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The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

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Attendance at a directions appointment and a hearing

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6.—(1) The resident party must attend a directions appointment of which that party has been given notice, unless the justices’ clerk or the court directs otherwise.

(2) Where at the time and place appointed for a hearing or directions appointment the resident party does not appear, the justices’ clerk or the court must not proceed with the hearing or appointment unless—

(a)the proceedings relate to an application filed by the resident party; or

(b)the court is satisfied that the resident party has received reasonable notice of the hearing or appointment.

(3) Where at the time and place appointed for a hearing or directions appointment the non-resident party does not appear, the court may proceed with the hearing or appointment where the proceedings relate to an order or application sent by the Lord Chancellor to the court under the 1972 Act.

(4) Nothing in this Schedule is to be taken as preventing either party from appearing at any hearing or directions appointment.

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