The Family Procedure (Adoption) Rules 2005

1. Introductory Text

2. PART 1 OVERRIDING OBJECTIVE

   1. 1. The overriding objective

   2. 2. Application by the court of the overriding objective

   3. 3. Duty of the parties

   4. 4. Court’s duty to manage cases

3. PART 2 INTERPRETATION AND APPLICATION OF OTHER RULES

   1. 5. Extent and application of other rules

   2. 6. Interpretation

   3. 7. Power to perform functions of the court

   4. 8. Court’s discretion as to where it deals with cases

   5. 9. Court documents

   6. 10. Computation of time

   7. 11. Dates for compliance to be calendar dates and to include time of day

4. PART 3 GENERAL CASE MANAGEMENT POWERS

   1. 12. The court’s general powers of management

   2. 13. Exercise of powers of court’s own initiative

   3. 14. Court officer’s power to refer to the court

   4. 15. General power of the court to rectify matters where there has been an error of procedure

   5. 16. Power of the court to make civil restraint orders

5. PART 4 HOW TO START PROCEEDINGS

   1. 17. Forms

   2. 18. Documents to be attached to the application form

   3. 19. How to start proceedings

   4. 20. Application for a serial number

   5. 21. Personal details

6. PART 5 PROCEDURE FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS

   1. 22. Application of this Part

   2. 23. Who the parties are

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

   4. 25. Date for first directions hearing

   5. 26. The first directions hearing

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

   7. 28. Consent

   8. 29. Reports by the adoption agency or local authority

   9. 30. Health reports

   10. 31. Notice of final hearing

   11. 32. The final hearing

   12. 33. Proof of identity of the child

7. PART 6 SERVICE

   1. SECTION 1 GENERAL RULES ABOUT SERVICE

      1. 34. Scope of this Part

      2. 35. Methods of service

      3. 36. Who is to serve

      4. 37. Service of documents on children and patients

      5. 38. Deemed service

      6. 39. Power of court to dispense with service

      7. 40. Certificate of service

      8. 41. Notice of non-service

   2. SECTION 2 SERVICE OUT OF THE JURISDICTION

      1. 42. Scope and definitions

      2. 43. Service of documents

      3. 44. Method of service – general provisions

      4. 45. Service through foreign governments, judicial authorities and British Consular authorities

      5. 46. Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities

      6. 47. Service in accordance with the Service Regulation

      7. 48. Undertaking to be responsible for expenses of the Foreign and Commonwealth Office

8. PART 7 LITIGATION FRIEND, CHILDREN'S GUARDIAN, REPORTING OFFICER AND CHILDREN AND FAMILY REPORTER

   1. SECTION 1 LITIGATION FRIEND

      1. 49. Application of this Section

      2. 50. Requirement for litigation friend in proceedings

      3. 51. Circumstances in which the non-subject child does not need a litigation friend

      4. 52. Stage of proceedings at which a litigation friend becomes necessary

      5. 53. Who may be a litigation friend for a patient without a court order

      6. 54. How a person becomes a litigation friend without a court order

      7. 55. How a person becomes a litigation friend by court order

      8. 56. Court’s power to change litigation friend and to prevent person acting as litigation friend

      9. 57. Appointment of litigation friend by court order – supplementary

      10. 58. Procedure where appointment of litigation friend comes to an end

   2. SECTION 2 CHILDREN'S GUARDIAN

      1. 59. Appointment of children’s guardian

      2. 60. What the court or a court officer will do once the court has made a decision about appointing a children’s guardian

      3. 61. Termination of the appointment of the children’s guardian

      4. 62. Powers and duties of the children’s guardian

      5. 63. How the children’s guardian exercises his duties – investigations and appointment of solicitor

      6. 64. Where the child instructs a solicitor or conducts proceedings on his own behalf

      7. 65. How the children’s guardian exercises his duties – attendance at court, advice to the court and reports

      8. 66. How the children’s guardian exercises his duties – service of documents and inspection of records

      9. 67. How the children’s guardian exercises his duties – communication of a court’s decision to the child

      10. 68. Solicitor for child

   3. SECTION 3 REPORTING OFFICER

      1. 69. When the court appoints a reporting officer

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

      3. 71. The duties of the reporting officer

      4. 72. How the reporting officer exercises his duties

   4. SECTION 4 CHILDREN AND FAMILY REPORTER

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

      2. 74. How the children and family reporter exercises his powers and duties

   5. SECTION 5 WHO CAN ACT AS CHILDREN'S GUARDIAN, REPORTING OFFICER AND CHILDREN AND FAMILY REPORTER

      1. 75. Persons who may not be appointed as children’s guardian, reporting officer or children and family reporter

      2. 76. Appointment of the same person as children’s guardian, reporting officer and children and family reporter

