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The Family Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-12-13

Last updated 2026-09-29

State In force

Department Statute Law Database

Source legislation.gov.uk

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articles Not indexed

These rules provide a new code of procedure for family proceedings in the High Court, county courts and magistrates' courts, and replace existing rules of court for family proceedings. The principal rules being replaced are the Family Proceedings Rules 1991, the Family Procedure (Adoption) Rules 2005 and, in so far as they relate to family proceedings, the Family Proceedings Courts (Children Act 1989) Rules 1991, the Family Proceedings (Matrimonial Proceedings etc) Rules 1991, and rules relating to the reciprocal enforcement of maintenance orders, in particular the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974.

Reform history JSON API

(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.

Application to set aside a return order under the 1980 Hague Convention

12.52A

(1) In this rule—

“return order” means an order for the return or non-return of a child made under the 1980 Hague Convention and includes a consent order;

“set aside” means to set aside a return order pursuant to section 17(2) of the Senior Courts Act 1981 and this rule.

(2) A party may apply under this rule to set aside a return order where no error of the court is alleged.

(3) An application under this rule must be made within the proceedings in which the return order was made.

(4) An application under this rule must be made in accordance with the Part 18 procedure, subject to the modifications contained in this rule.

(5) Where the court decides to set aside a return order, it shall give directions for a rehearing or make such other orders as may be appropriate to dispose of the application.

(6) This rule is without prejudice to any power the High Court has to vary, revoke, discharge or set aside other orders, declarations or judgments which are not specified in this rule and where no error of the court is alleged.

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

(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 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 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.

CHAPTER6A — Special provision about return proceedings with links to asylum claims

12.71A

(1) In this rule—

“child concerned” means the child who is the subject of the return proceedings;

“claimant” means the person who has made the protection claim;

“linked protection claim” is a protection claim that is made by or on behalf of the child concerned or in which the child concerned is named as a dependant of the claimant, and includes a pending in-country appeal;

“NIA Act 2002” means the Nationality, Immigration and Asylum Act 2002;

“pending in-country appeal” means an appeal within the meaning of section 104 of the NIA Act 2002 against a decision of the Secretary of State on a protection claim in which the child concerned is present in England and Wales, and includes any period for instituting of such appeal or applying for permission for such appeal;

“protection claim” has the same meaning as in section 82(2)(a) of the NIA Act 2002, and for the avoidance of doubt, includes an application for asylum as defined by the Immigration Rules HC 395 as amended;

“return order” means an order for the return of a child to another country, made pursuant to an application under any of the 1980 Hague Convention, the High Court’s inherent jurisdiction, or section 8 of the 1989 Act;

“return proceedings” means any proceedings—for a return order;to vary, revoke, discharge or set aside a return order; orin which implementation of a return order is sought.

(2) This rule applies in return proceedings.

(3) Any party to return proceedings that is aware of a linked protection claim must notify the court as soon as practicable of the existence of that claim and provide any information that party has about the progress of that claim.

(4) When the court becomes aware of a linked protection claim, it must hold a hearing as soon as practicable in order to consider directions, including those specified in rule 12.48, as to—

(a) whether the child concerned should be made a party to the return proceedings;

(b) whether the Secretary of State should be invited to intervene in the return proceedings;

(c) whether there should be disclosure and/or inspection under rule 4.1(3)(b) and Part 21 of any documents or information—

(i) from the Secretary of State, claimant or child concerned to one or more parties to the return proceedings or other persons;

(ii) from one or more parties to the return proceedings or other persons, to the Secretary of State, claimant or child concerned;

including any directions as to representations or production to the court of such documents or information;

(d) whether the return proceedings should be stayed until such further point as the court would direct.

(5) Nothing in this Rule disapplies the provisions of other rules or of Practice Directions, including any powers of the court, whether in relation to family proceedings or protection claims falling within scope of this rule, or to other family proceedings, other immigration proceedings, or other claims or proceedings.

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

(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.

Communication of information with permission of the court

12.73A

Practice Direction 12R makes provision in relation to the court giving permission to communicate information from proceedings.

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;

(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);

(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

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

13

(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

13

(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

(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

13

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

13

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

13

(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

13

(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

13

(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;

(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

13

(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

13

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

13

(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

13

(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

13

(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;

(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

13

(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;

(b) any person having parental responsibility for the child;

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

(e) any person whom the applicant alleges to have effected, or to have been or to be responsible for, the taking or keeping of the child.

Keeping of registers, custody, inspection and disclosure of documents and information

13

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) All documents relating to parental order proceedings and related proceedings under the 2002 Act ... must, while they are in the custody of the court, be kept in a place of special security.

