Where documents in family proceedings are to be served on a party in an EU Member State (under the EU Service Regulation or otherwise), what is the procedure to be followed?

The rules about the service of application forms/notices and other documents in family proceedings outside of the jurisdiction of England and Wales, and the procedure for service, are contained in Chapter 4 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 6 (FPR 2010, SI 2010/2955, 6.40–6.48). This is supplemented by FPR 2010, PD 6B.

When service is to be effected in another member State of the EU, Regulation (EC) 1393/2007, the Service Regulation applies. Alternative methods of service outside the UK are service through foreign government, judicial authorities and British Consular authorities (covered by FPR 2010, SI 2010/2955, 6.45) or by a method permitted by the law of the country in which the respondent is to be served. For the purposes of this Q&A, however, the focus will be on service under