The Family Procedure Rules 2010

(Rule 3.4 makes provision in relation to cases in which the court considers non-court dispute resolution is appropriate.)

• (2) Rule 14.13(2) applies to any direction given under paragraph (1)(e)(iii) as it applies to a direction given under rule 14.13(1).

• (3) In addition to the matters referred to in paragraph (1), the court will give any of the directions listed in Practice Direction 14B in proceedings for—

• (a) a Convention adoption order;

• (b) a section 84 order;

• (c) a section 88 direction;

• (d) a section 89 order; or

• (e) an adoption order where section 83(1) of the 2002 Act applies (restriction on bringing children in).

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

• (5) 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 any children's guardian or, where the direction concerns a report by a reporting officer or children and family reporter, the reporting officer or children and family reporter.

• (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 any children's guardian, reporting officer or children and family reporter.

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

Requesting the court to dispense with the consent of any parent or guardian

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• (1) This rule applies where the applicant wants to ask the court to dispense with the consent of any parent or guardian of a child to—

• (a) the child being placed for adoption;

• (b) the making of an adoption order except a Convention adoption order; or

• (c) the making of a section 84 order.

• (2) The applicant requesting the court to dispense with the consent must—

• (a) give notice of the request in the application form or at any later stage by filing a written request setting out the reasons for the request; and

• (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—

• (i) the parent or guardian cannot be found or is incapable of giving consent; or

• (ii) the welfare of the child requires the consent to be dispensed with.

• (3) If a serial number has been assigned to the applicant under rule 14.2, the statement of facts supplied under paragraph (2)(b) must be framed so that it does not disclose the identity of the applicant.

• (4) On receipt of the notice of the request—

• (a) a court officer will—

• (i) inform the parent or guardian of the request unless the parent or guardian cannot be found; and

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

• (aa) the parent or guardian unless the parent or guardian cannot be found;

• (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

• (b) if the applicant considers that the parent or guardian is incapable of giving consent, the court will consider whether to—

• (i) appoint a litigation friend for the parent or guardian under rule 15.6(1); or

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

• (iii) unless a litigation friend is already appointed for that parent or guardian.

Consent

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• (1) Consent of any parent or guardian of a child—

• (a) under section 19 of the 2002 Act, to the child being placed for adoption; and

• (b) under section 20 of the 2002 Act, to the making of a future adoption order,

must be given in the form referred to in Practice Direction 5A or a form to the like effect.

• (2) Subject to paragraph (3), consent—

• (a) to the making of an adoption order; or

• (b) to the making of a section 84 order,

may be given in the form referred to in Practice Direction 5A or a form to the like effect or otherwise as the court directs.

• (3) Any consent to a Convention adoption order must be in a form which complies with the internal law relating to adoption of the Convention country of which the child is habitually resident.

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

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

• (6) Any form of consent 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 by the adoption agency or local authority

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• (1) The adoption agency or local authority must file the report on the suitability of the applicant to adopt a child within the timetable fixed by the court.

• (2) A local authority that is directed to prepare a report on the placement of the child for adoption must file that report within the timetable fixed by the court.

• (3) The reports must cover the matters specified in Practice Direction 14C.

• (4) The court may at any stage request a further report or ask the adoption agency or local authority to assist the court in any other manner.

• (5) A court officer will send a copy of any report referred to in this rule to any children's guardian, reporting officer or children and family reporter.

• (6) A report to the court under this rule is confidential.

Health reports

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• (1) Reports by a registered medical practitioner (“health reports”) made not more than 3 months earlier on the health of the child and of each applicant must be attached to an application for an adoption order or a section 84 order except where—

• (a) the child was placed for adoption with the applicant by an adoption agency;

• (b) the applicant or one of the applicants is a parent of the child; or

• (c) the applicant is the partner of a parent of the child.

• (2) Health reports must contain the matters set out in Practice Direction 14D.

• (3) A health report is confidential.

Confidential reports to the court and disclosure to the parties

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• (1) The court will consider whether to give a direction that a confidential report 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—

• (a) discloses, or is likely to disclose, the identity of a person who has been assigned a serial number under rule 14.2(2) or (3); or

• (b) 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 will not be disclosed to a party.

Communication of information relating to proceedings

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For the purposes of the law relating to contempt of court, information (whether or not it is recorded in any form) relating to proceedings held in private may be communicated—

• (a) where the court gives permission , including as provided for under rule 14.14A;

• (b) unless the court directs otherwise, in accordance with Practice Direction 14E; or

• (c) 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) a 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; or

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

Communication of information with permission of the court

14.14A

Practice Direction 14G makes provision in relation to the court giving permission to communicate information from proceedings.

Notice of final hearing

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A court officer will give notice to the parties, any children's guardian, reporting officer or children and family reporter and to any other person to whom a practice direction may require such notice to be given—

• (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 14.15 may attend the final hearing and, subject to paragraph (2), be heard on the question of whether an order should be made.

• (2) A person whose application for the permission of the court to oppose the making of an adoption order under section 47(3) or (5) of the 2002 Act has been refused is not entitled to be heard on the question of whether an order should be made.

• (3) Any member or employee of a party which is a local authority, adoption agency or other body may address the court at the final hearing if authorised to do so.

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

• (5) Paragraphs (6) and (7) apply to—

• (a) an adoption order;

• (b) a section 84 order; or

• (c) a section 89 order.

• (6) Subject to paragraphs (7) and (8), the court cannot make an order unless the applicant and the child personally attend the final hearing.

• (7) The court may direct that the applicant or the child need not attend the final hearing.

• (8) In a case of adoption by a couple under section 50 of the 2002 Act, the court may make an adoption order after personal attendance of one only of the applicants if there are special circumstances.

• (9) The court cannot make a placement order unless a legal representative of the applicant attends the 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 consent—

• (a) to the child being placed for adoption;

• (b) to the making of an adoption order; or

• (c) to the making of a section 84 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 consent 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 consent.

• (3) Where the child is already an adopted child paragraph (2) will have effect as if for the references to the registers of live-births there were substituted references to the Adopted Children Register.

• (4) Subject to paragraph (7), 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.

• (5) The probable date of the child's birth may be specified in the placement order, adoption order or section 84 order as the date of the child's birth.

