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The Family Procedure (Adoption) Rules 2005

S.I. 2005/2795 · Made 10 October 2005

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CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

Made 10th October 2005

Laid before Parliament 12th October 2005

Coming into force 30th December 2005

The Family Procedure Rule Committee makes the following Rules in exercise of the powers conferred by sections 75 and 76 of the Courts Act 2003f1, sections 52(7) and (8), 60(4), 90(1), 102, 109(2) and 141(1) and (3) of, and paragraphs 1(4), 4(4) and 6(2) of Schedule 1 to, the Adoption and Children Act 2002f2 and section 54(1) of the Access to Justice Act 1999f3.

In accordance with section 79 of the Courts Act 2003 the Committee has consulted with persons it considered appropriate.

These Rules may be cited as the Family Procedure (Adoption) Rules 2005.

Annotations to the whole text

Footnotes

f1

2003 c. 39.

f2

2002 c. 38. Section 102 was amended by section 40 of, and paragraphs 15 and 16 of Schedule 3 to, the Children Act 2004 (c. 31). Section 141(1) was amended, and section 141(2) was revoked, by section 109 of, paragraph 413 of Schedule 8, and Schedule 10, to the Courts Act 2003 (c. 39). Section 141(6) was inserted by section 62(6) of the Children Act 2004.

f3

1999 c. 22.

