PART 12E+W [F1CHILDREN PROCEEDINGS] EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS

Textual Amendments

CHAPTER 2E+WGENERAL RULES

Attendance at hearingsE+W

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

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

(a)any party to the proceedings;

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

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

[F2(Practice Direction 27C makes provision for the attendance at hearings of Independent Domestic Violence Advisers and Independent Sexual Violence Advisers.)]

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

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

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

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

(a)the children's guardian;

(b)the solicitor for the child; and

(c)the child, if of sufficient understanding,

an opportunity to make representations.

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

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

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

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

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

(a)refuse the application; or

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

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

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

(a)is considering—

(i)whether to make [F3an activity] direction or to attach [F3an activity] condition to a [F4child arrangements order]; or

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

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

F5(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F5 ...)

Textual Amendments

F3Words in rule 12.14(9) substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 21(a)

F4Words in rule 12.14(9) substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 21(b)