The Family Procedure (Adoption) Rules 2005 No. 2795 (L. 22) xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 OVERRIDING OBJECTIVE
1.The overriding objective
2.Application by the court of the overriding objective
3.Duty of the parties
4.Court’s duty to manage cases
PART 2 INTERPRETATION AND APPLICATION OF OTHER RULES
5.Extent and application of other rules
6.Interpretation
7.Power to perform functions of the court
8.Court’s discretion as to where it deals with cases
9.Court documents
10.Computation of time
11.Dates for compliance to be calendar dates and to include time of day
PART 3 GENERAL CASE MANAGEMENT POWERS
12.The court’s general powers of management
13.Exercise of powers of court’s own initiative
14.Court officer’s power to refer to the court
15.General power of the court to rectify matters where there has been an error of procedure
16.Power of the court to make civil restraint orders
PART 4 HOW TO START PROCEEDINGS
17.Forms
18.Documents to be attached to the application form
19.How to start proceedings
20.Application for a serial number
21.Personal details
PART 5 PROCEDURE FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
22.Application of this Part
23.Who the parties are
24.What the court or a court officer will do when the application has been issued
25.Date for first directions hearing
26.The first directions hearing
27.Requesting the court to dispense with the consent of any parent or guardian
28.Consent
29.Reports by the adoption agency or local authority
30.Health reports
31.Notice of final hearing
32.The final hearing
33.Proof of identity of the child
PART 6 SERVICE
SECTION 1 GENERAL RULES ABOUT SERVICE
34.Scope of this Part
35.Methods of service
36.Who is to serve
37.Service of documents on children and patients
38.Deemed service
39.Power of court to dispense with service
40.Certificate of service
41.Notice of non-service
SECTION 2 SERVICE OUT OF THE JURISDICTION
42.Scope and definitions
43.Service of documents
44.Method of service – general provisions
45.Service through foreign governments, judicial authorities and British Consular authorities
46.Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
47.Service in accordance with the Service Regulation
48.Undertaking to be responsible for expenses of the Foreign and Commonwealth Office
PART 7 LITIGATION FRIEND, CHILDREN'S GUARDIAN, REPORTING OFFICER AND CHILDREN AND FAMILY REPORTER
SECTION 1 LITIGATION FRIEND
49.Application of this Section
50.Requirement for litigation friend in proceedings
51.Circumstances in which the non-subject child does not need a litigation friend
52.Stage of proceedings at which a litigation friend becomes necessary
53.Who may be a litigation friend for a patient without a court order
54.How a person becomes a litigation friend without a court order
55.How a person becomes a litigation friend by court order
56.Court’s power to change litigation friend and to prevent person acting as litigation friend
57.Appointment of litigation friend by court order – supplementary
58.Procedure where appointment of litigation friend comes to an end
SECTION 2 CHILDREN'S GUARDIAN
59.Appointment of children’s guardian
60.What the court or a court officer will do once the court has made a decision about appointing a children’s guardian
61.Termination of the appointment of the children’s guardian
62.Powers and duties of the children’s guardian
63.How the children’s guardian exercises his duties – investigations and appointment of solicitor
64.Where the child instructs a solicitor or conducts proceedings on his own behalf
65.How the children’s guardian exercises his duties – attendance at court, advice to the court and reports
66.How the children’s guardian exercises his duties – service of documents and inspection of records
67.How the children’s guardian exercises his duties – communication of a court’s decision to the child
68.Solicitor for child
SECTION 3 REPORTING OFFICER
69.When the court appoints a reporting officer
70.Appointment of the same reporting officer in respect of two or more parents or guardians
71.The duties of the reporting officer
72.How the reporting officer exercises his duties
SECTION 4 CHILDREN AND FAMILY REPORTER
73.Request by court for a welfare report in respect of the child
74.How the children and family reporter exercises his powers and duties
SECTION 5 WHO CAN ACT AS CHILDREN'S GUARDIAN, REPORTING OFFICER AND CHILDREN AND FAMILY REPORTER
75.Persons who may not be appointed as children’s guardian, reporting officer or children and family reporter
76.Appointment of the same person as children’s guardian, reporting officer and children and family reporter
PART 8 DOCUMENTS AND DISCLOSURE OF DOCUMENTS AND INFORMATION
77.Confidential reports to the court and disclosure to the parties
78.Communication of information relating to proceedings
79.Orders for disclosure against a person not a party