• (6) Subject to paragraph (7), 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 sits 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 placement order, adoption order or section 84 order.

• (7) A placement order identifying the probable date and place of birth of the child will be sufficient proof of the date and place of birth of the child in adoption proceedings and proceedings for a section 84 order.

Disclosing information to an adopted adult

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• (1) The adopted person has the right, on request, to receive from the court which made the adoption order a copy of the following—

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

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

• (c) orders containing any provision for contact with the child after the adoption order was made; and

• (d) any other document or order referred to in Practice Direction 14F.

• (2) The court will remove any protected information from any copy of a document or order referred to in paragraph (1) before the copies are given to the adopted person.

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

• (4) In this rule “protected information” means information which would be protected information under section 57(3) of the 2002 Act if the adoption agency gave the information and not the court.

Translation of documents

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• (1) Where a translation of any document is required for the purposes of proceedings for a Convention adoption order the translation must—

• (a) unless the court directs otherwise, be provided by the applicant; and

• (b) be signed by the translator to certify that the translation is accurate.

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

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 will proceed in accordance with rules 14.1 to 14.17.

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

• (a) in a case where—

• (i) placement proceedings;

• (ii) adoption proceedings; or

• (iii) proceedings for a section 84 order,

are pending, all parties to those proceedings;

• (b) any adoption agency authorised to place the child for adoption or which has placed the child for adoption;

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

• (d) any person having parental responsibility for the child;

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

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

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

Notice to fathers without parental responsibility

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Where no proceedings have started an adoption agency or local authority may ask the court for directions on the need to give a father without parental responsibility notice of the intention to place a child for adoption.

Timing of applications for section 89 order

14

An application for a section 89 order must be made within 2 years beginning with the date on which—

• (a) the Convention adoption or Convention adoption order; or

• (b) the overseas adoption or determination under section 91 of the 2002 Act,

to which it relates was made.

Custody of documents

14

All documents relating to proceedings under the 2002 Act must, while they are in the custody of the court, be kept in a place of special security.

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

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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 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, will be taken by or given to any person.

Orders

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• (1) An 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.

(Rule 37.9 makes provision for the court to endorse an order prohibiting contact under section 51A(2)(b) of the 2002 Act with a penal notice on the application of the person entitled to enforce the order.)

Copies of orders

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• (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—

• (i) an adoption order;

• (ii) a section 89 order; or

• (iii) an order quashing or revoking an adoption order or allowing an appeal against an adoption order,

to the Registrar General;

• (c) a copy of a Convention adoption order to the relevant Central Authority;

• (d) a copy of a section 89 order relating to a Convention adoption order or a Convention adoption to the—

• (i) relevant Central Authority;

• (ii) adopters;

• (iii) adoption agency; and

• (iv) local authority;

• (e) unless the court directs otherwise, a copy of an under section 26 of the 2002 Act or a variation or revocation of such order under section 27 of the 2002 Act to the—

• (i) person with whom the child is living;

• (ii) adoption agency; and

• (iii) local authority; ...

• (ee) unless the court directs otherwise, a copy of a contact order under section 51A(2)(a) of the 2002 Act, an order prohibiting contact under section 51A(2)(b) of that Act or a variation or revocation of such orders under section 51B(1)(c) of that Act to the parties to the proceedings; and

• (f) a notice of the making or refusal of—

• (i) the final order; or

• (ii) an order quashing or revoking an adoption 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 an adoption order or a section 84 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 the following persons or bodies, unless the court directs otherwise—

• (a) all the parties to those proceedings;

• (b) any children and family reporter appointed in those proceedings;

• (c) any adoption agency or local authority which has prepared a report on the suitability of an applicant to adopt a child;

• (d) any local authority which has prepared a report on placement for adoption.

• (5) If an order has been drawn up in Welsh as well as English in accordance with rule 14.25(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

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• (1) Subject to paragraph (2), an application under—

• (a) section 55 of the 2002 Act (revocation of adoptions on legitimation); or

• (b) paragraph 4 of Schedule 1 to the 2002 Act (amendment of adoption order and revocation of direction),

may be made without serving a copy of the application notice.

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

• (3) Where the court makes an order granting the application, a court officer will 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.

Keeping registers in the family proceedings court

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

PART 15 — REPRESENTATION OF PROTECTED PARTIES

Application of this Part

15

This Part contains special provisions which apply in proceedings involving protected parties.

Requirement for litigation friend in proceedings

15

A protected party must have a litigation friend to conduct proceedings on that party's behalf.

Stage of proceedings at which a litigation friend becomes necessary

15

• (1) A person may not without the permission of the court take any step in proceedings except—

• (a) filing an application form; or

• (b) applying for the appointment of a litigation friend under rule 15.6,

until the protected party has a litigation friend.

• (2) If during proceedings a party lacks capacity (within the meaning of the 2005 Act) to continue to conduct proceedings, no party may take any step in proceedings without the permission of the court until the protected party has a litigation friend.

• (3) Any step taken before a protected party has a litigation friend has no effect unless the court orders otherwise.

Who may be a litigation friend for a protected party without a court order

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• (1) This rule does not apply if the court has appointed a person to be a litigation friend.

• (2) A person with authority as a deputy to conduct the proceedings in the name of a protected party or on that party's behalf is entitled to be the litigation friend of the protected party in any proceedings to which that person's authority extends.

• (3) If there is no person with authority as a deputy to conduct the proceedings in the name of a protected party or on that party's behalf, a person may act as a litigation friend if that person—

• (a) can fairly and competently conduct proceedings on behalf of the protected party;

• (b) has no interest adverse to that of the protected party; and

• (c) subject to paragraph (4), undertakes to pay any costs which the protected party may be ordered to pay in relation to the proceedings, subject to any right that person may have to be repaid from the assets of the protected party.

• (4) Paragraph (3)(c) does not apply to the Official Solicitor. (“deputy” is defined in rule 2.3.)

How a person becomes a litigation friend without a court order

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• (1) If the court has not appointed a litigation friend, a person who wishes to act as a litigation friend must follow the procedure set out in this rule.

• (2) A person with authority as a deputy to conduct the proceedings in the name of a protected party or on that party's behalf must file an official copy(GL) of the order, declaration or other document which confers that person's authority to act.

