of Parentage
To apply for a Declaration of Parentage in the County Court or High Court in Northern Ireland, follow these steps:
1. Prepare the Petition
Your application must be commenced by petition. This petition should include the information required under Rule 3.24 of the Family Proceedings Rules 1996 which includes:
- Your full name, sex, date and place of birth, and residential address as the petitioner.
- If known, the full name, sex, date and place of birth, and residential address of the person whose parentage is in question.
- Any person who is acknowledged to be the father or mother of the person whose parentage is in question.
- The grounds, or reasons, for which the Declaration is applied, including any facts and information alleged to justify the making of the Declaration of Parentage.
- 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 in question or to the parenthood of the person whose parenthood is in question, and, if so, details of the proceedings, including the court, date proceedings commenced, names of the parties; and date of any hearing.
- Evidence to show that you as the petitioner is living in Northern Ireland at the time of the petition or that you have been habitually resident in Northern Ireland for a period of one year.
You should also attach to the petition a copy of the birth certificate of the person(s) whose parentage is in issue.
2. An Affidavit to support the petitionThe petition must be supported by an affidavit from you as the petitioner. This affidavit should verify the petition and provide details of any other person whose interests may be affected by the proceedings. There is a downloadable template for an affidavit and some information about how to prepare one in the section is section Preparing case documents.
3. Notify the Attorney General
A copy of the petition and all accompanying documents must be submitted to the Office of the Attorney General for Northern Ireland at least one month before submitting the petition to the court office. The Attorney General will review the documents and decide whether to intervene in the proceedings.
4. File the Petition
Once the notice period has passed, you can submit the petition to the relevant court office. The court will then serve notice of the petition to the Attorney General. If the Attorney General decides to intervene, they must enter an appearance within 14 days of service of the petition. Your solicitor (or you are a Litigant in Person) will be notified at the same time. If the Attorney General decides not to intervene, your solicitor (or you if you are a Litigant in Person) will also be notified.
5. Court Hearing
The court will schedule a hearing to consider the application and will send the parties notification of requirement to attend court.
Responding to an application for a Declaration of Parentage
To respond to an application for a Declaration of Parentage in the Family Care Centre (County Court) or High Court in Northern Ireland, follow these steps:
1. Acknowledge Receipt
Ensure you have received all relevant documents, including the petition, the supporting affidavit and any supporting statements. Complete any Acknowledgement of Service document within 14 days of receipt and send to the court, or give this to your solicitor. A copy of this will be sent to the applicant (petitioner) and any other parties involved in the case by the court.
2. Attend the Hearing
The court will schedule a hearing to consider the application. Be prepared to present your case and any supporting evidence at the hearing.