The Family Procedure Rules 2010

Children's guardian, solicitor and reports under section 7 of the 1989 Act

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Within a day of the issue of Part 4 proceedings or the transfer of Part 4 Proceedings to the court and as soon as practicable after the issue of other proceedings or the transfer of the other proceedings to the court, the court will—

• (a) in specified proceedings, appoint a children's guardian under rule 16.3(1) unless—

• (i) such an appointment has already been made by the court which made the transfer and is subsisting; or

• (ii) the court considers that such an appointment is not necessary to safeguard the interests of the child;

• (b) where section 41(3) of the 1989 Act applies, consider whether a solicitor should be appointed to represent the child, and if so, appoint a solicitor accordingly;

• (c) consider whether to ask an officer of the service or a Welsh family proceedings officer for advice relating to the welfare of the child;

• (d) consider whether a report relating to the welfare of the child is required, and if so, request such a report in accordance with section 7 of the 1989 Act.

What a court officer will do

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• (1) As soon as practicable after the issue of proceedings the court officer will return to the applicant the copies of the application together with the forms referred to in Practice Direction 5A.

• (2) As soon as practicable after the issue of proceedings or the transfer of proceedings to the court or at any other stage in the proceedings the court officer will—

• (a) give notice of any hearing set by the court to the applicant; and

• (b) do anything else set out in Practice Directions 12A or 12B or any other practice direction.

Service of the application

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• (1) After the issue of proceedings under this Part, the documents specified in paragraph (5) must be served on the respondent or respondents.

• (2) In section 8 private law proceedings, subject to rule 6.23A, service under paragraph (1) will be effected by the court officer, unless—

• (a) the applicant requests to do so; or

• (b) the court directs the applicant to do so.

• (3) In this Rule, “section 8 private law proceedings” are proceedings for a section 8 order except proceedings for a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority.

• (4) In any other proceedings to which this Part applies, subject to rule 6.23A, service under paragraph (1) must be effected by the applicant.

• (5) The documents are—

• (a) the application together with the documents referred to in Practice Direction 12C; and

• (b) notice of any hearing set by the court.

• (6) Service under this rule must be carried out in accordance with Practice Direction 12C.

• (7) The general rules about service in Part 6 apply but are subject to this rule.

(Practice Direction 12C (Service of Application in Children Proceedings) provides that in Part 4 proceedings (except proceedings for an interim order) the minimum number of days prior to the Case Management Hearing for service of the application and accompanying documents is 7 days. The Court has discretion to extend or shorten this time (see rule 4.1(3)(a)).

Request for transfer from magistrates' court to county court or to another magistrates' court

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Procedure following refusal of magistrates' court to order transfer

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Transfer of proceedings from one court to another court

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Directions

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• (1) This rule does not apply to proceedings under Chapter 6 of this Part.

• (2) At any stage in the proceedings, the court may give directions about the conduct of the proceedings including—

• (a) the management of the case;

• (b) the timetable for steps to be taken between the giving of directions and the final hearing;

• (c) the joining of a child or other person as a party to the proceedings in accordance with rules 12.3(2) and (3);

• (d) the attendance of the child;

• (e) the appointment of a children's guardian or of a solicitor under section 41(3) of the 1989 Act;

• (f) the appointment of a litigation friend;

• (g) the service of documents;

• (h) the filing of evidence including experts' reports; and

• (i) the exercise by an officer of the Service, Welsh family proceedings officer or local authority officer of any duty referred to in rule 16.38(1)

• (3) Paragraph (4) applies where—

• (a) an officer of the Service or a Welsh family proceedings officer has filed a report or a risk assessment as a result of exercising a duty referred to in rule 16.38(1)(a); or

• (b) a local authority officer has filed a report as a result of exercising a duty referred to in rule 16.38(1)(b).

• (4) The court may—

• (a) give directions setting a date for a hearing at which that report or risk assessment will be considered; and

• (b) direct that the officer who prepared the report or risk assessment attend any such hearing.

• (5) The court may exercise the powers in paragraphs (2) and (4) on an application or of its own initiative.

• (6) Where the court proposes to exercise its powers of its own initiative the procedure set out in rule 4.3(2) to (6) applies.

• (7) Directions of a court which are still in force immediately prior to the transfer of proceedings to another court will continue to apply following the transfer subject to—

• (a) any changes of terminology which are required to apply those directions to the court to which the proceedings are transferred; and

• (b) any variation or revocation of the direction.

• (8) The court or court officer will—

• (a) take a note of the giving, variation or revocation of a direction under this rule; and

• (b) as soon as practicable serve a copy of the note on every party.

(Rule 12.48 provides for directions in proceedings under the 1980 Hague Convention and the European Convention.)

Setting dates for hearings and setting or confirming the timetable and date for the final hearing

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• (1) At the—

• (a) transfer to a court of proceedings;

• (b) postponement or adjournment of any hearing; or

• (c) conclusion of any hearing at which the proceedings are not finally determined,

the court will set a date for the proceedings to come before the court again for the purposes of giving directions or for such other purposes as the court directs.

• (2) At any hearing the court may—

• (a) confirm a date for the final hearing or the week within which the final hearing is to begin (where a date or period for the final hearing has already been set);

• (b) set a timetable for the final hearing unless a timetable has already been fixed, or the court considers that it would be inappropriate to do so; or

• (c) set a date for the final hearing or a period within which the final hearing of the application is to take place.

• (3) The court officer will notify the parties of—

• (a) the date of a hearing fixed in accordance with paragraph (1);

• (b) the timetable for the final hearing; and

• (c) the date of the final hearing or the period in which it will take place.

• (4) Where the date referred to in paragraph (1) is set at the transfer of proceedings, the date will be as soon as possible after the transfer.

• (5) The requirement in paragraph (1) to set a date for the proceedings to come before the court again is satisfied by the court setting or confirming a date for the final hearing.

Attendance at hearings

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• (1) This rule does not apply to proceedings under Chapter 6 of this Part except for proceedings for a declaration under rule 12.71.

• (2) Unless the court directs otherwise and subject to paragraph (3), the persons who must attend a hearing are—

• (a) any party to the proceedings;

• (b) any litigation friend for any party or legal representative instructed to act on that party's behalf; and

• (c) any other person directed by the court or required by Practice Directions 12A or 12B or any other practice direction to attend.

(Practice Direction 27C makes provision for the attendance at hearings of Independent Domestic Violence Advisers and Independent Sexual Violence Advisers.)

• (3) Proceedings or any part of them will take place in the absence of a child who is a party to the proceedings if—

• (a) the court considers it in the interests of the child, having regard to the matters to be discussed or the evidence likely to be given; and

• (b) the child is represented by a children's guardian or solicitor.

• (4) When considering the interests of the child under paragraph (3) the court will give—

• (a) the children's guardian;

• (b) the solicitor for the child; and

• (c) the child, if of sufficient understanding,

an opportunity to make representations.

• (5) Subject to paragraph (6), where at the time and place appointed for a hearing, the applicant appears but one or more of the respondents do not, the court may proceed with the hearing.

• (6) The court will not begin to hear an application in the absence of a respondent unless the court is satisfied that—

• (a) the respondent received reasonable notice of the date of the hearing; or

• (b) the circumstances of the case justify proceeding with the hearing.

• (7) Where, at the time and place appointed for a hearing one or more of the respondents appear but the applicant does not, the court may—

• (a) refuse the application; or

• (b) if sufficient evidence has previously been received, proceed in the absence of the applicant.

• (8) Where at the time and place appointed for a hearing neither the applicant nor any respondent appears, the court may refuse the application.