• (3) Any other person must file a certificate of suitability stating that that person satisfies the conditions specified in rule 15.4(3).

• (4) A person who is to act as a litigation friend must file—

• (a) the document conferring that person's authority to act; or

• (b) the certificate of suitability,

at the time when that person first takes a step in the proceedings on behalf of the protected party.

• (5) A court officer will send the certificate of suitability to every person on whom, in accordance with rule 6.28, the application form should be served.

• (6) This rule does not apply to the Official Solicitor.

How a person becomes a litigation friend by court order

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• (1) The court may, if the person to be appointed so consents, make an order appointing—

• (a) a person other than the Official Solicitor; or

• (b) the Official Solicitor,

as a litigation friend.

• (2) An order appointing a litigation friend may be made by the court of its own initiative or on the application of—

• (a) a person who wishes to be a litigation friend; or

• (b) a party to the proceedings.

• (3) The court may at any time direct that a party make an application for an order under paragraph (2).

• (4) An application for an order appointing a litigation friend must be supported by evidence.

• (5) Unless the court directs otherwise, a person appointed under this rule to be a litigation friend for a protected party will be treated as a party for the purpose of any provision in these rules requiring a document to be served on, or sent to, or notice to be given to, a party to the proceedings.

• (6) Subject to rule 15.4(4), the court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed complies with the conditions specified in rule 15.4(3).

Court's power to change litigation friend and to prevent person acting as litigation friend

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• (1) The court may—

• (a) direct that a person may not act as a litigation friend;

• (b) terminate a litigation friend's appointment; or

• (c) appoint a new litigation friend in substitution for an existing one.

• (2) An application for an order or direction under paragraph (1) must be supported by evidence.

• (3) Subject to rule 15.4(4), the court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed complies with the conditions specified in rule 15.4(3).

Appointment of litigation friend by court order – supplementary

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• (1) A copy of the application for an order under rule 15.6 or 15.7 must be sent by a court officer to—

• (a) every person on whom, in accordance with rule 6.28, the application form should be served; and

• (b) unless the court directs otherwise, the protected party.

• (2) A copy of an application for an order under rule 15.7 must also be sent to—

• (a) the person who is the litigation friend, or who is purporting to act as the litigation friend when the application is made; and

• (b) the person, if not the applicant, who it is proposed should be the litigation friend.

Procedure where appointment of litigation friend comes to an end

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• (1) When a party ceases to be a protected party, the litigation friend's appointment continues until it is brought to an end by a court order.

• (2) An application for an order under paragraph (1) may be made by—

• (a) the former protected party;

• (b) the litigation friend; or

• (c) a party.

• (3) On the making of an order under paragraph (1), the court officer will send a notice to the other parties stating that the appointment of the protected party's litigation friend to act has ended.

PART 16 — REPRESENTATION OF CHILDREN AND REPORTS IN PROCEEDINGS INVOLVING CHILDREN

CHAPTER 1 — APPLICATION OF THIS PART

Application of this Part

16

This Part—

• (a) sets out when the court will make a child a party in family proceedings; and

• (b) contains special provisions which apply in proceedings involving children.

CHAPTER 2 — CHILD AS PARTY IN FAMILY PROCEEDINGS

When the court may make a child a party to proceedings

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• (1) The court may make a child a party to proceedings if it considers it is in the best interests of the child to do so.

• (2) This rule does not apply to a child who is the subject of proceedings—

• (a) which are specified proceedings; or

• (b) to which Part 14 applies.

(The Practice Direction 16A sets out the matters which the court will take into consideration before making a child a party under this rule.)

CHAPTER 3 — WHEN A CHILDREN'S GUARDIAN OR LITIGATION FRIEND WILL BE APPOINTED

Appointment of a children's guardian in specified proceedings or proceedings to which Part 14 applies

16

• (1) Unless it is satisfied that it is not necessary to do so to safeguard the interests of the child, the court must appoint a children's guardian for a child who is—

• (a) the subject of; and

• (b) a party to,

proceedings—

• (i) which are specified proceedings; or

• (ii) to which Part 14 applies.

(Rules 12.6 and 14.6 set out the point in the proceedings when the court will appoint a children's guardian in specified proceedings and proceedings to which Part 14 applies respectively.)

• (2) At any stage in the proceedings—

• (a) a party may apply, without notice to the other parties unless the court directs otherwise, for the appointment of a children's guardian; or

• (b) the court may of its own initiative appoint a children's guardian.

• (3) Where the court refuses an application under paragraph (2)(a) it will give reasons for the refusal and the court or a court officer will—

• (a) record the refusal and the reasons for it; and

• (b) as soon as practicable, notify the parties and either the Service or the Assembly of a decision not to appoint a children's guardian.

• (4) When appointing a children's guardian the court will consider the appointment of anyone who has previously acted as a children's guardian of the same child.

• (5) Where the court appoints a children's guardian in accordance with this rule, the provisions of Chapter 6 of this Part apply.

Appointment of a children's guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies

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• (1) Except in proceedings under section 55A of the 1986 Act and without prejudice to rule ... 16.6, the court must appoint a children's guardian for a child who is the subject of proceedings, which are not proceedings of a type referred to in rule 16.3(1), if—

• (a) the child is an applicant in the proceedings;

• (b) a provision in these rules provides for the child to be a party to the proceedings; or

• (c) the court has made the child a party in accordance with rule16.2.

• (1A) Without prejudice to rule 16.6, in proceedings under section 55A of the 1986 Act, the court must appoint a children’s guardian for a child where—

• (a) the court has made the child a party in accordance with rule 16.2; and

• (b) the child is the person whose parentage is in dispute in those proceedings.

• (2) The provisions of Chapter 7 of this Part apply where the appointment of a children's guardian is required in accordance with paragraph (1) or paragraph (1A). (“children's guardian” is defined in rule 2.3.)

Requirement for a litigation friend

16

• (1) Except in proceedings under section 55A of the 1986 Act and without prejudice to rule 16.6, where a child is—

• (a) a party to proceedings; but

• (b) not the subject of those proceedings,

• (1A) Without prejudice to rule 16.6, where a child is—

• (a) a party to proceedings under section 55A of the 1986 Act; but

• (b) not the person whose parentage is in dispute in those proceedings,

the child must have a litigation friend to conduct proceedings on the child’s behalf.

the child must have a litigation friend to conduct proceedings on the child's behalf.