Contents

  1. Part 1: OVERRIDING OBJECTIVE
  2. 1The overriding objective
  3. 2Application by the court of the overriding objective
  4. 3Duty of the parties
  5. 4Court’s duty to manage cases
  6. Part 2: INTERPRETATION AND APPLICATION OF OTHER RULES
  7. 5Extent and application of other rules
  8. 6Interpretation
  9. 7Power to perform functions of the court
  10. 8Court’s discretion as to where it deals with cases
  11. 9Court documents
  12. 10Computation of time
  13. 11Dates for compliance to be calendar dates and to include time of day
  14. Part 3: GENERAL CASE MANAGEMENT POWERS
  15. 12The court’s general powers of management
  16. 13Exercise of powers of court’s own initiative
  17. 14Court officer’s power to refer to the court
  18. 15General power of the court to rectify matters where there has been an error of procedure
  19. 16Power of the court to make civil restraint orders
  20. Part 4: HOW TO START PROCEEDINGS
  21. 17Forms
  22. 18Documents to be attached to the application form
  23. 19How to start proceedings
  24. 20Application for a serial number
  25. 21Personal details
  26. Part 5: PROCEDURE FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
  27. 22Application of this Part
  28. 23Who the parties are
  29. 24What the court or a court officer will do when the application has been issued
  30. 25Date for first directions hearing
  31. 26The first directions hearing
  32. 27Requesting the court to dispense with the consent of any parent or guardian
  33. 28Consent
  34. 29Reports by the adoption agency or local authority
  35. 30Health reports
  36. 31Notice of final hearing
  37. 32The final hearing
  38. 33Proof of identity of the child
  39. Part 6: SERVICE
  40. GENERAL RULES ABOUT SERVICE
  41. 34Scope of this Part
  42. 35Methods of service
  43. 36Who is to serve
  44. 37Service of documents on children and patients
  45. 38Deemed service
  46. 39Power of court to dispense with service
  47. 40Certificate of service
  48. 41Notice of non-service
  49. SERVICE OUT OF THE JURISDICTION
  50. 42Scope and definitions
  51. 43Service of documents
  52. 44Method of service – general provisions
  53. 45Service through foreign governments, judicial authorities and British Consular authorities
  54. 46Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
  55. 47Service in accordance with the Service Regulation
  56. 48Undertaking to be responsible for expenses of the Foreign and Commonwealth Office
  57. Part 7: LITIGATION FRIEND, CHILDREN'S GUARDIAN, REPORTING OFFICER AND CHILDREN AND FAMILY REPORTER
  58. LITIGATION FRIEND
  59. 49Application of this Section
  60. 50Requirement for litigation friend in proceedings
  61. 51Circumstances in which the non-subject child does not need a litigation friend
  62. 52Stage of proceedings at which a litigation friend becomes necessary
  63. 53Who may be a litigation friend for a patient without a court order
  64. 54How a person becomes a litigation friend without a court order
  65. 55How a person becomes a litigation friend by court order
  66. 56Court’s power to change litigation friend and to prevent person acting as litigation friend
  67. 57Appointment of litigation friend by court order – supplementary
  68. 58Procedure where appointment of litigation friend comes to an end
  69. CHILDREN'S GUARDIAN
  70. 59Appointment of children’s guardian
  71. 60What the court or a court officer will do once the court has made a decision about appointing a children’s guardian
  72. 61Termination of the appointment of the children’s guardian
  73. 62Powers and duties of the children’s guardian
  74. 63How the children’s guardian exercises his duties – investigations and appointment of solicitor
  75. 64Where the child instructs a solicitor or conducts proceedings on his own behalf
  76. 65How the children’s guardian exercises his duties – attendance at court, advice to the court and reports
  77. 66How the children’s guardian exercises his duties – service of documents and inspection of records
  78. 67How the children’s guardian exercises his duties – communication of a court’s decision to the child
  79. 68Solicitor for child
  80. REPORTING OFFICER
  81. 69When the court appoints a reporting officer
  82. 70Appointment of the same reporting officer in respect of two or more parents or guardians
  83. 71The duties of the reporting officer
  84. 72How the reporting officer exercises his duties
  85. CHILDREN AND FAMILY REPORTER
  86. 73Request by court for a welfare report in respect of the child
  87. 74How the children and family reporter exercises his powers and duties
  88. WHO CAN ACT AS CHILDREN'S GUARDIAN, REPORTING OFFICER AND CHILDREN AND FAMILY REPORTER
  89. 75Persons who may not be appointed as children’s guardian, reporting officer or children and family reporter
  90. 76Appointment of the same person as children’s guardian, reporting officer and children and family reporter
  91. Part 8: DOCUMENTS AND DISCLOSURE OF DOCUMENTS AND INFORMATION
  92. 77Confidential reports to the court and disclosure to the parties
  93. 78Communication of information relating to proceedings
  94. 79Orders for disclosure against a person not a party
  95. 80Rules not to limit other powers of the court to order disclosure
  96. 81Claim to withhold inspection or disclosure of a document
  97. 82Custody of documents
  98. 83Inspection and copies of documents