(3) Any person who obtains any information in the course of, or relating to, parental order proceedings must treat that information as confidential and must only disclose it if—

(a) the disclosure is necessary for the proper exercise of that person's duties; or

(b) the information is requested by—

(i) a court or public authority (whether in Great Britain or not) having power to determine parental order proceedings and related matters, for the purpose of that court or authority discharging its duties relating to those proceedings and matters; or

(ii) a person who is authorised in writing by the Secretary of State to obtain the information for the purposes of research.

Documents held by the court not to be inspected or copied without the court's permission

13

Subject to the provisions of these rules, any practice direction or any direction given by the court—

(a) no document or order held by the court in parental order proceedings and related proceedings under the 2002 Act will be open to inspection by any person; and

(b) no copy of any such document or order, or of an extract from any such document or order, shall be taken by or given to any person.

Orders

13

(1) A parental order takes effect from the date when it is made, or such later date as the court may specify.

(2) In proceedings in Wales a party may request that an order be drawn up in Welsh as well as English.

Copies of orders

13

(1) Within 7 days beginning with the date on which the final order was made in proceedings, or such shorter time as the court may direct, a court officer will send—

(a) a copy of the order to the applicant;

(b) a copy, which is sealed(GL), authenticated with the stamp of the court or certified as a true copy of a parental order, to the Registrar General;

(i) the final order; or

(ii) an order quashing or revoking a parental order or allowing an appeal against an order in proceedings,

to every respondent and, with the permission of the court, any other person.

(2) The court officer will also send notice of the making of a parental order to—

(a) any court in Great Britain which appears to the court officer to have made any such order as is referred to in section 46(2) of the 2002 Act (order relating to parental responsibility for, and maintenance of, the child); and

(b) the principal registry, if it appears to the court officer that a parental responsibility agreement has been recorded at the principal registry.

(3) A copy of any final order may be sent to any other person with the permission of the court.

(4) The court officer will send a copy of any order made during the course of the proceedings to all the parties to those proceedings unless the court directs otherwise.

(5) If an order has been drawn up in Welsh as well as in English in accordance with rule 13.20(2), any reference in this rule to sending an order is to be taken as a reference to sending both the Welsh and English orders.

Amendment and revocation of orders

13

(1) This rule applies to an application under paragraph 4 of Schedule 1 to the 2002 Act (amendment of a parental order and revocation of direction).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to paragraph (4), an application may be made without serving a copy of the application notice.

(4) The court may direct that an application notice be served on such persons as it thinks fit.

(5) Where the court makes an order granting the application, a court officer shall send the Registrar General a notice—

(a) specifying the amendments; or

(b) informing the Registrar General of the revocation,

giving sufficient particulars of the order to enable the Registrar General to identify the case.

Application of this Part and interpretation

14

(1) The rules in this Part apply to the following proceedings—

(a) adoption proceedings;

(b) placement proceedings; and

(i) the making of an order under section 26 or an order under section 51A(2)(a) of the 2002 Act ;

(aa) the making of an order under section 51A(2)(b) of the 2002 Act;

(ii) the variation or revocation of —

(aa) an order under section 27 of the 2002 Act; or

(bb) an order under section 51A(2) of the 2002 Act in accordance with section 51B(1)(c);

(iii) an order giving permission to change a child's surname or remove a child from the United Kingdom under section 28(2) and (3) of the 2002 Act;

(iv) a section 84 order;

(v) a section 88 direction;

(vi) a section 89 order; or

(vii) any other order that may be referred to in a practice direction.

(1A) This Part is subject to any provision made by or pursuant to Part 41 (proceeding by electronic means).

(2) In this Part—

“Central Authority” means—in relation to England, the Secretary of State; andin relation to Wales, the Welsh Ministers;

“Convention adoption order” means an adoption order under the 2002 Act which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations giving effect to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, concluded at the Hague on 29th May 1993), is made as a Convention adoption order;

“guardian” means—a guardian (other than the guardian of the estate of a child) appointed in accordance with section 5 of the 1989 Act ; anda special guardian within the meaning of section 14A of the 1989 Act ;

“provision for contact” has the meaning given to it in rule 13.1(2);

“section 88 direction” means a direction given by the High Court under section 88 of the 2002 Act that section 67(3) of that Act (status conferred by adoption) does not apply or does not apply to any extent specified in the direction.