• (2) The provisions of Chapter 5 of this Part apply where a litigation friend is required in accordance with paragraph (1) or paragraph (1A).

CHAPTER 4 — WHERE A CHILDREN'S GUARDIAN OR LITIGATION FRIEND IS NOT REQUIRED

Circumstances in which a child does not need a children's guardian or litigation friend

16

• (1) Subject to paragraph (2), a child may conduct proceedings without a children's guardian or litigation friend where the proceedings are proceedings—

• (a) under the 1989 Act;

• (b) to which Part 11 (applications under Part 4A of the Family Law Act 1996 or Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003) or Part 14 (applications in adoption, placement and related proceedings) of these rules apply; ...

• (c) relating to the exercise of the court's inherent jurisdiction with respect to children; or

• (d) under section 55A of the 1986 Act,

and one of the conditions set out in paragraph (3) is satisfied.

• (2) Paragraph (1) does not apply where the child is the subject of and a party to proceedings—

• (a) which are specified proceedings; or

• (b) to which Part 14 applies.

• (3) The conditions referred to in paragraph (1) are that either—

• (a) the child has obtained the court's permission; or

• (b) a solicitor—

• (i) considers that the child is able, having regard to the child's understanding, to give instructions in relation to the proceedings; and

• (ii) has accepted instructions from that child to act for that child in the proceedings and, if the proceedings have begun, the solicitor is already acting.

• (4) An application for permission under paragraph (3)(a) may be made by the child without notice.

• (5) Where a child—

• (a) has a litigation friend or children's guardian in proceedings to which this rule applies; and

• (b) wishes to conduct the remaining stages of the proceedings without the litigation friend or children's guardian,

the child may apply to the court, on notice to the litigation friend or children's guardian, for permission for that purpose and for the removal of the litigation friend or children's guardian.

• (6) The court will grant an application under paragraph (3)(a) or (5) if it considers that the child has sufficient understanding to conduct the proceedings concerned or proposed without a litigation friend or children's guardian.

• (7) In exercising its powers under paragraph (6) the court may require the litigation friend or children's guardian to take such part in the proceedings as the court directs.

• (8) The court may revoke any permission granted under paragraph (3)(a) where it considers that the child does not have sufficient understanding to participate as a party in the proceedings concerned without a litigation friend or children's guardian.

• (9) Where a solicitor is acting for a child in proceedings without a litigation friend or children's guardian by virtue of paragraph (3)(b) and either of the conditions specified in paragraph (3)(b)(i) or (ii) cease to be fulfilled, the solicitor must inform the court immediately.

• (10) Where—

• (a) the court revokes any permission under paragraph (8); or

• (b) either of the conditions specified in paragraph (3)(b)(i) or (ii) is no longer fulfilled,

the court may, if it considers it necessary in order to protect the interests of the child concerned, appoint a person to be that child's litigation friend or children's guardian.

CHAPTER 5 — LITIGATION FRIEND

Application of this Chapter

16

This Chapter applies where a child must have a litigation friend to conduct proceedings on the child's behalf in accordance with rule 16.5.

Stage of proceedings at which a litigation friend becomes necessary

16

• (1) This rule does not apply in relation to a child who is conducting proceedings without a litigation friend in accordance with rule 16.6.

• (2) A person may not without the permission of the court take any step in proceedings except—

• (a) filing an application form; or

• (b) applying for the appointment of a litigation friend under rule 16.11,

until the child has a litigation friend.

• (3) Any step taken before a child has a litigation friend has no effect unless the court orders otherwise.

Who may be a litigation friend for a child without a court order

16

• (1) This rule does not apply if the court has appointed a person to be a litigation friend.

• (2) A person may act as a litigation friend if that person—

• (a) can fairly and competently conduct proceedings on behalf of the child;

• (b) has no interest adverse to that of the child; and

• (c) subject to paragraph (3), undertakes to pay any costs which the child may be ordered to pay in relation to the proceedings, subject to any right that person may have to be repaid from the assets of the child.

• (3) Paragraph (2)(c) does not apply to the Official Solicitor, an officer of the Service or a Welsh family proceedings officer.

How a person becomes a litigation friend without a court order

16

• (1) If the court has not appointed a litigation friend, a person who wishes to act as such must file a certificate of suitability stating that that person satisfies the conditions specified in rule 16.9(2).

• (2) The certificate of suitability must be filed at the time when the person who wishes to act as litigation friend first takes a step in the proceedings on behalf of the child.

• (3) A court officer will send the certificate of suitability to every person on whom, in accordance with rule 6.28, the application form should be served.

• (4) This rule does not apply to the Official Solicitor, an officer of the Service or a Welsh family proceedings officer.

Appointment of litigation friend by the court

16

• (1) The court may, if the person to be appointed consents, make an order appointing as a litigation friend—

• (a) the Official Solicitor;

• (b) an officer of the Service or a Welsh family proceedings officer; or

• (c) some other person.

• (2) An order appointing a litigation friend may be made by the court of its own initiative or on the application of—

• (a) a person who wishes to be a litigation friend; or

• (b) a party to the proceedings.

• (3) The court may at any time direct that a party make an application for an order under paragraph (2).

• (4) An application for an order appointing a litigation friend must be supported by evidence.

• (5) Unless the court directs otherwise, a person appointed under this rule to be a litigation friend for a child will be treated as a party for the purpose of any provision in these rules requiring a document to be served on, or sent to, or notice to be given to, a party to the proceedings.

• (6) Subject to rule 16.9(3), the court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed complies with the conditions specified in rule 16.9(2).

• (7) This rule is without prejudice to rule 16.6.

Court's power to change litigation friend and to prevent person acting as litigation friend

16

• (1) The court may—

• (a) direct that a person may not act as a litigation friend;

• (b) terminate a litigation friend's appointment; or

• (c) appoint a new litigation friend in substitution for an existing one.

• (2) An application for an order or direction under paragraph (1) must be supported by evidence.

• (3) Subject to rule 16.9(3), the court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed complies with the conditions specified in rule 16.9(2).