• (9) Paragraphs (5) to (8) do not apply to a hearing where the court—

• (a) is considering—

• (i) whether to make an activity direction or to attach an activity condition to a child arrangements order; or

• (ii) an application for a financial compensation order, an enforcement order or an order under paragraph 9 of Schedule A1 to the 1989 Act following a breach of an enforcement order; and

• (b) has yet to obtain sufficient evidence from, or in relation to, the person who may be the subject of the direction, condition or order to enable it to determine the matter.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

( ...)

Steps taken by the parties

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If—

• (a) the parties or any children's guardian agree proposals for the management of the proceedings (including a proposed date for the final hearing or a period within which the final hearing is to take place); and

• (b) the court considers that the proposals are suitable,

it may approve them without a hearing and give directions in the terms proposed.

(Practice Direction 12A gives guidance as to the application of this rule to Part 4 proceedings in the light of the period that is for the time being allowed under section 32(1)(a)(ii) of the 1989 Act)

Applications without notice

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• (1) This rule applies to—

• (a) proceedings for a section 8 order;

• (b) emergency proceedings; and

• (c) proceedings relating to the exercise of the court's inherent jurisdiction (other than an application for the court's permission to start such proceedings and proceedings for collection, location and passport orders where Chapter 6 applies).

• (2) An application in proceedings referred to in paragraph (1) may ... be made without notice in which case the applicant must file the application—

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

• (b) in any other case, at the time when the application is made.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Where—

• (a) a section 8 order;

• (b) an emergency protection order;

• (c) an order for the disclosure of information as to the whereabouts of a child under section 33 of the 1986 Act; or

• (d) an order authorising the taking charge of and delivery of a child under section 34 of the 1986 Act,

is made without notice, the applicant must serve a copy of the application on each respondent within 48 hours after the order is made.

• (5) Within 48 hours after the making of an order without notice, the applicant must serve a copy of the order on—

• (a) the parties, unless the court directs otherwise;

• (b) any person who has actual care of the child or who had such care immediately prior to the making of the order; and

• (c) in the case of an emergency protection order and a recovery order, the local authority in whose area the child lives or is found.

• (6) 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 rules 12.13 to 12.15.

• (7) Where the hearing takes place outside the hours during which the court office is normally open, the court or court officer will take a note of the proceedings. (Practice Direction 12E (Urgent Business) provides further details of the procedure for out of hours applications. See also Practice Direction 12D (Inherent Jurisdiction (including Wardship Proceedings).) (Rule 12.47 provides for without-notice applications in proceedings under Chapter 6, section 1 of this Part, (proceedings under the 1980 Hague Convention and the European Convention).)

Investigation under section 37 of the 1989 Act

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• (1) This rule applies where a direction is given to an appropriate authority by the court under section 37(1) of the 1989 Act.

• (2) On giving the direction the court may adjourn the proceedings.

• (3) As soon as practicable after the direction is given the court will record the direction.

• (4) As soon as practicable after the direction is given the court officer will—

• (a) serve the direction on—

• (i) the parties to the proceedings in which the direction is given; and

• (ii) the appropriate authority where it is not a party;

• (b) serve any documentary evidence directed by the court on the appropriate authority.

• (5) Where a local authority informs the court of any of the matters set out in section 37(3)(a) to (c) of the 1989 Act it will do so in writing.

• (6) Unless the court directs otherwise, the court officer will serve a copy of any report to the court under section 37 of the 1989 Act on the parties. (Section 37 of the 1989 Act refers to the appropriate authority and section 37(5) of that Act sets out which authority should be named in a particular case.)

Disclosure of a report under section 14A(8) or (9) of the 1989 Act

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• (1) In proceedings for a special guardianship order, the local authority must file the report under section 14A(8) or (9) of the 1989 Act within the timetable fixed by the court.

• (2) The court will consider whether to give a direction that the report under section 14A(8) or (9) of the 1989 Act be disclosed to each party to the proceedings.

• (3) Before giving a direction for the report to be disclosed, the court must consider whether any information should be deleted from the report.

• (4) The court may direct that the report must not be disclosed to a party.

• (5) The court officer must serve a copy of the report in accordance with any direction under paragraph (2).

• (6) In paragraph (3), information includes information which a party has declined to reveal under rule 29.1(1).

Additional evidence

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• (1) This rule applies to proceedings for a section 8 order or a special guardianship order.

• (2) Unless the court directs otherwise, a party must not—

• (a) file or serve any document other than in accordance with these rules or any practice direction;

• (b) in completing a form prescribed by these rules or any practice direction, give information or make a statement which is not required or authorised by that form; or

• (c) file or serve at a hearing—

• (i) any witness statement of the substance of the oral evidence which the party intends to adduce; or

• (ii) any copy of any document (including any experts' report) which the party intends to rely on.

• (3) Where a party fails to comply with the requirements of this rule in relation to any witness statement or other document, the party cannot seek to rely on that statement or other document unless the court directs otherwise.

Expert evidence-examination of child

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Hearings

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• (1) The court may give directions about the order of speeches and the evidence at a hearing.

• (2) Subject to any directions given under paragraph (1), the parties and the children's guardian must adduce their evidence at a hearing in the following order—

• (a) the applicant;

• (b) any party with parental responsibility for the child;

• (c) other respondents;

• (d) the children's guardian;

• (e) the child, if the child is a party to proceedings and there is no children's guardian.

CHAPTER 3 — SPECIAL PROVISIONS ABOUT PUBLIC LAW PROCEEDINGS

Application of rules 12.23 to 12.26

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In public law proceedings other than Part 4 proceedings, in so far as practicable the court will draw up the timetable for the proceedings or revise that timetable with a view to disposing of the application without delay and in any event within 26 weeks beginning with the date on which the application is issued.

(In relation to Part 4 proceedings, section 32(1)(a) of the 1989 Act requires the court to draw up a timetable with a view to disposing of the application without delay and in any event within 26 weeks beginning with the day on which the application is issued.)

Timetable for the Child

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Rules 12.24 to 12.26C apply to Part 4 proceedings and in so far as practicable other public law proceedings.

Directions

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The court will direct the parties to—

• (a) monitor compliance with the court's directions; and

• (b) tell the court or court officer about—

• (i) any failure to comply with a direction of the court; and

• (ii) any other delay in the proceedings.

First Appointment, Case Management Conference and Issues Resolution Hearing

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• (1) The court will conduct the Case Management Hearing with the objective of—

• (a) confirming the level of judge to which the proceedings have been allocated;

• (b) drawing up a timetable for the proceedings including the time within which the proceedings are to be resolved;

• (c) identifying the issues; and

• (d) giving directions in accordance with rule 12.12 and Practice Direction 12A to manage the proceedings.

• (2) The court may hold a further Case Management Hearing only where this hearing is necessary to fulfil the objectives of the Case Management Hearing set out in paragraph (1).

• (3) The court will conduct the Issues Resolution Hearing with the objective of—

• (a) identifying the remaining issues in the proceedings;

• (b) as far as possible resolving or narrowing those issues; and

• (c) giving directions to manage the proceedings to the final hearing in accordance with rule 12.12 and Practice Direction 12A.

• (4) Where it is possible for all the issues in the proceedings to be resolved at the Issues Resolution Hearing, the court may treat the Issues Resolution Hearing as a final hearing and make orders disposing of the proceedings.

• (5) The court may set a date for the Case Management Hearing, a further Case Management Hearing and the Issues Resolution Hearing at the times referred to in Practice Direction 12A.

• (6) The matters which the court will consider at the hearings referred to in this rule are set out in Practice Direction 12A.