Assignment of a serial number

14

(1) This rule applies where—

(a) any application in proceedings is made by a person who intends to adopt a child; or

(b) an adoption order in respect of the child has been made and an application is made for—

(i) a contact order under section 51A(2)(a) of the 2002 Act;

(ii) an order prohibiting contact with the child under section 51A(2)(b) of the 2002 Act; or

(iii) the variation or revocation of an order under section 51A(2) of the 2002 Act in accordance with section 51B(1)(c).

(2) In a case under paragraph (1)(a), a serial number must be assigned to identify the person intending to adopt the child in connection with the proceedings in order for the person’s identity to be kept confidential in those proceedings.

(3) In a case under paragraph (1)(b), a serial number must be assigned to the person in whose favour the adoption order has been made to keep the identity of the person confidential in proceedings referred to in paragraph (1)(b).

(4) The court may at any time direct that a serial number assigned to a person under paragraph (2) or (3) must be removed.

(5) When a serial number has been assigned to a person under paragraph (2) or (3)—

(a) the court officer will ensure that any notice sent in accordance with these rules does not contain information which discloses, or is likely to disclose, the identity of that person to any other party to that application who is not already aware of that person’s identity; and

(b) the proceedings on the application will be conducted with a view to securing that the person is not seen by or made known to any party who is not already aware of the person’s identity except with the person’s consent.

Who the parties are

14

(1) In relation to the proceedings set out in column 1 of the following table, column 2 sets out who the application may be made by and column 3 sets out who the respondents to those proceedings will be.