Appointment of litigation friend by court order – supplementary

16

• (1) A copy of the application for an order under rule 16.11 or 16.12 must be sent by a court officer to every person on whom, in accordance with rule 6.28, the application form should be served.

• (2) A copy of an application for an order under rule 16.12 must also be sent to—

• (a) the person who is the litigation friend, or who is purporting to act as the litigation friend when the application is made; and

• (b) the person, if not the applicant, who it is proposed should be the litigation friend.

Powers and duties of litigation friend

16

• (1) The litigation friend—

• (a) has the powers and duties set out in Practice Direction 16A; and

• (b) must exercise those powers and duties in accordance with Practice Direction 16A.

• (2) Where the litigation friend is an officer of the Service or a Welsh family proceedings officer, rule 16.20 applies as it applies to a children's guardian appointed in accordance with Chapter 6.

Procedure where appointment of litigation friend comes to an end

16

• (1) When a child who is not a protected party reaches the age of 18, a litigation friend's appointment comes to an end.

• (2) A court officer will send a notice to the other parties stating that the appointment of the child's litigation friend to act has ended.

CHAPTER 6 — CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.3

Application of this Chapter

16

This Chapter applies where the court must appoint a children's guardian in accordance with rule 16.3.

Who may be a children's guardian

16

Where the court is appointing a children's guardian under rule 16.3 it will appoint an officer of the Service or a Welsh family proceedings officer.

What the court or a court officer will do once the court has made a decision about appointing a children's guardian

16

• (1) Where the court appoints a children's guardian under rule 16.3 a court officer will record the appointment and, as soon as practicable, will—

• (a) inform the parties and either the Service or the Assembly; and

• (b) unless it has already been sent, send the children's guardian a copy of the application and copies of any document filed with the court in the proceedings.

• (2) A court officer has a continuing duty to send the children's guardian a copy of any other document filed with the court during the course of the proceedings.

Termination of the appointment of the children's guardian

16

• (1) The appointment of a children's guardian under rule 16.3 continues for such time as is specified in the appointment or until terminated by the court.

• (2) When terminating an appointment in accordance with paragraph (1), the court will give reasons for doing so, a note of which will be taken by the court or a court officer.

Powers and duties of the children's guardian

16

• (1) The children's guardian is to act on behalf of the child upon the hearing of any application in proceedings to which this Chapter applies with the duty of safeguarding the interests of the child.

• (2) The children's guardian must also provide the court with such other assistance as it may require.

• (3) The children's guardian, when carrying out duties in relation to specified proceedings, other than placement proceedings, must have regard to the principle set out in section 1(2) and the matters set out in section 1(3)(a) to (f) of the 1989 Act as if for the word “court” in that section there were substituted the words “children's guardian”.

• (4) The children's guardian, when carrying out duties in relation to proceedings to which Part 14 applies, must have regard to the principle set out in section 1(3) and the matters set out in section 1(4)(a) to (f) of the 2002 Act as if for the word “court” in that section there were substituted the words “children's guardian”.

• (5) The children's guardian's duties must be exercised in accordance with Practice Direction 16A.

• (6) A report to the court by the children's guardian is confidential.

Where the child instructs a solicitor or conducts proceedings on the child's own behalf

16

• (1) Where it appears to the children's guardian that the child—

• (a) is instructing a solicitor direct; or

• (b) intends to conduct and is capable of conducting the proceedings on that child's own behalf,

the children's guardian must inform the court of that fact.

• (2) Where paragraph (1) applies the children's guardian—

• (a) must perform such additional duties as the court may direct;

• (b) must take such part in the proceedings as the court may direct; and

• (c) may, with the permission of the court, have legal representation in the conduct of those duties.

CHAPTER 7 — CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.4

Application of this Chapter

16

This Chapter applies where the court must appoint a children's guardian under rule 16.4.

Stage of proceedings at which a children's guardian becomes necessary

16

• (1) This rule does not apply in relation to a child who is conducting proceedings without a children's guardian in accordance with rule 16.6.

• (2) A person may not without the permission of the court take any step in proceedings except—

• (a) filing an application form; or

• (b) applying for the appointment of a children's guardian under rule 16.24,

until the child has a children's guardian.

• (3) Any step taken before a child has a children's guardian has no effect unless the court orders otherwise.

Appointment of a children's guardian

16

• (1) The court may make an order appointing as a children's guardian, an officer of the Service or a Welsh family proceedings officer or, if the person to be appointed consents —

• (a) a person other than the Official Solicitor; or

• (b) the Official Solicitor.

• (2) An order appointing a children's guardian may be made by the court of its own initiative or on the application of—

• (a) a person who wishes to be a children's guardian; or

• (b) a party to the proceedings.

• (3) The court may at any time direct that a party make an application for an order under paragraph (2).

• (4) An application for an order appointing a children's guardian must be supported by evidence.

• (5) The court may not appoint a children's guardian under this rule unless it is satisfied that that person—

• (a) can fairly and competently conduct proceedings on behalf of the child;

• (b) has no interest adverse to that of the child; and

• (c) subject to paragraph (6), undertakes to pay any costs which the child may be ordered to pay in relation to the proceedings, subject to any right that person may have to be repaid from the assets of the child.

• (6) Paragraph (5)(c) does not apply to the Official Solicitor, an officer of the Service or a Welsh family proceedings officer.

• (7) This rule is without prejudice to rule 16.6 and rule 9.11. (Rule 9.11 provides for a child to be separately represented in certain applications for a financial remedy.)

Court's power to change children's guardian and to prevent person acting as children's guardian

16

• (1) The court may—

• (a) direct that a person may not act as a children's guardian;

• (b) terminate the appointment of a children's guardian; or

• (c) appoint a new children's guardian in substitution for an existing one.

• (2) An application for an order or direction under paragraph (1) must be supported by evidence.

• (3) Subject to rule 16.24(6), the court may not appoint a children's guardian under this rule unless it is satisfied that the person to be appointed complies with the conditions specified in rule 16.24(5).

Appointment of children's guardian by court order – supplementary

16

• (1) A copy of the application for an order under rule 16.24 or 16.25 must be sent by a court officer to every person on whom, in accordance with rule6.28, the application form should be served.

