Who must disclose what and when?

Family procedural law is not as clear as it might be over when ‘a person who is not a party to the proceedings’ (a non-party) can be compelled to produce documents and other information into family proceedings (eg the police, tax authorities, a doctor or accountant etc). The categories of circumstance in which a non-party can be required to produce documents are:

• An application to the court where statute permits (including as to the whereabouts of children) under Family Procedure Rules 2010 (FPR 2010) r 21.2;
• By witness summons to produce documents in court (FPR 2010 r 24.2(1)(b): formerly subpoena ad duces tecum); and
• By the Norwich Pharmacal procedure (explained below).

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