Proceedings for	Applicants	Respondents
An adoption order (section 46 of the 2002 Act).	The prospective adopters (sections 50 and 51 of the 2002 Act) .	Each parent who has parental responsibility for the child unless that parent has given notice under section 20(4)(a) of the 2002 Act (statement of wish not to be informed of any application for an adoption order) which has effect;any guardian of the child unless that guardian has given notice under section 20(4)(a) of the 2002 Act (statement of wish not to be informed of any application for an adoption order) which has effect;any person in whose favour there is provision for contact;any adoption agency having parental responsibility for the child under section 25 of the 2002 Act;any adoption agency which has taken part at any stage in the arrangements for adoption of the child;any local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given;any local authority or voluntary organisation which has parental responsibility for, is looking after or is caring for, the child; andthe child where—— permission has been granted to a parent or guardian to oppose the making of the adoption order (section 47(3) or 47(5) of the 2002 Act);— the child opposes the making of an adoption order;— a children and family reporter recommends that it is in the best interests of the child to be a party to the proceedings and that recommendation is accepted by the court;— the child is already an adopted child;— any party to the proceedings or the child is opposed to the arrangements for allowing any person contact with the child, or a person not being allowed contact with the child after the making of the adoption order;— the application is for a Convention adoption order or a section 84 order;— the child has been brought into the United Kingdom in the circumstances where section 83(1) of the 2002 Act applies (restriction on bringing children in);— the application is for an adoption order other than a Convention adoption order and the prospective adopters intend the child to live in a country or territory outside the British Islands after the making of the adoption order; or— the prospective adopters are relatives of the child.
A section 84 order.	The prospective adopters asking for parental responsibility prior to adoption abroad.	As for an adoption order.
A placement order (section 21 of the 2002 Act).	A local authority (section 22 of the 2002 Act).	Each parent who has parental responsibility for the child:any guardian of the child;any person in whose favour an order under the 1989 Act is in force in relation to the child;any adoption agency or voluntary organisation which has parental responsibility for, is looking after, or is caring for, the child;the child; andthe parties or any persons who are or have been parties to proceedings for a care order in respect of the child where those proceedings have led to the application for the placement order.
An order varying a placement order (section 23 of the 2002 Act).	The joint application of the local authority authorised by the placement order to place the child for adoption and the local authority which is to be substituted for that authority (section 23 of the 2002 Act).	The parties to the proceedings leading to the placement order which it is sought to have varied except the child who was the subject of those proceedings; andany person in whose favour there is provision for contact.
An order revoking a placement order (section 24 of the 2002 Act).	The child;the local authority authorised to place the child for adoption; orwhere the child is not placed for adoption by the authority, any other person who has the permission of the court to apply (section 24 of the 2002 Act).	The parties to the proceedings leading to the placement order which it is sought to have revoked; andany person in whose favour there is provision for contact.
An order under section 26 of the 2002 Act.	The child;the adoption agency;any parent, guardian or relative;any person in whose favour there was provision for contact under the 1989 Act which ceased to have effect on an adoption agency being authorised to place a child for adoption, or placing a child for adoption who is less than six weeks old (section 26(1) of the 2002 Act); if a child arrangements order was in force immediately before the adoption agency was authorised to place the child for adoption or (as the case may be) placed the child for adoption at a time when he or she was less than six weeks old, any person named in the order as a person with whom the child was to live; a person who by virtue of an order made in the exercise of the High Court's inherent jurisdiction with respect to children had care of the child immediately before that time; orany person who has the permission of the court to make the application (section 26 of the 2002 Act).	The adoption agency authorised to place the child for adoption or which has placed the child for adoption;the person with whom the child lives or is to live;each parent with parental responsibility for the child;any guardian of the child; andthe child where—— the adoption agency authorised to place the child for adoption or which has placed the child for adoption or a parent with parental responsibility for the child opposes the making of the order under section 26 of the 2002 Act;— the child opposes the making of the order under section 26 of the 2002 Act;— existing provision for contact is to be revoked;— relatives of the child do not agree to the arrangements for allowing any person contact with the child, or a person not being allowed contact with the child; or— the child is suffering or is at risk of suffering harm within the meaning of the 1989 Act.
An order varying or revoking an order under section 26 of the 2002 Act (section 27 of the 2002 Act).	The child;the adoption agency; orany person named in the order (section 27(1) of the 2002 Act).	The parties to the proceedings leading to the order which it is sought to have varied or revoked; andany person named in the order.
An order permitting the child's name to be changed or the removal of the child from the United Kingdom (section 28(2) and (3) of the 2002 Act).	Any person including the adoption agency or the local authority authorised to place, or which has placed, the child for adoption (section 28(2) of the 2002 Act).	The parties to proceedings leading to any placement order;the adoption agency authorised to place the child for adoption or which has placed the child for adoption;any prospective adopters with whom the child is living;each parent with parental responsibility for the child; andany guardian of the child.
A contact order under section 51A(2)(a) of the 2002 Act.	The child; or any person who has obtained the court’s leave to make the application.	A person who has applied for the adoption order or in whose favour the adoption order is or has been made; andAny adoption agency having parental responsibility for the child under section 25 of the 2002 Act.
An order prohibiting the person named in the order from having contact with the child (section 51A(2)(b) of the 2002 Act).	A person who has applied for the adoption order or in whose favour the adoption order is or has been made;the child; orany person who has obtained the court’s leave to make the application.	A person against whom an application is made who—(but for the child’s adoption) would be related to the child by blood (including half-blood), marriage or civil partnership;is a former guardian of the child;is a person who had parental responsibility for the child immediately before the making of the adoption order;is a person who was entitled to make an application for an order under section 26 of the 2002 Act in respect of the child (contact with children placed or to be placed for adoption) by virtue of subsection (3)(c), (d) or (e) of that section;is a person with whom the child has lived for a period of at least one year; andany adoption agency having parental responsibility for the child under section 25 of the 2002 Act.
The variation or revocation of a contact order or an order prohibiting contact under section 51A(2) of the 2002 Act (section 51B(1)(c) of that Act).	The child;a person in whose favour the adoption order was made; ora person named in the order.	The parties to the proceedings leading to the contact order or an order prohibiting contact which it is sought to have varied or revoked; andany person named in the contact order or the order prohibiting contact.
A section 88 direction.	The adopted child;the adopters;any parent; orany other person.	The adopters;the parents;the adoption agency;the local authority to whom notice under section 44 of the 2002 Act (notice of intention to apply for a section 84 order) has been given; andthe Attorney-General.
A section 89 order.	The adopters;the adopted person;any parent;the relevant Central Authority;the adoption agency;the local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given;the Secretary of State for the Home Department; orany other person.	The adopters;the parents;the adoption agency; andthe local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given.

(2) The court may at any time direct that a child, who is not already a respondent to proceedings, be made a respondent to proceedings where—

(a) the child—

(i) wishes to make an application; or

(ii) has evidence to give to the court or a legal submission to make which has not been given or made by any other party; or

(b) there are other special circumstances.

(3) The court may at any time direct that—

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

(b) a party be removed.

(4) 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

Notice of proceedings to person with foreign parental responsibility

14

(1) This rule applies where a child is subject to proceedings to which this Part applies and –

(a) a parent of the child 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 parent is not otherwise required to be joined as a respondent under rule 14.3.

(2) Subject to paragraph (2A), the applicant shall give notice of the proceedings to any parent to whom the applicant believes paragraph (1) applies in any case in which a person who was a parent with parental responsibility under the 1989 Act would be a respondent to the proceedings in accordance with rule 14.3.

(2A) Notice shall not be given to a person to whom the applicant believes paragraph (1) applies if the court directs that such notice is not necessary.

