The Family Procedure Rules 2010

Appellant's noticeE+W

This section has no associated Explanatory Memorandum

30.4.—(1) Where the appellant seeks permission from the appeal court it must be requested in the appellant's notice.

(2) Subject to paragraph (3), the appellant must file the appellant's notice at the appeal court within —

(a)such period as may be directed by the lower court [F1at the hearing at which the decision to be appealed was made or, if the hearing is adjourned to a later date, the hearing on that date] (which may be longer or shorter than the period referred to in sub-paragraph (b)); or

(b)where the court makes no such direction, 21 days after the date of the decision of the lower court against which the appellant wishes to appeal.

[F2(3) Where the appeal is against —

(a)a case management decision; or

(b)an order under section 38(1) of the 1989 Act,

the appellant must file the appellant’s notice within 7 days beginning with the date of the decision of the lower court.]

(4) Unless the appeal court orders otherwise, an appellant's notice must be served on each respondent and the persons referred to in paragraph (5)—

(a)as soon as practicable; and

(b)in any event not later than 7 days,

after it is filed.

(5) The persons referred to in paragraph (4) are—

(a)any children's guardian, welfare officer, or children and family reporter;

(b)a local authority who has prepared a report under section 14A(8) or (9) of the 1989 Act;

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

(d)a local authority which has prepared a report on the placement of the child for adoption; and

F3(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Rule 30.4(5)(e) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 23(b) (with rule 45)