80.Rules not to limit other powers of the court to order disclosure
81.Claim to withhold inspection or disclosure of a document
82.Custody of documents
83.Inspection and copies of documents
84.Disclosing information to an adopted adult
85.Translation of documents
PART 9 PROCEDURE FOR OTHER APPLICATIONS IN PROCEEDINGS
86.Types of application for which Part 9 procedure may be followed
87.Application notice to be filed
88.Notice of an application
89.Time when an application is made
90.What an application notice must include
91.Service of a copy of an application notice
92.Applications which may be dealt with without a hearing
93.Service of application where application made without notice
94.Application to set aside or vary order made without notice
95.Power of the court to proceed in the absence of a party
96.Dismissal of totally without merit applications
PART 10 ALTERNATIVE PROCEDURE FOR APPLICATIONS
97.Types of application for which Part 10 procedure may be followed
98.Contents of the application
99.Issue of application without naming respondents
100.Acknowledgement of service
101.Consequence of not filing an acknowledgement of service
102.Filing and serving written evidence
103.Evidence – general
104.Procedure where respondent objects to use of the Part 10 procedure
105.Applications under section 60(3) and 79(4) or rule 108
PART 11 MISCELLANEOUS
106.Withdrawal of application
107.Application for recovery orders
108.Inherent jurisdiction and fathers without parental responsibility
109.Timing of applications for section 89 order
110.Costs
111.Orders
112.Copies of orders
113.Amendment and revocation of orders
114.Keeping of registers
PART 12 DISPUTING THE COURT'S JURISDICTION
115.Procedure for disputing the court’s jurisdiction
PART 13 HUMAN RIGHTS
116.Human Rights Act 1998
PART 14 INTERIM INJUNCTIONS
117.Scope of this Part
118.Order for interim injunction
119.Time when an order for an interim injunction may be made
120.How to apply for an interim injunction
121.Interim injunction to cease if application is stayed
PART 15 ADMISSIONS AND EVIDENCE
122.Making an admission
123.Power of court to control evidence
124.Evidence of witnesses – general rule
125.Evidence by video link or other means
126.Service of witness statements for use at final hearing
127.Use at final hearing of witness statements which have been served
128.Evidence in proceedings other than at final hearing
129.Order for cross-examination
130.Form of witness statement
131.Witness summaries
132.Cross-examination on a witness statement
133.False statements
134.Affidavit evidence
135.Form of affidavit
136.Affidavit made outside the jurisdiction
137.Notarial acts and instruments
138.Use of plans, photographs and models as evidence
139.Evidence of finding on question of foreign law
PART 16 WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS
SECTION 1 WITNESSES AND DEPOSITIONS
140.Scope of this Section
141.Witness summonses
142.Issue of a witness summons
143.Time for serving a witness summons
144.Who is to serve a witness summons
145.Right of witness to travelling expenses and compensation for loss of time
146.Evidence by deposition
147.Conduct of examination
148.Enforcing attendance of witness
149.Use of deposition at a hearing
150.Where a person to be examined is out of the jurisdiction – letter of request
151.Fees and expenses of examiner of the court
SECTION 2 TAKING OF EVIDENCE – MEMBER STATES OF THE EUROPEAN UNION
152.Interpretation
153.Where a person to be examined is in another Regulation State
PART 17 EXPERTS
154.Duty to restrict expert evidence
155.Interpretation
156.Experts – overriding duty to the court
157.Court’s power to restrict expert evidence
158.General requirement for expert evidence to be given in a written report
159.Written questions to experts
160.Court’s power to direct that evidence is to be given by a single joint expert
161.Instructions to a single joint expert
162.Power of court to direct a party to provide information
163.Contents of report
164.Use by one party of expert’s report disclosed by another
165.Discussions between experts
166.Consequence of failure to disclose expert’s report
167.Expert’s right to ask court for directions
PART 18 CHANGE OF SOLICITOR
168.Change of solicitor – duty to give notice
169.Order that a solicitor has ceased to act
170.Removal of solicitor who has ceased to act on application of another party
PART 19 APPEALS
171.Scope and interpretation
172.Parties to comply with the practice direction
173.Permission
174.Appellant’s notice
175.Respondent’s notice
176.Variation of time
177.Stay
178.Amendment of appeal notice
179.Striking out appeal notices and setting aside or imposing conditions on permission to appeal
180.Appeal court’s powers
181.Hearing of appeals
182.Assignment of appeals to the Court of Appeal
183.Reopening of final appeals
Signature
Explanatory Note