(Rule 25.6 (experts: when to apply for the court’s permission) provides that unless the court directs otherwise, parties must apply for the court’s permission as mentioned in section 13(1), (3) and (5) of the 2014 Act as soon as possible and in Part 4 proceedings and in so far as practicable other public law proceedings no later than the Case Management Hearing.)

Discussion between advocates

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• (1) When setting a date for the Case Management Hearing or the Issues Resolution Hearing the court will direct a discussion between the parties’ advocates to—

• (a) discuss the provisions of a draft of the Case Management Order; and

• (b) consider any other matter set out in Practice Direction 12A.

• (2) Where there is a litigant in person the court will give directions about how that person may take part in the discussions between the parties’ advocates.

• (3) Unless the court directs otherwise—

• (a) any discussion between advocates must take place no later than 2 days before the Case Management Hearing; and

• (b) a draft of the Case Management Order must be filed with the court no later than 11a.m. on the day before the Case Management Hearing.

• (4) Unless the court directs otherwise—

• (a) any discussion between advocates must take place no later than 7 days before the Issues Resolution Hearing; and

• (b) a draft of the Case Management Order must be filed with the court no later than 11a.m. on the day before the Issues Resolution Hearing.

• (5) For the purposes of this rule “advocate” includes a litigant in person.

Matters prescribed for the purposes of the Act

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• (1) Proceedings for an order under any of the following provisions of the 1989 Act—

• (a) a secure accommodation order under section 25;

• (b) an order giving permission to change a child's surname or remove a child from the United Kingdom under section 33(7);

• (c) an order permitting the local authority to arrange for any child in its care to live outside England and Wales under paragraph 19(1) of Schedule 2;

• (d) the extension or further extension of a supervision order under paragraph 6(3) of Schedule 3;

• (e) appeals against the determination of proceedings of a kind set out in sub-paragraphs (a) to (d);

are specified for the purposes of section 41 of that Act in accordance with section 41(6)(i) of that Act.

• (2) The persons listed as applicants in the table set out in rule 12.3 to proceedings for the variation of directions made with interim care or interim supervision orders under section 38(8)of the 1989 Act are the prescribed class of persons for the purposes of that section.

• (3) The persons listed as applicants in the table set out in rule 12.3 to proceedings for the variation of a direction made under section 44(6) of the 1989 Act in an emergency protection order are the prescribed class of persons for the purposes of section 44(9) of that Act.

Exclusion requirements: interim care orders and emergency protection orders

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• (1) This rule applies where the court includes an exclusion requirement in an interim care order or an emergency protection order.

• (2) The applicant for an interim care order or emergency protection order must—

• (a) prepare a separate statement of the evidence in support of the application for an exclusion requirement;

• (b) serve the statement personally on the relevant person with a copy of the order containing the exclusion requirement (and of any power of arrest which is attached to it);

• (c) inform the relevant person of that person's right to apply to vary or discharge the exclusion requirement.

• (3) Where a power of arrest is attached to an exclusion requirement in an interim care order or an emergency protection order, the applicant will deliver—

• (a) a copy of the order; and

• (b) a statement showing that the relevant person has been served with the order or informed of its terms (whether by being present when the order was made or by telephone or otherwise),

to the officer for the time being in charge of the police station for the area in which the dwelling-house in which the child lives is situated (or such other police station as the court may specify).

• (4) Rules 10.6(2) and 10.10 to 10.17 will apply, with the necessary modifications, for the service, variation, discharge and enforcement of any exclusion requirement to which a power of arrest is attached as they apply to an order made on an application under Part 4 of the 1996 Act.

• (5) The relevant person must serve the parties to the proceedings with any application which that person makes for the variation or discharge of the exclusion requirement.

• (6) Where an exclusion requirement ceases to have effect whether—

• (a) as a result of the removal of a child under section 38A(10) or 44A(10) of the 1989 Act ;

• (b) because of the discharge of the interim care order or emergency protection order; or

• (c) otherwise,

the applicant must inform—

• (i) the relevant person;

• (ii) the parties to the proceedings;

• (iii) any officer to whom a copy of the order was delivered under paragraph (3); and

• (iv) (where necessary) the court.

• (7) Where the court includes an exclusion requirement in an interim care order or an emergency protection order of its own motion, paragraph (2) will apply with the omission of any reference to the statement of the evidence.

• (8) In this rule, “the relevant person” has the meaning assigned to it by sections 38A(2) and 44A(2) of the 1989 Act.

Notification of consent

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• (1) Consent for the purposes of the following provisions of the 1989 Act—

• (a) section 16(3) ;

• (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.

Proceedings for secure accommodation orders: copies of reports

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In proceedings under section 25 of the 1989 Act, the court will, if practicable, arrange for copies of all written reports filed in the case to be made available before the hearing to—

• (a) the applicant;

• (b) the parent or guardian of the child to whom the application relates;

• (c) any legal representative of the child;

• (d) the children's guardian; and

• (e) the child, unless the court directs otherwise,

and copies of the reports may, if the court considers it desirable, be shown to any person who is entitled to notice of any hearing in accordance with Practice Direction 12C.

CHAPTER 4 — SPECIAL PROVISIONS ABOUT PRIVATE LAW PROCEEDINGS

The First Hearing Dispute Resolution Appointment

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• (1) The court may set a date for the First Hearing Dispute Resolution Appointment after the proceedings have been issued.

• (2) The court officer will give notice of any of the dates so fixed to the parties. (Provisions relating to the timing of and issues to be considered at the First Hearing Dispute Resolution Appointment are contained in Practice Direction 12B.)

Answer

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A respondent must file and serve on the parties an answer to the application for an order in private law proceedings within 14 days beginning with the date on which the application is served.

Applications for warning notices or applications to amend enforcement orders by reason of change of residence

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• (1) This rule applies in relation to an application ... for—

• (a) a warning notice to be attached to a child arrangements order; or

• (b) an order under paragraph 5 of Schedule A1 to the 1989 Act to amend an enforcement order by reason of change of residence.

• (2) The application must be made without notice.

• (3) The court may deal with the application without a hearing.

• (4) If the court decides to deal with the application at a hearing, rules 12.5, 12.7 and 12.8 will apply.

Service of a risk assessment

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• (1) Where an officer of the Service or a Welsh family proceedings officer has filed a risk assessment with the court, subject to paragraph (2), the court officer will as soon as practicable serve copies of the risk assessment on each party.

• (2) Before serving the risk assessment, the court must consider whether, in order to prevent a risk of harm to the child, it is necessary for—

• (a) information to be deleted from a copy of the risk assessment before that copy is served on a party; or

• (b) service of a copy of the risk assessment (whether with information deleted from it or not) on a party to be delayed for a specified period,

and may make directions accordingly.

Service of enforcement orders or orders amending or revoking enforcement orders

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• (1) Paragraphs (2) and (3) apply where the court makes—

• (a) an enforcement order; or

• (b) an order under paragraph 9(2) of Schedule A1 to the 1989 Act (enforcement order made following a breach of an enforcement order).

• (2) As soon as practicable after an order has been made, a copy of it must be served by the court officer on—

• (a) the parties, except the person against whom the order is made;

• (b) the officer of the Service or the Welsh family proceedings officer who is to comply with a request under section 11M of the 1989 Act to monitor compliance with the order; and

• (c) the responsible officer.

• (3) Unless the court directs otherwise and subject to rule 6.23A, the applicant must serve a copy of the order personally on the person against whom the order is made.