• (2) A copy of an application for an order under rule 16.25 must also be sent to—

• (a) the person who is the children's guardian, or who is purporting to act as the children's guardian when the application is made; and

• (b) the person, if not the applicant, who it is proposed should be the children's guardian.

Powers and duties of children's guardian

16

• (1) The children's guardian—

• (a) has the powers and duties set out in Practice Direction 16A; and

• (b) must exercise those powers and duties in accordance with Practice Direction 16A.

• (2) Where the children's guardian is an officer of the Service or a Welsh family proceedings officer, rule 16.20 applies to a children's guardian appointed in accordance with this Chapter as it applies to a children's guardian appointed in accordance with Chapter 6.

Procedure where appointment of children's guardian comes to an end

16

• (1) When a child reaches the age of 18, the appointment of a children's guardian comes to an end.

• (2) A court officer will send a notice to the other parties stating that the appointment of the child's children's guardian to act has ended.

CHAPTER 8 — DUTIES OF SOLICITOR ACTING FOR THE CHILD

Solicitor for child

16

• (1) Subject to paragraphs (2) and (4), a solicitor appointed—

• (a) under section 41(3) of the 1989 Act; or

• (b) by the children's guardian in accordance with the Practice Direction 16A,

must represent the child in accordance with instructions received from the children's guardian.

• (2) If a solicitor appointed as mentioned in paragraph (1) considers, having taken into account the matters referred to in paragraph (3), that the child—

• (a) wishes to give instructions which conflict with those of the children's guardian; and

• (b) is able, having regard to the child's understanding, to give such instructions on the child's own behalf,

the solicitor must conduct the proceedings in accordance with instructions received from the child.

• (3) The matters the solicitor must take into account for the purposes of paragraph (2) are—

• (a) the views of the children's guardian; and

• (b) any direction given by the court to the children's guardian concerning the part to be taken by the children's guardian in the proceedings.

• (4) Where—

• (a) no children's guardian has been appointed; and

• (b) the condition in section 41(4)(b) of the 1989 Act is satisfied,

a solicitor appointed under section 41(3) of the 1989 Act must represent the child in accordance with instructions received from the child.

• (5) Where a solicitor appointed as mentioned in paragraph (1) receives no instructions under paragraphs (1), (2) or (4), the solicitor must represent the child in furtherance of the best interests of the child.

• (6) A solicitor appointed under section 41(3) of the 1989 Act or by the children's guardian in accordance with Practice Direction 16A must serve documents, and accept service of documents, on behalf of the child in accordance with rule 6.31 and, where the child has not been served separately and has sufficient understanding, advise the child of the contents of any document so served.

• (7) Where the child wishes an appointment of a solicitor—

• (a) under section 41(3) of the 1989 Act; or

• (b) by the children's guardian in accordance with the Practice Direction 16A,

to be terminated—

• (i) the child may apply to the court for an order terminating the appointment; and

• (ii) the solicitor and the children's guardian will be given an opportunity to make representations.

• (8) Where the children's guardian wishes an appointment of a solicitor under section 41(3) of the 1989 Act to be terminated—

• (a) the children's guardian may apply to the court for an order terminating the appointment; and

• (b) the solicitor and, if of sufficient understanding, the child, will be given an opportunity to make representations.

• (9) When terminating an appointment in accordance with paragraph (7) or (8), the court will give its reasons for so doing, a note of which will be taken by the court or a court officer.

• (10) The court or a court officer will record the appointment under section 41(3) of the 1989 Act or the refusal to make the appointment.

CHAPTER 9 — REPORTING OFFICER

When the court appoints a reporting officer

16

In proceedings to which Part 14 applies, the court will appoint a reporting officer where—

• (a) it appears that a parent or guardian of the child is willing to consent to the placing of the child for adoption, to the making of an adoption order or to a section 84 order; and

• (b) that parent or guardian is in England or Wales.

Appointment of the same reporting officer in respect of two or more parents or guardians

16

The same person may be appointed as the reporting officer for two or more parents or guardians of the child.

The duties of the reporting officer

16

• (1) The reporting officer must witness the signature by a parent or guardian on the document in which consent is given to—

• (a) the placing of the child for adoption;

• (b) the making of an adoption order; or

• (c) the making of a section 84 order.

• (2) The reporting officer must carry out such other duties as are set out in Practice Direction 16A.

• (3) A report to the court by the reporting officer is confidential.

• (4) The reporting officer's duties must be exercised in accordance with Practice Direction 16A.

CHAPTER 10 — CHILDREN AND FAMILY REPORTER AND WELFARE OFFICER

Request by court for a welfare report in respect of the child

16

• (1) Where the court is considering an application for an order in proceedings, the court may ask—

• (a) in proceedings to which Parts 12 and 14 apply, a children and family reporter; or

• (b) in proceedings to which Part 12 applies, a welfare officer,

to prepare a report on matters relating to the welfare of the child, and, in this rule, the person preparing the report is called “the officer”.

• (2) It is the duty of the officer to—

• (a) comply with any request for a report under this rule; and

• (b) provide the court with such other assistance as it may require.

• (3) A report to the court under this rule is confidential.

• (4) The officer, when carrying out duties in relation to proceedings under the 1989 Act, must have regard to the principle set out in section 1(2) and the matters set out in section 1(3)(a) to (f) of that Act as if for the word “court” in that section there were substituted the words “children and family reporter” or “welfare officer” as the case may be.

• (5) A party may question the officer about oral or written advice tendered by that officer to the court.

• (6) The court officer will notify the officer of a direction given at a hearing at which—

• (a) the officer is not present; and

• (b) the welfare report is considered.

• (7) The officer's duties must be exercised in accordance with Practice Direction 16A (“children and family reporter” and “welfare officer” are defined in rule 2.3)

CHAPTER 11 — PARENTAL ORDER REPORTER

When the court appoints a parental order reporter

16

In proceedings to which Part 13 applies, the court will appoint a parental order reporter in accordance with rule 13.5.

Powers and duties of the parental order reporter

16

• (1) The parental order reporter is to act on behalf of the child upon the hearing of any application in proceedings to which Part 13 applies with the duty of safeguarding the interests of the child.