(3) Unless a direction has been made under paragraph (2A), the applicant and every respondent to the proceedings shall provide such details as they possess as to the identity and whereabouts of any parent 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 parent 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 parent to whom paragraph (1) applies receives notice of proceedings, that parent may apply to the court to be joined as a party using the Part 18 procedure.

Who is to serve

14

(1) The general rules about service in Part 6 are subject to this rule.

(2) In proceedings to which this Part applies, a document which has been issued or prepared by a court officer will be served by the court officer except where—

(a) a practice direction provides otherwise; or

(b) the court directs otherwise.

(3) Where a court officer is to serve a document, it is for the court to decide which of the methods of service specified in rule 6.23 or rule 6.23A is to be used.

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

14

(1) As soon as practicable after the application has been issued in proceedings—

(a) the court will—

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

(ii) subject to paragraph (4), set a date for the first directions hearing;

(iii) appoint a children's guardian in accordance with rule 16.3(1);

(iv) appoint a reporting officer in accordance with rule 16.30;

(v) consider whether a report relating to the welfare of the child is required, and if so, request such a report in accordance with rule 16.33;

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

(vii) do anything else that may be set out in a practice direction; and

(b) a court officer will—

(i) subject to receiving confirmation in accordance with paragraph (2)(b)(ii), give notice of any directions hearing set by the court to the parties and to any children's guardian, reporting officer or children and family reporter;

(ii) serve a copy of the application form (but, subject to sub-paragraphs (iii) and (iv), not the documents attached to it) on the persons referred to in Practice Direction 14A;

(iii) send a copy of the certified copy of the entry in the register of live-births or Adopted Children Register and any health report attached to an application for an adoption order to—

(aa) any children's guardian, reporting officer or children and family reporter; and

(bb) the local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given;

(iv) if notice under rule 14.9(2) has been given (request to dispense with consent of parent or guardian), in accordance with that rule inform the parent or guardian of the request and send a copy of the statement of facts to—

(aa) the parent or guardian;

(bb) any children's guardian, reporting officer or children and family reporter;

(cc) any local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given; and

(dd) any adoption agency which has placed the child for adoption; and

(v) do anything else that may be set out in a practice direction.

(2) In addition to the matters referred to in paragraph (1), as soon as practicable after an application for an adoption order or a section 84 order has been issued the court or the court officer will—

(a) where the child is not placed for adoption by an adoption agency—

(i) ask either the Service or the Assembly to file any relevant form of consent to an adoption order or a section 84 order; and

(ii) ask the local authority to prepare a report on the suitability of the prospective adopters if one has not already been prepared; and

(b) where the child is placed for adoption by an adoption agency, ask the adoption agency to—

(i) file any relevant form of consent to—

(aa) the child being placed for adoption;

(bb) an adoption order;

(cc) a future adoption order under section 20 of the 2002 Act; or

(dd) a section 84 order;

(ii) confirm whether a statement has been made under section 20(4)(a) of the 2002 Act (statement of wish not to be informed of any application for an adoption order) and if so, to file that statement;

(iii) file any statement made under section 20(4)(b) of the 2002 Act (withdrawal of wish not to be informed of any application for an adoption order) as soon as it is received by the adoption agency; and

(iv) prepare a report on the suitability of the prospective adopters if one has not already been prepared.

(3) In addition to the matters referred to in paragraph (1), as soon as practicable after an application for a placement order has been issued—

(a) the court will consider whether a report giving the local authority's reasons for placing the child for adoption is required, and if so, will direct the local authority to prepare such a report; and

(b) the court or the court officer will ask either the Service or the Assembly to file any form of consent to the child being placed for adoption.

(4) Where it considers it appropriate the court may, instead of setting a date for a first directions hearing, give the directions provided for by rule 14.8.

Date for first directions hearing

14

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

14

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

(a) fix a timetable for the proceedings including a timetable for the filing of—

(i) any report relating to the suitability of the applicants to adopt a child;

(ii) any report from the local authority;

(iii) any report from a children's guardian, reporting officer or children and family reporter;

(iv) if a statement of facts has been filed, any amended statement of facts;

(v) any other evidence, and

(vi) give directions relating to the reports and other evidence;

(b) consider whether the child or any other person should be a party to the proceedings and, if so, give directions in accordance with rule 14.3(2) or (3) joining that child or person as a party;

(c) give directions relating to the appointment of a litigation friend for any protected party or child who is a party to, but not the subject of, proceedings unless a litigation friend has already been appointed;

(d) consider in accordance with rule 29.17 whether the case needs to be transferred to another court and, if so, give directions to transfer the proceedings to another court ...;

(e) give directions about—

(i) tracing parents or any other person the court considers to be relevant to the proceedings;

(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.

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