• (4) The court officer must send a copy of an order made under paragraph 4, 5, 6 or 7 of Schedule A1 to the 1989 Act (revocation or amendment of an enforcement order) to—

• (a) the parties;

• (b) the officer of the Service or the Welsh family proceedings officer who is to comply with a request under section 11M of the 1989 Act to monitor compliance with the order;

• (c) the responsible officer; and

• (d) in the case of an order under paragraph 5 of Schedule A1 to the 1989 Act (amendment of enforcement order by reason of change of residence), the responsible officer in the former local justice area.

• (5) In this rule, “responsible officer” has the meaning given in paragraph 8(8) of Schedule A1 to the 1989 Act.

CHAPTER 5 — SPECIAL PROVISIONS ABOUT INHERENT JURISDICTION PROCEEDINGS

Where to start proceedings

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• (1) An application for proceedings under the Inherent Jurisdiction of the court must be started in the High Court.

• (2) Wardship proceedings, except applications for an order that a child be made or cease to be a ward of court, may be transferred to the family court unless the issues of fact or law make them more suitable for hearing in the High Court. (The question of suitability for hearing in the High Court is explained in Practice Direction 12D (Inherent Jurisdiction (including Wardship Proceedings)).)

Child as respondent to wardship proceedings

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• (1) A child who is the subject of wardship proceedings must not be made a respondent to those proceedings unless the court gives permission following an application under paragraph (2).

• (2) Where nobody other than the child would be a suitable respondent to wardship proceedings, the applicant may apply without notice for permission to make the wardship application—

• (a) without notice; or

• (b) with the child as the respondent.

Registration requirements

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The court officer will send a copy of every application for a child to be made a ward of court to the principal registry for recording in the register of wards.

Notice of child's whereabouts

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• (1) Every respondent, other than a child, must file with the acknowledgment of service a notice stating—

• (a) the respondent's address; and

• (b) either—

• (i) the whereabouts of the child; or

• (ii) that the respondent is unaware of the child's whereabouts if that is the case.

• (2) Unless the court directs otherwise, the respondent must serve a copy of that notice on the applicant.

• (3) Every respondent other than a child must immediately notify the court in writing of—

• (a) any subsequent changes of address; or

• (b) any change in the child's whereabouts,

and, unless the court directs otherwise, serve a copy of that notice on the applicant.

• (4) In this rule a reference to the whereabouts of a child is a reference to—

• (a) the address at which the child is living;

• (b) the person with whom the child is living; and

• (c) any other information relevant to where the child may be found.

Enforcement of orders in wardship proceedings

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The High Court may secure compliance with any direction relating to a ward of court by an order addressed to the tipstaff. (The role of the tipstaff is explained in Practice Direction 12D (Inherent Jurisdiction (including Wardship Proceedings)).)

Child ceasing to be ward of court

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• (1) A child who, by virtue of section 41(2) of the Senior Courts Act 1981, automatically becomes a ward of court on the making of a wardship application will cease to be a ward on the determination of the application unless the court orders that the child be made a ward of court.

• (2) Nothing in paragraph (1) affects the power of the court under section 41(3) of the Senior Courts Act 1981 to order that any child cease to be a ward of court.

Adoption of a child who is a ward of court

12

An application for permission—

• (a) to start proceedings to adopt a child who is a ward of court;

• (b) to place such a child for adoption with parental consent; or

• (c) to start proceedings for a placement order in relation to such a child,

may be made without notice in accordance with Part 18.

CHAPTER 6 — PROCEEDINGS UNDER THE 1980 HAGUE CONVENTION, THE EUROPEAN CONVENTION, ... AND THE 1996 HAGUE CONVENTION

Scope

12

This Chapter applies to —

• (a) children proceedings under the 1980 Hague Convention or the European Convention; and

• (b) applications relating to ... the 1996 Hague Convention in respect of children.

SECTION 1 — Proceedings under the 1980 Hague Convention or the European Convention

Interpretation

12

In this section—

• “the 1985 Act” means the Child Abduction and Custody Act 1985;

• “Central Authority” means, in relation to England and Wales, the Lord Chancellor;

• “Contracting State” has the meaning given in—section 2 of the 1985 Act in relation to the 1980 Hague Convention; andsection 13 of the 1985 Act in relation to the European Convention; and

• “decision relating to custody” has the same meaning as in the European Convention.

(“the 1980 Hague Convention” and the “the European Convention” are defined in rule 2.3)

Where to start proceedings

12

Every application under the 1980 Hague Convention or the European Convention must be—

• (a) made in the High Court and issued in the principal registry; and

• (b) heard by a Judge of the High Court unless the application is;

• (i) to join a respondent; or

• (ii) to dispense with service or extend the time for acknowledging service.

Evidence in support of application

12

Where the party making an application under this section does not produce the documents referred to in Practice Direction 12F, the court may—

• (a) fix a time within which the documents are to be produced;

• (b) accept equivalent documents; or

• (c) dispense with production of the documents if the court considers it has sufficient information.

Without-notice applications

12

• (1) This rule applies to applications—

• (a) commencing or in proceedings under this section;

• (b) for interim directions under section 5 or 19 of the 1985 Act ;

• (c) for the disclosure of information about the child and for safeguarding the child's welfare, under rule 12.57;

• (d) for the disclosure of relevant information as to where the child is, under section 24A of the 1985 Act ; or

• (e) for a collection order, location order or passport order.

• (2) Applications under this rule may be made without notice, in which case the applicant must file the application—

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

• (b) in any other case, at the time when the application is made.

• (3) Where an order is made without notice, the applicant must serve a copy of the order on the other parties as soon as practicable after the making of the order, unless the court otherwise directs.

• (4) Where the court refuses to make an order on an application without notice, it may direct that the application is made on notice.

• (5) Where any hearing takes place outside the hours during which the court office is usually open—

• (a) if the hearing takes place by telephone, the applicant's solicitors will, if practicable, arrange for the hearing to be recorded; and

• (b) in all other cases, the court or court officer will take a note of the proceedings.

(Practice Direction 12E (Urgent Business) provides further details of the procedure for out of hours applications. See also Practice Direction 12D (Inherent Jurisdiction (including Wardship Proceedings)).)

Directions

12

• (1) As soon as practicable after an application to which this section applies has been made, the court may give directions as to the following matters, among others—

• (a) whether service of the application may be dispensed with;

• (b) whether the proceedings should be transferred to another court under rule 12.54;

• (c) expedition of the proceedings or any part of the proceedings (and any direction for expedition may specify a date by which the court must issue its final judgment in the proceedings or a specified part of the proceedings);

• (d) the steps to be taken in the proceedings and the time by which each step is to be taken;

• (e) whether the child or any other person should be made a party to the proceedings;

• (f) if the child is not made a party to the proceedings, the manner in which the child's wishes and feelings are to be ascertained, having regard to the child's age and maturity and in particular whether an officer of the Service or a Welsh family proceedings officer should report to the court for that purpose;

• (g) where the child is made a party to the proceedings, the appointment of a children's guardian for that child unless a children's guardian has already been appointed;

• (h) the attendance of the child or any other person before the court;

• (i) the appointment of a litigation friend for a child or for any protected party, unless a litigation friend has already been appointed;

• (j) the service of documents;

• (k) the filing of evidence including expert evidence; and

• (l) whether the parties and their representatives should meet at any stage of the proceedings and the purpose of such a meeting.

(Rule 16.2 provides for when the court may make the child a party to the proceedings and rule 16.4 for the appointment of a children's guardian for the child who is made a party. Rule 16.5 (without prejudice to rule 16.6) requires a child who is a party to the proceedings but not the subject of those proceedings to have a litigation friend.)

• (2) Directions of a court which are in force immediately prior to the transfer of proceedings to another court under rule 12.54 will continue to apply following the transfer subject to—

• (a) any changes of terminology which are required to apply those directions to the court to which the proceedings are transferred; and

• (b) any variation or revocation of the directions.

