If you engaged in a flurry of learning about part IV of the Family Law Act 1996 last year, and then sank back exhausted thinking it was a long way off, it is time to wake up again.

The commencement date for part IV is 1 October -- only nine weeks away -- and the rules governing procedure will soon be published in the shape of new Family Proceedings Rules (FPR) rr 3.8 et seq, to be brought about by the FPR (Amendment No 3) 1997.These will apply to all applications issued after the commencement date, in all levels of court.

So it is back to the midnight oil and to our crystal ball as to what the rules will provide.Where do you issue the proceedings? At one stage it was feared that all applications might have to start in a magistrates' court, but this now seems to have been resolved.

If the recommendations of a consultation paper are followed, there is to be an allocation order to give a completely free choice between county court and magistrates' court.What form do you use? There is one common form (FL401) to be used in all cases, whether free-standing or made in existing proceedings, and whatever the part IV remedy to be applied for.

The original draft form was pretty horrendous, but, in this writer's opinion, the final version is much improved.

It looks like a Children Act form, and will take about as long to complete.The main problem is the applicant has to show in what way she or he is associated with the respondent (eg the parties are or were married, have co-habited, are related and so on) the notes with the form are a mini-text book on part IV, but the form is at least clear.When the proceedings are issued, the applicant must also file a sworn statement in support.If the application is made ex parte, the statement must explain why this is necessary.The court has the power to abridge the time for service, which should only enable the court to deal with the most urgent cases ex parte (remember G v G (Ouster: ex parte application) [1990] 1 FLR 395 CA.

Ex parte applications should really only be a last resort, where it is impossible to give 'informal' notice, eg a telephone call, to the respondent; it has to be said that this direction is honoured more in the breach than the observance at present.)When time is not abridged, Form FL401 and the statement in support must be served personally on the respondent giving two clear days notice.

An applicant acting in person may ask the court to effect service; otherwise, by implication, the applicant effects service.

The court may order substituted service.Where the application is for an occupation order, a copy of the application (but not the statement in support) must be served by the applicant on any mortgagee or landlord by first class post, accompanied by Form FL416 which tells him or her of the right to make representations.Having issued and served, the applicant now proceeds to the hearing, which is in chambers unless the court otherwise directs.

The Act itself provides that applications may be heard by the judge or district judge in a county court, or by magistrates.

When an order is made ex parte, the order with the form FL401 and the statement in support must be served personally on the respondent.

Likewise, any order made after hearing inter partes must be served personally.

Mortgagees and landlords may be served by first class post.

The court is under a duty to keep a record of hearings, much as at present.

There is nothing in the FPR about this, but do not forget CCR ord 13 r 6(6); the applicant's solicitor must prepare a draft injunction and hand it in at the beginning of the hearing.There is a different form (FL403) for applications to vary, extend, or discharge an order, but otherwise the procedure set out above applies.Where the application is for an occupation order under ss 33, 35 or 36 (one or other party or both entitled to occupy), or for a transfer of tenancy, rr 2.62(4) to (6) and 2.63 FPR apply.

These empower the court to order, for example, further information to be supplied, as in an application for ancillary relief.The Family Law Act amended the Children Act 1989 by giving the court power to make an ouster order (known as an exclusion order) against a suspected abuser.

Such an order is included in an interim care order or emergency protection order, and the procedure is governed by a new r 4.24A.It is envisaged that the order will be made without any notice to the person whose exclusion is sought, probably at the first hearing or at a directions appointment.

The applicant, normally a local authority, must then prepare a separate statement of the evidence in support of the application for the exclusion requirement, serve it on the person to be excluded, together with a copy of the order, and inform that person of the right to apply to vary or discharge the exclusion requirement.It is then for the excluded person to apply to vary, presumably on FL403.clusion requirement.It is then for the excluded person to apply