Rule 12.29 Notification of consent

(1)

Consent for the purposes of the following provisions of the 1989 Act—

(a)

section 16(3) M1;

(b)

section 38A(2)(b)(ii) or 44A(2)(b)(ii); or

(c)

paragraph 19(3)(c) or (d) of Schedule 2,

must be given either—

(i)

orally to the court; or

(ii)

in writing to the court signed by the person giving consent.

(2)

Any written consent for the purposes of section 38A(2) or 44A(2) of the 1989 Act must include a statement that the person giving consent—

(a)

is able and willing to give to the child the care which it would be reasonable to expect a parent to give; and

(b)

understands that the giving of consent could lead to the exclusion of the relevant person from the dwelling-house in which the child lives.

Annotations

M1: Paragraph (a) was repealed by sections 6(1), (2), 15(2) of and Schedule 3 to the Children and Adoption Act 2006.

F1: Words in Pt. 12 heading substituted (31.1.2013) by The Family Procedure (Amendment) (No.5) Rules 2012 (S.I. 2012/3061), rules 1, 5(a)