• (3) The court or court officer will—

• (a) take a note of the giving, variation or revocation of directions under this rule; and

• (b) as soon as practicable serve a copy of the directions order on every party.

Answer

12

• (1) Subject to paragraph (2) and to any directions given under rule 12.48, a respondent must file and serve on the parties an answer to the application within 7 days beginning with the date on which the application is served.

• (2) The court may direct a longer period for service where the respondent has been made a party solely on one of the following grounds—

• (a) a decision relating to custody has been made in the respondent's favour; or

• (b) the respondent appears to the court to have sufficient interest in the welfare of the child.

Filing and serving written evidence

12

• (1) The respondent to an application to which this section applies may file and serve with the answer a statement verified by a statement of truth, together with any further evidence on which the respondent intends to rely.

• (2) The applicant may, within 7 days beginning with the date on which the respondent's evidence was served under paragraph (1), file and serve a statement in reply verified by a statement of truth, together with any further evidence on which the applicant intends to rely.

Adjournment

12

The court will not adjourn the hearing of an application to which this section applies for more than 21 days at at any one time.

Stay of proceedings upon notification of wrongful removal etc.

12

• (1) In this rule and in rule 12.53—

• (a) “relevant authority” means —

• (i) the High Court;

• (ii) the family court;

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iv) the Court of Session;

• (v) a sheriff court;

• (vi) a children’s hearing within the meaning of the Children’s Hearings (Scotland) Act 2011;

• (vii) the High Court in Northern Ireland;

• (viii) a county court in Northern Ireland;

• (ix) a court of summary jurisdiction in Northern Ireland;

• (x) the Royal Court of Jersey;

• (xi) a court of summary jurisdiction in Jersey;

• (xii) the High Court of Justice of the Isle of Man;

• (xiii) a court of summary jurisdiction in the Isle of Man; or

• (xiv) the Secretary of State; and

• (b) “rights of custody” has the same meaning as in the 1980 Hague Convention.

• (2) Where a party to proceedings under the 1980 Hague Convention knows that an application relating to the merits of rights of custody is pending in or before a relevant authority, that party must file within the proceedings under the 1980 Hague Convention a concise statement of the nature of that application, including the relevant authority in or before which it is pending.

• (3) On receipt of a statement filed in accordance with paragraph (2) above, a court officer will notify the relegant authority in or before which the application is pending and will subsequently notify the relevant authority of the result of the proceedings.

• (4) On receipt by the relevant authority of a notification under paragraph (3) from the High Court or equivalent notification from the Court of Session, the High Court in Northern Ireland or the High Court of Justice of the Isle of Man—

• (a) all further proceedings in the action will be stayed(GL) unless and until the proceedings under the 1980 Hague Convention in the High Court, Court of Session, the High Court in Northern Ireland or the High Court of Justice of the Isle of Man are dismissed; and

• (b) the parties to the action will be notified by the court officer of the stay(GL) and dismissal.

Stay of proceedings where application made under s.16 of the 1985 Act (registration of decisions under the European Convention)

12

• (1) A person who—

• (a) is a party to—

• (i) proceedings under section 16 of the 1985 Act; or

• (ii) proceedings as a result of which a decision relating to custody has been registered under section 16 of the 1985 Act; and

• (b) knows that an application is pending under—

• (i) section 20(2) of the 1985 Act;

• (ii) Article 21(2) of the Child Abduction and Custody (Jersey) Law 2005; or

• (iii) section 42(2) of the Child Custody Act 1987 (an Act of Tynwald),

must file within the proceedings under section 16 of the 1985 Act a concise statement of the nature of the pending application.

• (2) On receipt of a statement filed in accordance with paragraph (1) above, a court officer will notify the relevant authority in or before which the application is pending and will subsequently notify the relevant authority of the result of the proceedings.

• (3) On receipt by the relevant authority of a notification under paragraph (2) from the High Court or equivalent notification from the Court of Session, the High Court in Northern Ireland or the High Court of Justice of the Isle of Man, the court officer will notify the parties to the action.

Transfer of proceedings

12

• (1) At any stage in proceedings under the 1985 Act the court may-

• (a) of its own initiative; or

• (b) on the application of a party with a minimum of two days' notice;

order that the proceedings be transferred to a court listed in paragraph (4).

• (2) Where the court makes an order for transfer under paragraph (1)—

• (a) the court will state its reasons on the face of the order;

• (b) a court officer will send a copy of the order, the application and the accompanying documents (if any) and any evidence to the court to which the proceedings are transferred; and

• (c) the costs of the proceedings both before and after the transfer will be at the discretion of the court to which the proceedings are transferred.

• (3) Where proceedings are transferred to the High Court from a court listed in paragraph (4), a court officer will notify the parties of the transfer and the proceedings will continue as if they had been commenced in the High Court.

• (4) The listed courts are the Court of Session, the High Court in Northern Ireland, the Royal Court of Jersey or the High Court of Justice of the Isle of Man.

Revocation and variation of registered decisions

12

• (1) This rule applies to decisions which—

• (a) have been registered under section 16 of the 1985 Act; and

• (b) are subsequently varied or revoked by an authority in the Contracting State in which they were made.

• (2) The court will, on cancelling the registration of a decision which has been revoked, notify—

• (a) the person appearing to the court to have care of the child;

• (b) the person on whose behalf the application for registration of the decision was made; and

• (c) any other party to the application.

• (3) The court will, on being informed of the variation of a decision, notify—

• (a) the party appearing to the court to have care of the child; and

• (b) any party to the application for registration of the decision;

and any such person may apply to make representations to the court before the registration is varied.

• (4) Any person appearing to the court to have an interest in the proceedings may apply for the registration of a decision for the cancellation or variation of the decision referred to in paragraph (1).

The central index of decisions registered under the 1985 Act

12

A central index of decisions registered under section 16 of the 1985 Act, together with any variation of those decisions made under section 17 of that Act, will be kept by the principal registry.

Disclosure of information in proceedings under the European Convention

12

At any stage in proceedings under the European Convention the court may, if it has reason to believe that any person may have relevant information about the child who is the subject of those proceedings, order that person to disclose such information and may for that purpose order that the person attend before it or file affidavit(GL) evidence.

SECTION 2 — Applications relating to ... the 1996 Hague Convention

Interpretation

12

• (1) In this section —

• ...

• “Contracting State” means a State party to the 1996 Hague Convention;

• “domestic Central Authority” means—...where the matter relates to the 1996 Hague Convention in England, the Lord Chancellor;where the matter relates to the 1996 Hague Convention in Wales, the Welsh Ministers;

• ...

• ...

• “parental responsibility” has the meaning given in —...Article 1(2) of the 1996 Hague Convention in relation to proceedings under that Convention; ...

• ...

• (2) In rules 12.59 to 12.70, references to the court of another ... Contracting State include ...authorities of Contracting States which have jurisdiction to take measures directed to the protection of the person or property of the child within the meaning of the 1996 Hague Convention.

Procedure under Article 11(6) of the Council Regulation where the court makes a non-return order under Article 13 of the 1980 Hague Convention

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure under Article 11(7) of the Council Regulation where the court receives a non-return order made under Article 13 of the 1980 Hague Convention by a court in another Member State

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of proceedings under Article 15 of the Council Regulation or under Article 8 of the 1996 Hague Convention

12

• (1) Where the court is considering the transfer of proceedings to the court of another ... Contracting State under rules 12.62 to 12.64 it will—

• (a) fix a date for a hearing for the court to consider the question of transfer; and

• (b) give directions as to the manner in which the parties may make representations.