• (2) The parental order reporter must—

• (a) investigate in the case of a parental order under—

• (i) section 54(1) of the 2008 Act, the matters set out in section 54(1) to (8) of that Act;

• (ii) section 54A(1) of the 2008 Act, the matters set out in section 54A(1) to (7) of that Act;

• (b) so far as the parental order reporter considers necessary, investigate any matter contained in the application form or other matter which appears relevant to the making of the parental order; and

• (c) advise the court on whether there is any reason under section 1 of the 2002 Act (as applied with modifications by the Human Fertilisation and Embryology (Parental Orders) Regulations 2010) to refuse the parental order.

• (3) The parental order reporter must also provide the court with such other assistance as it may require.

• (4) The parental order reporter's duties must be exercised in accordance with Practice Direction 16A.

• (5) A report to the court by the parental order reporter is confidential.

CHAPTER 12 — SUPPLEMENTARY APPOINTMENT PROVISIONS

Persons who may not be appointed as children's guardian, reporting officer or children and family reporter

16

• (1) In specified proceedings (except where paragraph (2) applies), adoption proceedings or proceedings for a section 84 order or a section 89 order, no person may be appointed as a children's guardian, reporting officer or children and family reporter who—

• (a) is a member, officer or servant of a local authority which is a party to the proceedings;

• (b) is, or has been, a member, officer or servant of a local authority or voluntary organisation who has been directly concerned in that capacity in arrangements relating to the care, accommodation or welfare of the child during the 5 years prior to the start of the proceedings; or

• (c) is a serving probation officer who has, in that capacity, been previously concerned with the child or the child's family.

• (2) In placement proceedings, a person described in paragraph (1)(b) or (c) may not be appointed as a children's guardian, reporting officer or children and family reporter.

Appointment of the same person as children's guardian, reporting officer and children and family reporter

16

The same person may be appointed to act as one or more of the following—

• (a) the children's guardian;

• (b) the reporting officer; and

• (c) the children and family reporter.

CHAPTER 13 — OFFICERS OF THE SERVICE, WELSH FAMILY PROCEEDINGS OFFICERS AND LOCAL AUTHORITY OFFICERS: FURTHER DUTIES

Officers of the Service, Welsh family proceedings officers and local authority officers acting under certain duties

16

• (1) This rule applies when—

• (a) an officer of the Service or a Welsh family proceedings officer is acting under a duty in accordance with—

• (i) section 11E(7) of the 1989 Act (providing the court with information as to the making of an activity direction or an activity condition);

• (ii) section 11G(2) of the 1989 Act (monitoring compliance with an activity direction or an activity condition);

• (iii) section 11H(2) of the 1989 Act (monitoring compliance with a child arrangements order);

• (iv) section 11L(5) of the 1989 Act (providing the court with information as to the making of an enforcement order);

• (v) section 11M(1) of the 1989 Act (monitoring compliance with an enforcement order);

• (vi) section 16(6) of the 1989 Act (providing a report to the court in accordance with a direction in a family assistance order); and

• (vii) section 16A of the 1989 Act (making a risk assessment); and

• (b) a local authority officer is acting under a duty in accordance with section 16(6) of the 1989 Act (providing a report to the court in accordance with a direction in a family assistance order).

• (2) In this rule,—

• (a) “... activity direction”, “... activity condition” and “enforcement order” have the meanings given in rule 12.2; and

• (b) references to “the officer” are to the officer of the Service, Welsh family proceedings officer or local authority officer referred to in paragraph (1).

• (3) In exercising the duties referred to in paragraph (1), the officer must have regard to the principle set out in section 1(2) of the 1989 Act and the matters set out in section 1(3)(a) to (f) of the 1989 Act as if for the word “court” in that section there were substituted the words “officer of the Service, Welsh family proceedings officer or local authority officer”.

• (4) The officer's duties referred to in paragraph (1) must be exercised in accordance with Practice Direction 16A.

CHAPTER 14 — ENFORCEMENT ORDERS AND FINANCIAL COMPENSATION ORDERS: PERSONS NOTIFIED

Application for enforcement orders and financial compensation orders: duties of the person notified

16

• (1) This rule applies where a person who was the child's children's guardian, litigation friend or legal representative in the proceedings in which a child arrangements order was made has been notified of an application for an enforcement order or for a financial compensation order as required by Practice Direction 12C.

• (2) The person who has been notified of the application must—

• (a) consider whether it is in the best interests of the child for the child to be made a party to the proceedings for an enforcement order or a financial compensation order (as applicable); and

• (b) before the date fixed for the first hearing in the case notify the court, orally or in writing, of the opinion reached on the question, together with the reasons for this opinion.

• (3) In this rule, “enforcement order” and “financial compensation order” have the meanings given in rule 12.2.

PART 17 — STATEMENTS OF TRUTH

Interpretation

17

• (1) In this Part “statement of case” has the meaning given to it in Part 4 except that a statement of case does not include—

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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) an application under Article 10 of the 2007 Hague Convention using the Financial Circumstances Form.

• (2) In this rule, “Financial Circumstances Form” has the meaning given to it in rule 9.3(1).

(Rule 4.1 defines “statement of case” for the purposes of Part 4.)

Documents to be verified by a statement of truth

17

• (1) Subject to paragraph (9), the following documents must be verified by a statement of truth—

• (a) a statement of case;

• (b) a witness statement;

• (c) an acknowledgement of service in a claim begun by the Part 19 procedure;

• (d) a certificate of service;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) a statement of information filed under rule 9.26(1)(b); and

• (g) any other document where a court order, rule or practice direction requires it.

• (2) Where a statement of case is amended, the amendments must be verified by a statement of truth unless the court orders otherwise.

• (3) Subject to paragraph (10), if an applicant wishes to rely on matters set out in the application form or application notice as evidence, the application form or notice must be verified by a statement of truth.

• (4) Subject to paragraph (5), a statement of truth is a statement that—

• (a) the party putting forward the document;

• (b) in the case of a witness statement, the maker of the witness statement; or

• (c) in the case of a certificate of service, the person who signs the certificate,

believes the facts stated in the document are true.

• (5) If a party is conducting proceedings with a litigation friend, the statement of truth in—

• (a) a statement of case; or

• (b) an application notice,

is a statement that the litigation friend believes the facts stated in the document being verified are true.