  99. 84Disclosing information to an adopted adult
  100. 85Translation of documents
  101. Part 9: PROCEDURE FOR OTHER APPLICATIONS IN PROCEEDINGS
  102. 86Types of application for which Part 9 procedure may be followed
  103. 87Application notice to be filed
  104. 88Notice of an application
  105. 89Time when an application is made
  106. 90What an application notice must include
  107. 91Service of a copy of an application notice
  108. 92Applications which may be dealt with without a hearing
  109. 93Service of application where application made without notice
  110. 94Application to set aside or vary order made without notice
  111. 95Power of the court to proceed in the absence of a party
  112. 96Dismissal of totally without merit applications
  113. Part 10: ALTERNATIVE PROCEDURE FOR APPLICATIONS
  114. 97Types of application for which Part 10 procedure may be followed
  115. 98Contents of the application
  116. 99Issue of application without naming respondents
  117. 100Acknowledgement of service
  118. 101Consequence of not filing an acknowledgement of service
  119. 102Filing and serving written evidence
  120. 103Evidence – general
  121. 104Procedure where respondent objects to use of the Part 10 procedure
  122. 105Applications under section 60(3) and 79(4) or rule 108
  123. Part 11: MISCELLANEOUS
  124. 106Withdrawal of application
  125. 107Application for recovery orders
  126. 108Inherent jurisdiction and fathers without parental responsibility
  127. 109Timing of applications for section 89 order
  128. 110Costs
  129. 111Orders
  130. 112Copies of orders
  131. 113Amendment and revocation of orders
  132. 114Keeping of registers
  133. Part 12: DISPUTING THE COURT'S JURISDICTION
  134. 115Procedure for disputing the court’s jurisdiction
  135. Part 13: HUMAN RIGHTS
  136. 116Human Rights Act 1998
  137. Part 14: INTERIM INJUNCTIONS
  138. 117Scope of this Part
  139. 118Order for interim injunction
  140. 119Time when an order for an interim injunction may be made
  141. 120How to apply for an interim injunction
  142. 121Interim injunction to cease if application is stayed
  143. Part 15: ADMISSIONS AND EVIDENCE
  144. 122Making an admission
  145. 123Power of court to control evidence
  146. 124Evidence of witnesses – general rule
  147. 125Evidence by video link or other means
  148. 126Service of witness statements for use at final hearing
  149. 127Use at final hearing of witness statements which have been served
  150. 128Evidence in proceedings other than at final hearing
  151. 129Order for cross-examination
  152. 130Form of witness statement
  153. 131Witness summaries
  154. 132Cross-examination on a witness statement
  155. 133False statements
  156. 134Affidavit evidence
  157. 135Form of affidavit
  158. 136Affidavit made outside the jurisdiction
  159. 137Notarial acts and instruments
  160. 138Use of plans, photographs and models as evidence
  161. 139Evidence of finding on question of foreign law
  162. Part 16: WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS
  163. WITNESSES AND DEPOSITIONS
  164. 140Scope of this Section
  165. 141Witness summonses
  166. 142Issue of a witness summons
  167. 143Time for serving a witness summons
  168. 144Who is to serve a witness summons
  169. 145Right of witness to travelling expenses and compensation for loss of time
  170. 146Evidence by deposition
  171. 147Conduct of examination
  172. 148Enforcing attendance of witness
  173. 149Use of deposition at a hearing
  174. 150Where a person to be examined is out of the jurisdiction – letter of request
  175. 151Fees and expenses of examiner of the court
  176. TAKING OF EVIDENCE – MEMBER STATES OF THE EUROPEAN UNION
  177. 152Interpretation
  178. 153Where a person to be examined is in another Regulation State
  179. Part 17: EXPERTS
  180. 154Duty to restrict expert evidence
  181. 155Interpretation
  182. 156Experts – overriding duty to the court
  183. 157Court’s power to restrict expert evidence
  184. 158General requirement for expert evidence to be given in a written report
  185. 159Written questions to experts
  186. 160Court’s power to direct that evidence is to be given by a single joint expert
  187. 161Instructions to a single joint expert
  188. 162Power of court to direct a party to provide information
  189. 163Contents of report
  190. 164Use by one party of expert’s report disclosed by another
  191. 165Discussions between experts
  192. 166Consequence of failure to disclose expert’s report
  193. 167Expert’s right to ask court for directions
  194. Part 18: CHANGE OF SOLICITOR
  195. 168Change of solicitor – duty to give notice
  196. 169Order that a solicitor has ceased to act
  197. 170Removal of solicitor who has ceased to act on application of another party
  198. Part 19: APPEALS
  199. 171Scope and interpretation
  200. 172Parties to comply with the practice direction
  201. 173Permission
  202. 174Appellant’s notice
  203. 175Respondent’s notice
  204. 176Variation of time
  205. 177Stay
  206. 178Amendment of appeal notice
  207. 179Striking out appeal notices and setting aside or imposing conditions on permission to appeal
  208. 180Appeal court’s powers
  209. 181Hearing of appeals
  210. 182Assignment of appeals to the Court of Appeal
  211. 183Reopening of final appeals
  212. Signature
  213. Explanatory note