• (2) The court may, with the consent of all parties, deal with the question of transfer without a hearing.

• (3) Directions which are in force immediately prior to the transfer of proceedings to a court in another ... Contracting State under rules 12.62 to 12.64 will continue to apply until the court in that other State accepts jurisdiction in accordance with the provisions of ... the 1996 Hague Convention ..., subject to any variation or revocation of the directions.

• (4) The court or court officer will—

• (a) take a note of the giving, variation or revocation of directions under this rule; and

• (b) as soon as practicable serve a copy of the directions order on every party.

• (5) A register of all applications and requests for transfer of jurisdiction to or from another ... Contracting State will be kept by the principal registry.

Application by a party for transfer of the proceedings

12

• (1) A party may apply to the court ...under Article 8(1) of the 1996 Hague Convention —

• (a) to stay(GL) the proceedings or a specified part of the proceedings and to invite the parties to introduce a request before a court of another ... Contracting State; or

• (b) to make a request to a court of ... another Contracting State to assume jurisdiction for the proceedings, or a specified part of the proceedings.

• (2) An application under paragraph (1) must be made—

• (a) to the court in which the relevant parental responsibility proceedings are pending; and

• (b) using the Part 18 procedure.

• (3) The applicant must file the application notice and serve it on the respondents not less than 42 days before the hearing of the application.

Application by a court of another Member State or another Contracting State for transfer of the proceedings

12

• (1) This rule applies where a court of ... another Contracting State makes an application under ... Article 9 of the 1996 Hague Convention that the court having jurisdiction in relation to the proceedings transfer the proceedings or a specific part of the proceedings to the applicant court.

• (2) When the court receives the application, the court officer will—

• (a) as soon as practicable, notify the domestic Central Authority of the application; and

• (b) serve the application, and notice of the hearing on all other parties in England and Wales not less than 5 days before the hearing of the application.

Exercise by the court of its own initiative of powers to seek to transfer the proceedings

12

• (1) The court having jurisdiction in relation to the proceedings may exercise its powers of its own initiative under ... Article 8 of the 1996 Hague Convention in relation to the proceedings or a specified part of the proceedings.

• (2) Where the court proposes to exercise its powers, the court officer will give the parties not less than 5 days' notice of the hearing.

Application to High Court to make request under ... Article 9 of the 1996 Hague Convention to request transfer of jurisdiction

12

• (1) An application for the court to request transfer of jurisdiction in a matter concerning a child from ... another Contracting State under ... Article 9 of the 1996 Hague Convention ... must be made to the principal registry and heard in the High Court.

• (2) An application must be made without notice to any other person and the court may give directions about joining any other party to the application.

• (3) Where there is agreement between the court and the court or competent authority to which the request under paragraph (1) is made to transfer the matter to the courts of England and Wales, the court will consider with that other court or competent authority the specific timing and conditions for the transfer.

• (4) Upon receipt of agreement to transfer jurisdiction from the court or other competent authority in the ... Contracting State to which the request has been made, the court officer will serve on the applicant a notice that jurisdiction has been accepted by the courts of England and Wales.

• (5) The applicant must attach the notice referred to in paragraph (3) to any subsequent application in relation to the child.

• (6) Nothing in this rule requires an application with respect to a child commenced following a transfer of jurisdiction to be made to or heard in the High Court.

• (7) Upon allocation, the court to which the proceedings are allocated must immediately fix a directions hearing to consider the future conduct of the case.

Procedure where the court receives a request from the authorities of another ... Contracting State to assume jurisdiction in a matter concerning a child

12

• (1) Where any court other than the High Court receives a request to assume jurisdiction in a matter concerning a child from a court or other authority which has jurisdiction in another ...Contracting State, that court must immediately refer the request to a Judge of the High Court for a decision regarding acceptance of jurisdiction to be made.

• (2) Upon the High Court agreeing to the request under paragraph (1), the court officer will notify the parties to the proceedings before the other ... Contracting State of that decision, and the case must be allocated as if the application had been made in England and Wales.

• (3) Upon allocation, the court to which the proceedings are allocated must immediately fix a directions hearing to consider the future conduct of the case.

• (4) The court officer will serve notice of the directions hearing on all parties to the proceedings in the other ... Contracting State no later than 5 days before the date of that hearing.

Service of the court's order or request relating to transfer of jurisdiction under ...the 1996 Hague Convention

12

The court officer will serve an order or request relating to transfer of jurisdiction on all parties, the Central Authority of the other ... Contracting State, and the domestic Central Authority.

Questions as to the court's jurisdiction or whether the proceedings should be stayed

12

• (1) If at any time after issue of the application it appears to the court that under ... Article 13 of the 1996 Hague Convention it is or may be required to stay(GL) the proceedings or to decline jurisdiction, the court must—

• (a) stay(GL) the proceedings; and

• (b) fix a date for a hearing to determine jurisdiction or whether there should be a stay(GL) or other order.

• (2) The court officer will serve notice of the hearing referred to at paragraph (1)(b) on the parties to the proceedings.

• (3) The court must, in writing—

• (a) give reasons for its decision under paragraph (1); and

• (b) where it makes a finding of fact, state such finding.

• (4) The court may with the consent of all the parties deal with any question as to the jurisdiction of the court, or as to whether the proceedings should be stayed(GL), without a hearing.

Request for consultation as to contemplated placement of child in England and Wales

12

• (1) This rule applies to a request made —

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) under Article 33 of the 1996 Hague Convention by a court in another Contracting State

for consultation on or consent to the contemplated placement of a child in England and Wales.

• (2) Where the court receives a request directly from a court in another ... Contracting State, the court shall, as soon as practicable after receipt of the request, notify the domestic Central Authority of the request and take the appropriate action under paragraph (4).

• (3) Where it appears to the court officer that no proceedings relating to the child are pending before a court in England and Wales, the court officer must inform the domestic Central Authority of that fact and forward to the Central Authority all documents relating to the request sent by the court in the other ... Contracting State.

• (4) Where the court receives a request forwarded by the domestic Central Authority, the court must, as soon as practicable after receipt of the request, either—

• (a) where proceedings relating to the child are pending before the court, fix a directions hearing; or

• (b) where proceedings relating to the child are pending before another court in England and Wales, send a copy of the request to that court.

Request made by court in England and Wales for consultation as to contemplated placement of child in another ... Contracting State

12

• (1) This rule applies where the court is contemplating the placement of a child in another ... Contracting State under Article 33 of the 1996 Hague Convention, and proposes to send a request for consultation with or for the consent of the central authority or other authority having jurisdiction in the other State in relation to the contemplated placement.

• (2) In this rule, a reference to “the request” includes a reference to a report prepared for purposes of Article 33 of the 1996 Hague Convention where the request is made under that Convention.

• (3) Where the court sends the request directly to the central authority or other authority having jurisdiction in the other State, it shall at the same time send a copy of the request to the domestic Central Authority.

• (4) The court may send the request to the domestic Central Authority for onward transmission to the central authority or other authority having jurisdiction in the other ... State.

• (5) The court should give consideration to the documents which should accompany the request. (See Chapters 1 to 3 of this Part generally, for the procedure governing applications for an order under paragraph 19(1) of Schedule 2 to the 1989 Act permitting a local authority to arrange for any child in its care to live outside England and Wales.) (Part 14 sets out the procedure governing applications for an order under section 84 (giving parental responsibility prior to adoption abroad) of the Adoption and Children Act 2002.)

Application for a declaration as to the extent, or existence, of parental responsibility in relation to a child under Article 16 of the 1996 Hague Convention

12

• (1) Any interested person may apply for a declaration —

• (a) that a person has, or does not have, parental responsibility for a child; or

• (b) as to the extent of a person's parental responsibility for a child,

where the question arises by virtue of the application of Article 16 of the 1996 Hague Convention.