• (6) The statement of truth must be signed by—

• (a) in the case of a statement of case—

• (i) the party or litigation friend; or

• (ii) the legal representative on behalf of the party or litigation friend; and

• (b) in the case of a witness statement ..., the maker of the statement.

• (7) A statement of truth, which is not contained in the document which it verifies, must clearly identify that document.

• (8) A statement of truth in a statement of case may be made by—

• (a) a person who is not a party; or

• (b) by two parties jointly,

where this is permitted by a practice direction.

• (9) An application that does not contain a statement of facts need not be verified by a statement of truth. (Practice Direction 17A sets out the form of statement of truth.)

• (10) Notwithstanding paragraph (3), and subject to any direction given under rule 9.14(2A) or rule 9.19(2A), the court may permit a party to rely upon matters set out in an application form which has not been verified by a statement of truth as evidence where the application has been made under—

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

• (b) Article 10 of the 2007 Hague Convention on an Article 11 form.

Failure to verify a statement of case

17

• (1) If a party fails to verify that party's statement of case by a statement of truth—

• (a) the statement of case shall remain effective unless struck out; but

• (b) the party may not rely on the statement of case as evidence of any of the matters set out in it.

• (2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.

• (3) Any party may apply for an order under paragraph (2).

Failure to verify a witness statement

17

If the maker of a witness statement fails to verify the witness statement by a statement of truth, the court may direct that it shall not be admissible as evidence.

Power of the court to require a document to be verified

17

• (1) The court may order a person who has failed to verify a document in accordance with rule 17.2 to verify the document.

• (2) Any party may apply for an order under paragraph (1).

False statements

17

• (1) Proceedings for contempt of court may be brought against a person who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

• (2) Proceedings under this rule may be brought only—

• (a) by the Attorney General; or

• (b) with the permission of the court.

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

PART 18 — PROCEDURE FOR OTHER APPLICATIONS IN PROCEEDINGS

Types of application for which Part 18 procedure may be followed

18

• (1) The Part 18 procedure is the procedure set out in this Part.

• (2) An applicant may use the Part 18 procedure if the application is made—

• (a) in the course of existing proceedings;

• (b) to start proceedings except where some other Part of these rules prescribes the procedure to start proceedings; or

• (c) in connection with proceedings which have been concluded.

• (3) Paragraph (2) does not apply—

• (a) to applications where any other rule in any other Part of these rules sets out the procedure for that type of application;

• (b) if a practice direction provides that the Part 18 procedure may not be used in relation to the type of application in question.

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

Applications for permission to start proceedings

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An application for permission to start proceedings must be made to the court where the proceedings will be started if permission is granted.

(Rule 5.4 makes general provision in relation to the court in which proceedings should be started.)

Respondents to applications under this Part

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• (1) The following persons are to be respondents to an application under this Part—

• (a) where there are existing proceedings or the proceedings have been concluded—

• (i) the parties to those proceedings; and

• (ii) if the proceedings are proceedings under Part 11, the person who is the subject of those proceedings;

• (b) where there are no existing proceedings—

• (i) if notice has been given under section 44 of the 2002 Act (notice of intention to adopt or apply for an order under section 84 of that Act), the local authority to whom notice has been given; and

• (ii) if an application is made for permission to apply for an order in proceedings, any person who will be a party to the proceedings brought if permission is granted; and

• (c) any other person as the court may direct.

Application notice to be filed

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• (1) Subject to paragraph (2), the applicant must file an application notice.

• (2) An applicant may make an application without filing an application notice if—

• (a) this is permitted by a rule or practice direction; or

• (b) the court dispenses with the requirement for an application notice.

Notice of an application

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• (1) Subject to paragraph (2), a copy of the application notice must be served on—

• (a) each respondent;

• (b) in relation to proceedings under Part 11, the person who is, or, in the case of an application to start proceedings, it is intended will be, the subject of the proceedings; and

• (c) in relation to proceedings under Parts 12 and 14, the children's guardian (if any).

• (2) An application may be made without serving a copy of the application notice if this is permitted by—

• (a) a rule;

• (b) a practice direction; or

• (c) the court.

(Rule 18.8 deals with service of a copy of the application notice.)

Time when an application is made

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When an application must be made within a specified time, it is so made if the court receives the application notice within that time.

What an application notice must include

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• (1) An application notice must state—

• (a) what order the applicant is seeking; and

• (b) briefly, why the applicant is seeking the order.

• (2) A draft of the order sought must be attached to the application notice. (Part 17 requires an application notice to be verified by a statement of truth if the applicant wishes to rely on matters set out in his application as evidence.)

Service of a copy of an application notice

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• (1) Subject to rule 2.4, a copy of the application notice must be served in accordance with the provisions of Part 6—

• (a) as soon as practicable after it is filed; and

• (b) in any event—

• (i) where the application is for an ... order under rule 9.7 at least 14 days; and

• (ii) in any other case, at least 7 days;

before the court is to deal with the application.

• (2) The applicant must, when filing the application notice, file a copy of any written evidence in support.

• (3) If a copy of an application notice is served by a court officer it must be accompanied by—

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

• (b) a copy of any witness statement in support; and

• (c) a copy of the draft order which the applicant has attached to the application.

• (4) If—

• (a) an application notice is served; but

• (b) the period of notice is shorter than the period required by these rules or a practice direction,

the court may direct that, in the circumstances of the case, sufficient notice has been given and hear the application.

• (5) This rule does not require written evidence—

• (a) to be filed if it has already been filed; or

• (b) to be served on a party on whom it has already been served.

Applications which may be dealt with without a hearing

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• (1) The court may deal with an application without a hearing if—

• (a) the court does not consider that a hearing would be appropriate; or

• (b) the parties agree as to the terms of the order sought or the parties agree that the court should dispose of the application without a hearing and the court does not consider that a hearing would be appropriate.

• (2) Where—

• (a) an application is made for permission to make an application in proceedings under the 1989 Act; and

• (b) the court refuses the application without a hearing in accordance with paragraph (1)(a),

the court must, at the request of the applicant, re-list the application and fix a date for a hearing.

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

Service of application notice following court order where application made without notice

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