Article 14 Notice by person proposing to bring care etc. proceedings.

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 14(2) words substituted by Family Proceedings Courts (Matrimonial Proceedings etc.) 1991 Sch. 2 para. 7(4)(a)(i)
rule 14(2) words substituted by Family Proceedings Courts (Matrimonial Proceedings etc.) 1991 Sch. 2 para. 7(4)(a)(ii)
rule 14(3)(f) omitted by Family Proceedings Courts (Matrimonial Proceedings etc.) 1991 Sch. 2 para. 7(4)(b)
rule 14(4)(5) omitted by Family Proceedings Courts (Matrimonial Proceedings etc.) 1991 Sch. 2 para. 7(4)(c)
rule 14(3)(dd) inserted by Magistrates' Courts (Family Law Reform Act 1987) 1989 Sch. para. 29

(1)

An applicant proposing to bring proceedings shall send a notice to the clerk of the court specifying the grounds for the proceedings and the names and addresses of the persons to whom a copy of the notice is sent in pursuance of paragraph (2).

(2)

Without prejudice to section 2(3) and 34(2) of the Act of 1969 and regulations made under sections 21A and 39 of the Act of 1980, the applicant shall—

(a)

send to each of the persons mentioned in paragraph (3) a copy of the said notice, and

(b)

notify each of those persons of the date, time and place appointed for the hearing unless a summons is issued for the purpose of securing his attendance thereat.

(3)

The persons referred to in paragraph (2) are the following persons other than the person who is the applicant—

(a)

the relevant infant, unless it appears to the applicant inappropriate to notify him in pursuance of paragraph (2), having regard to his age and understanding;

(b)

the parent or guardian of the relevant infant if the whereabouts of such parent or guardian is known to the applicant or can readily be ascertained by him;

(c)

any grandparent of the relevant infant if the whereabouts of such grandparent is known to the applicant or can readily be ascertained by him;

(d)

any foster parent or other person with whom the relevant infant has had his home for a period of, or periods amounting in total to, not less than 42 days, ending not more than six months before the date of the application, if the whereabouts of such a person is known to the applicant or can readily be ascertained by him;

(e)

the appropriate local authority;

(f)

where the proceedings are care proceedings brought under section 1 of the Act of 1969 and notice thereof falls to be given to a probation officer in pursuance of section 34(2) of the Act of 1969, that probation officer, and

(g)

where the proceedings are for the variation or discharge of a supervision order which names a person other than the appropriate authority as the supervisor, that supervisor.

(4)

In the case of an application to which this paragraph applies there shall be sent with the copy of the notice required by paragraph (2) to be sent to the respondent a notice stating that he should inform the clerk of the court as soon as practicable and not later than 14 days after the receipt of the notice whether or not he intends to oppose the application.

(5)

Paragraph (4) applies to—

(a)

an application under section 15(1) of the Act of 1969 for the discharge of a relevant supervision order or a supervision order made under section 21(2) of that Act on the discharge of a relevant care order; and

(b)

an application under section 21(2) of that Act for the discharge of a relevant care order or a care order made under section 15(1) of that Act on the discharge of a relevant supervision order.

In this paragraph “relevant care order” means a care order made under section 1 of the Act of 1969 and “relevant supervision order” means a supervision order made under that section.