• (2) An application for a declaration as to the extent, or existence of a person's parental responsibility for a child by virtue of Article 16 of the 1996 Hague Convention must be made in the principal registry and heard in the High Court.

• (3) An application for a declaration referred to in paragraph (1) may not be made where the question raised is otherwise capable of resolution in any other family proceedings in respect of the child.

CHAPTER 7 — COMMUNICATION OF INFORMATION: CHILDREN PROCEEDINGS

Interpretation

12

In this Chapter “independent reviewing officer” means a person appointed in respect of a child in accordance with regulation 2A of the Review of Children's Cases Regulations 1991 , or regulation 3 of the Review of Children's Cases (Wales) Regulations 2007 .

Communication of information: general

12

• (1) For the purposes of the law relating to contempt of court, information relating to proceedings held in private (whether or not contained in a document filed with the court) may be communicated—

• (a) where the communication is to—

• (i) a party;

• (ii) the legal representative of a party;

• (iii) a professional legal adviser;

• (iv) an officer of the service or a Welsh family proceedings officer;

• (v) the welfare officer;

• (vi) the Director of Legal Aid Casework (within the meaning of section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012);

• (vii) an expert whose instruction by a party has been authorised by the court for the purposes of the proceedings;

• (viii) a professional acting in furtherance of the protection of children;

• (ix) an independent reviewing officer appointed in respect of a child who is, or has been, subject to proceedings to which this rule applies;

• (b) where the court gives permission , including as provided for under rule 12.73A; or

• (c) subject to any direction of the court, in accordance with rule 12.75 and Practice Direction 12G.

• (2) Except as provided for under rule 12.73A, nothing in this Chapter permits the communication to the public at large, or any section of the public, of any information relating to the proceedings.

• (3) Nothing in rule 12.75 and Practice Direction 12G permits the disclosure of an unapproved draft judgment handed down by any court.

Instruction of experts

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Communication of information for purposes connected with the proceedings

12

• (1) A party or the legal representative of a party, on behalf of and upon the instructions of that party, may communicate information relating to the proceedings to any person where necessary to enable that party—

• (a) by confidential discussion, to obtain support, advice or assistance in the conduct of the proceedings;

• (b) to attend a mediation information and assessment meeting, or to engage in mediation or other forms of non-court dispute resolution;

• (c) to make and pursue a complaint against a person or body concerned in the proceedings; or

• (d) to make and pursue a complaint regarding the law, policy or procedure relating to a category of proceedings to which this Part applies.

• (2) Where information is communicated to any person in accordance with paragraph (1)(a) of this rule, no further communication by that person is permitted.

• (3) When information relating to the proceedings is communicated to any person in accordance with paragraphs (1)(b),(c) or (d) of this rule—

• (a) the recipient may communicate that information to a further recipient, provided that—

• (i) the party who initially communicated the information consents to that further communication; and

• (ii) the further communication is made only for the purpose or purposes for which the party made the initial communication; and

• (b) the information may be successively communicated to and by further recipients on as many occasions as may be necessary to fulfil the purpose for which the information was initially communicated, provided that on each such occasion the conditions in sub-paragraph (a) are met.

PART 13 — PROCEEDINGS UNDER SECTION 54 OR SECTION 54A OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 2008

Interpretation and application

13

• (1) A reference in this Part to the 2002 Act is a reference to that Act as applied with modifications by the Human Fertilisation and Embryology (Parental Order) Regulations 2010.

• (2) In this Part—

• “the other parent” means any person who is a parent of the child but is not one of the applicants or the woman who carried the child (including any man who is the father by virtue of section 35 or 36 of the 2008 Act or any woman who is a parent by virtue of section 42 or 43 of that Act);

• “parental order” means an order under section 54 or section 54A of the 2008 Act;

• “parental order proceedings” means proceedings for the making of a parental order under the 2008 Act or an order under any provision of the 2002 Act;

• “parental order reporter” means an officer of the service or a Welsh family proceedings officer appointed to act on behalf of a child who is the subject of parental order proceedings;

• “provision for contact” means—contact provision contained in a child arrangements order under section 8 of the 1989 Act, oran order under section 34 of the 1989 Act;

• (3) Except where the contrary intention appears, the rules in this Part apply to parental order proceedings.

Application of Part 12

13

Rules ... 12.19 and 12.21 apply as appropriate, with any necessary modifications, to parental order proceedings.

Who the parties are

13

• (1) An application for a parental order under section 54 of the 2008 Act may be made by such of the following who satisfy the conditions set out in section 54(1) of the 2008 Act—

• (a) a husband and wife;

• (b) civil partners of each other; or

• (c) two persons who are living as partners in an enduring family relationship and are not within the prohibited degrees of relationship in relation to each other.

• (1A) An application for a parental order under section 54A of the 2008 Act may only be made by one person who satisfies the conditions set out in subsection (1) of that section.

• (2) The respondents to an application for a parental order are—

• (a) the woman who carried the child;

• (b) the other parent (if any);

• (c) any person in whose favour there is provision for contact; and

• (d) any other person or body with parental responsibility for the child at the date of the application.

• (3) The court will direct that a person with parental responsibility for the child be made a party to proceedings where that person requests to be one.

• (4) The court may at any time direct that—

• (a) any other person or body be made a respondent to the proceedings; or

• (b) a respondent be removed from the proceedings.

• (5) If the court makes a direction for the addition or removal of a party, it may give consequential directions about—

• (a) serving a copy of the application form on any new respondent;

• (b) serving relevant documents on the new party; and

• (c) the management of the proceedings.

Notice of proceedings to person with foreign parental responsibility

13

• (1) This rule applies where a child is subject to proceedings to which this Part applies and at the date of the application –

• (a) a person holds or is believed to hold parental responsibility for the child under the law of another State which subsists in accordance with Article 16 of the 1996 Hague Convention following the child becoming habitually resident in a territorial unit of the United Kingdom; and

• (b) that person is not otherwise required to be joined as a respondent under rule 13.3.

• (2) The applicant shall give notice of the proceedings to any person to whom the applicant believes paragraph (1) applies.

• (3) The applicant and every respondent to the proceedings shall provide such details as they possess as to the identity and whereabouts of any person they believe to hold parental responsibility for the child in accordance with paragraph (1) to the court officer, upon making, or responding to the application as appropriate.

• (4) Where the existence of such a person only becomes apparent to a party at a later date during the proceedings, that party must notify the court officer of those details at the earliest opportunity.

• (5) Where a person to whom paragraph (1) applies receives notice of proceedings, that person may apply to the court to be joined as a party using the Part 18 procedure.

What the court or a court officer will do when the application has been issued

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• (1) As soon as practicable after the issue of proceedings—

• (a) the court will—

• (i) if section 48(1) of the 2002 Act applies (restrictions on making parental orders), consider whether it is proper to hear the application;

• (ii) subject to paragraph (2), set a date for the first directions hearing;

• (iii) appoint a parental order reporter; and

• (iv) set a date for the hearing of the application; and

• (b) a court officer will—

• (i) return to the applicants the copies of the application together with any other documents the applicant is required to serve; and

• (ii) send a certified copy of the entry in the register of live births to the parental order reporter.

• (2) Where it considers it appropriate the court may, instead of setting a date for a first directions appointment, give the directions provided for in rule 13.9

Service of the application and other documents

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• (1) The applicants must, within 14 days before the hearing or first directions hearing, serve on the respondents —

• (a) the application;

• (b) a form for acknowledging service; and

• (c) a notice of proceedings.

