Article 107 Application for recovery orders

(1)

An application for any of the orders referred to in section 41(2) (recovery orders) may—

(a)

in the High Court or a county court, be made without notice in which case the applicant must file the application—

(i)

where the application is made by telephone, the next business day after the making of the application; or

(ii)

in any other case, at the time when the application is made; and

(b)

in a magistrates' court, be made, with the permission of the court, without notice in which case the applicant must file the application at the time when the application is made or as directed by the court.

(2)

Where the court refuses to make an order on an application without notice it may direct that the application is made on notice in which case the application will proceed in accordance with Part 5.

(3)

The respondents to an application under this rule are—

(a)

in a case where—

(i)

placement proceedings;

(ii)

adoption proceedings; or

(iii)

proceedings for a section 84 order

are pending, all parties to those proceedings;

(b)

any adoption agency authorised to place the child for adoption or which has placed the child for adoption;

(c)

any local authority to whom notice under section 44 (notice of intention to adopt or apply for a section 84 order) has been given;

(d)

any person having parental responsibility for the child;

(e)

any person in whose favour there is provision for contact;

(f)

any person who was caring for the child immediately prior to the making of the application; and

(g)

any person whom the applicant alleges to have effected or to have been or to be responsible for taking or keeping the child.