Practice Guidance: Urgent applications, out of hours applications and bundles in the Family Division of the High Court

FamilyFamily DivisionPresident of the Family DivisionPractice Guidance

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Urgent Applications

Applicants are reminded that:

  1. This list is exclusively reserved for cases where the circumstances are truly
    urgent and the welfare of the child(ren) requires an immediate hearing.
  2. All hearings are to be in person, save where, in exceptional circumstances, a
    judge of the Family Division has approved remote attendance by one or more
    parties.
  3. All cases shall be ready to be called on at 10.30am, save where a judge of the
    Division has approved listing the matter at another time.
  4. All applications must be made on notice (including short notice) to the other
    party/parties unless there are compelling and cogent reasons why the
    application must be made without notice to the other party or to one or more
    of the other parties.
    Out of Hours Applications
    Applicants must only seek an OOH hearing before a judge of the Family Division
    where:
  5. The application could not reasonably have been made during the usual court
    hours and is of such urgency that it requires determination before a court
    sitting on the next working day.
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  6. The matter relates to (i) the exercise of the inherent jurisdiction of the High
    Court, (ii) the exercise of a power reserved to a tier 4 judge in the Family
    Court, or (iii) the exercise of a power reserved to a tier 3 judge in the Court of
    Protection.
  7. All applications must be made on notice (including short notice) to the other
    party/parties unless there are compelling and cogent reasons why the
    application must be made without notice to the other party or to one or more
    of the parties.
    Bundles
  8. Please note that court bundles must be received two days before the hearing.

Sir Andrew McFarlane
President of the Family Division

10 May 2024

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