• (2) The applicants must serve a notice of proceedings on any local authority or voluntary organisation that has at any time provided accommodation for the child.

Acknowledgement

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Within 7 days of the service of an application for a parental order, each respondent must file an acknowledgment of service and serve it on all the other parties.

Date for first directions hearing

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Unless the court directs otherwise, the first directions hearing must be within 4 weeks beginning with the date on which the application is issued.

The first directions hearing

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• (1) At the first directions hearing in the proceedings the court will—

• (a) fix a timetable for the filing of—

• (i) any report from a parental order reporter;

• (ii) if a statement of facts has been filed, any amended statement of facts; and

• (iii) any other evidence;

• (b) give directions relating to the report of the parental order reporter and other evidence;

• (c) consider whether any other person should be a party to the proceedings and, if so, give directions in accordance with rule 13.3(3) or (4) joining that person as a party;

• (d) give directions relating to the appointment of a litigation friend for any protected party unless a litigation friend has already been appointed;

• (e) consider, in accordance with rule 29.17, whether the case needs to be transferred to another court and, if so, give appropriate directions;

• (f) give directions about—

• (i) tracing the other parent or the woman who carried the child;

• (ii) service of documents;

• (iii) subject to paragraph (2), disclosure as soon as possible of information and evidence to the parties; and

• (iv) the final hearing.

• (2) Rule 13.12 (reports of the parental order reporter and disclosure to parties) applies to any direction given under paragraph (1)(f)(iii) as it applies to a direction given under rule 13.12(1).

• (3) The parties or their legal representatives must attend the first directions hearing unless the court directs otherwise.

• (4) Directions may also be given at any stage in the proceedings—

• (a) of the court's own initiative; or

• (b) on the application of a party or the parental order reporter.

• (5) Where the court proposes to exercise its powers in paragraph (1) of its own initiative the procedure set out in rule 4.3(2) to (7) applies.

• (6) For the purposes of giving directions or for such purposes as the court directs—

• (a) the court may set a date for a further directions hearing or other hearing; and

• (b) the court officer will give notice of any date so fixed to the parties and to the parental order reporter.

• (7) Directions of a court which are still in force immediately prior to the transfer of proceedings to another court shall continue to apply following the transfer subject to—

• (a) any changes of terminology which are required to apply those directions to the court to which the proceedings are transferred; and

• (b) any variation or revocation of the direction.

• (8) The court or court officer will—

• (a) take a note of the giving, variation or revocation of a direction under this rule; and

• (b) as soon as practicable serve a copy of the note on every party.

• (9) After the first directions hearing the court will monitor compliance by the parties with the court's timetable and directions.

Where the agreement of the other parent or the woman who carried the child is not required

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• (1) This rule applies where the agreement of the other parent or the woman who carried the child to the making of the parental order is not required as the person in question cannot be found or is incapable of giving agreement.

• (2) The applicants must—

• (a) state that the agreement is not required in the application form, or at any later stage by filing a written note with the court;

• (b) file a statement of facts setting out a summary of the history of the case and any other facts to satisfy the court that the other parent or the woman who carried the child cannot be found or is incapable of giving agreement.

• (3) On receipt of the application form or written note—

• (a) a court officer will—

• (i) unless the other parent or the woman who carried the child cannot be found, inform the other parent or the woman who carried the child that their agreement is not required;

• (ii) send a copy of the statement of facts filed in accordance with paragraph (2)(b) to—

• (aa) the other parent unless the other parent cannot be found;

• (bb) the woman who carried the child unless the woman cannot be found; and

• (cc) the parental order reporter; and

• (b) if the applicants consider that the other parent or the woman who carried the child is incapable of giving agreement the court will consider whether to—

• (i) appoint a litigation friend for the other parent or the woman who carried the child under rule 15.6(1) or

• (ii) give directions for an application to be made under rule 15.6(3),

unless a litigation friend is already appointed for the other parent or the woman who carried the child.

Agreement

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• (1) Unless the court directs otherwise, the agreement of the other parent or the woman who carried the child to the making of the parental order may be given in the form referred to in Practice Direction 5A or a form to the like effect.

• (2) Any form of agreement executed in Scotland must be witnessed by a Justice of the Peace or a Sheriff.

• (3) Any form of agreement executed in Northern Ireland must be witnessed by a Justice of the Peace.

• (4) Any form of agreement executed outside the United Kingdom must be witnessed by—

• (a) any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose;

• (b) a British Consular officer;

• (c) a notary public; or

• (d) if the person executing the document is serving in any of the regular armed forces of the Crown, an officer holding a commission in any of those forces.

Reports of the parental order reporter and disclosure to the parties

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• (1) The court will consider whether to give a direction that a confidential report of the parental order reporter be disclosed to each party to the proceedings.

• (2) Before giving such a direction the court will consider whether any information should be deleted including information which discloses the particulars referred to in rule 29.1(1) where a party has given notice under rule 29.1(2) (disclosure of personal details).

• (3) The court may direct that the report shall not be disclosed to a party.

Notice of final hearing

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A court officer will give notice to the parties and to the parental order reporter—

• (a) of the date and place where the application will be heard; and

• (b) of the fact that, unless the person wishes or the court requires, the person need not attend.

The final hearing

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• (1) Any person who has been given notice in accordance with rule 13.13 may attend the final hearing and be heard on the question of whether an order should be made.

• (2) The court may direct that any person must attend a final hearing.

Proof of identity of the child

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• (1) Unless the contrary is shown, the child referred to in the application will be deemed to be the child referred to in the form of agreement to the making of the parental order where the conditions in paragraph (2) apply.

• (2) The conditions are—

• (a) the application identifies the child by reference to a full certified copy of an entry in the registers of live-births;

• (b) the form of agreement identifies the child by reference to a full certified copy of an entry in the registers of live-births attached to the form; and

• (c) the copy of the entry in the registers of live-births referred to in sub-paragraph (a) is the same or relates to the same entry in the registers of live-births as the copy of the entry in the registers of live-births attached to the form of agreement.

• (3) Where the precise date of the child's birth is not proved to the satisfaction of the court, the court will determine the probable date of birth.

• (4) The probable date of the child's birth may be specified in the parental order as the date of the child's birth.

• (5) Where the child's place of birth cannot be proved to the satisfaction of the court—

• (a) the child may be treated as having been born in the registration district and sub-district in which the court is sitting where it is probable that the child may have been born in—

• (i) the United Kingdom;

• (ii) the Channel Islands; or

• (iii) the Isle of Man; or

• (b) in any other case, the particulars of the country of birth may be omitted from the parental order.

Disclosing information to an adult who was subject to a parental order

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• (1) Subject to paragraph (2), the person who is subject to the parental order has the right to receive from the court which made the parental order a copy of the following—

• (a) the application form for a parental order (but not the documents attached to that form);

• (b) the parental order and any other orders relating to the parental order proceedings;

• (c) a transcript of the court's decision; and

• (d) a report made to the court by the parental order reporter.

• (2) The court will not provide a copy of a document or order referred to in paragraph (1) unless the person making the request has completed the certificate relating to counselling in the form for that purpose referred to in Practice Direction 5A.

• (3) This rule does not apply to a person under the age of 18 years.

Application for recovery orders

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• (1) An application for any of the orders referred to in section 41(2) of the 2002 Act (recovery orders) may be made without notice, in which case the applicant must file the application—

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

• (b) in any other case, at the time when the application is made.

• (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 shall proceed in accordance with rules 13.1 to 13.14.

• (3) The respondents to an application under this rule are—

• (a) in a case where parental order proceedings are pending, all parties to those proceedings;