9. PART 8 DOCUMENTS AND DISCLOSURE OF DOCUMENTS AND INFORMATION

   1. 77. Confidential reports to the court and disclosure to the parties

   2. 78. Communication of information relating to proceedings

   3. 79. Orders for disclosure against a person not a party

   4. 80. Rules not to limit other powers of the court to order disclosure

   5. 81. Claim to withhold inspection or disclosure of a document

   6. 82. Custody of documents

   7. 83. Inspection and copies of documents

   8. 84. Disclosing information to an adopted adult

   9. 85. Translation of documents

10. PART 9 PROCEDURE FOR OTHER APPLICATIONS IN PROCEEDINGS

    1. 86. Types of application for which Part 9 procedure may be followed

    2. 87. Application notice to be filed

    3. 88. Notice of an application

    4. 89. Time when an application is made

    5. 90. What an application notice must include

    6. 91. Service of a copy of an application notice

    7. 92. Applications which may be dealt with without a hearing

    8. 93. Service of application where application made without notice

    9. 94. Application to set aside or vary order made without notice

    10. 95. Power of the court to proceed in the absence of a party

    11. 96. Dismissal of totally without merit applications

11. PART 10 ALTERNATIVE PROCEDURE FOR APPLICATIONS

    1. 97. Types of application for which Part 10 procedure may be followed

    2. 98. Contents of the application

    3. 99. Issue of application without naming respondents

    4. 100. Acknowledgement of service

    5. 101. Consequence of not filing an acknowledgement of service

    6. 102. Filing and serving written evidence

    7. 103. Evidence – general

    8. 104. Procedure where respondent objects to use of the Part 10 procedure

    9. 105. Applications under section 60(3) and 79(4) or rule 108

12. PART 11 MISCELLANEOUS

    1. 106. Withdrawal of application

    2. 107. Application for recovery orders

    3. 108. Inherent jurisdiction and fathers without parental responsibility

    4. 109. Timing of applications for section 89 order

    5. 110. Costs

    6. 111. Orders

    7. 112. Copies of orders

    8. 113. Amendment and revocation of orders

    9. 114. Keeping of registers

13. PART 12 DISPUTING THE COURT'S JURISDICTION

    1. 115. Procedure for disputing the court’s jurisdiction

14. PART 13 HUMAN RIGHTS

    1. 116. Human Rights Act 1998

15. PART 14 INTERIM INJUNCTIONS

    1. 117. Scope of this Part

    2. 118. Order for interim injunction

    3. 119. Time when an order for an interim injunction may be made

    4. 120. How to apply for an interim injunction

    5. 121. Interim injunction to cease if application is stayed

16. PART 15 ADMISSIONS AND EVIDENCE

    1. 122. Making an admission

    2. 123. Power of court to control evidence

    3. 124. Evidence of witnesses – general rule

    4. 125. Evidence by video link or other means

    5. 126. Service of witness statements for use at final hearing

    6. 127. Use at final hearing of witness statements which have been served

    7. 128. Evidence in proceedings other than at final hearing

    8. 129. Order for cross-examination

    9. 130. Form of witness statement

    10. 131. Witness summaries

    11. 132. Cross-examination on a witness statement

    12. 133. False statements

    13. 134. Affidavit evidence

    14. 135. Form of affidavit

    15. 136. Affidavit made outside the jurisdiction

    16. 137. Notarial acts and instruments

    17. 138. Use of plans, photographs and models as evidence

    18. 139. Evidence of finding on question of foreign law

17. PART 16 WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS

    1. SECTION 1 WITNESSES AND DEPOSITIONS

       1. 140. Scope of this Section

       2. 141. Witness summonses

       3. 142. Issue of a witness summons

       4. 143. Time for serving a witness summons

       5. 144. Who is to serve a witness summons

       6. 145. Right of witness to travelling expenses and compensation for loss of time

       7. 146. Evidence by deposition

       8. 147. Conduct of examination

       9. 148. Enforcing attendance of witness

       10. 149. Use of deposition at a hearing

       11. 150. Where a person to be examined is out of the jurisdiction – letter of request

       12. 151. Fees and expenses of examiner of the court

    2. SECTION 2 TAKING OF EVIDENCE – MEMBER STATES OF THE EUROPEAN UNION

       1. 152. Interpretation

       2. 153. Where a person to be examined is in another Regulation State

18. PART 17 EXPERTS

    1. 154. Duty to restrict expert evidence

    2. 155. Interpretation

    3. 156. Experts – overriding duty to the court

    4. 157. Court’s power to restrict expert evidence

    5. 158. General requirement for expert evidence to be given in a written report

    6. 159. Written questions to experts

    7. 160. Court’s power to direct that evidence is to be given by a single joint expert

    8. 161. Instructions to a single joint expert

    9. 162. Power of court to direct a party to provide information

    10. 163. Contents of report

    11. 164. Use by one party of expert’s report disclosed by another

    12. 165. Discussions between experts

    13. 166. Consequence of failure to disclose expert’s report

    14. 167. Expert’s right to ask court for directions

19. PART 18 CHANGE OF SOLICITOR

    1. 168. Change of solicitor – duty to give notice

    2. 169. Order that a solicitor has ceased to act

    3. 170. Removal of solicitor who has ceased to act on application of another party

20. PART 19 APPEALS

    1. 171. Scope and interpretation

    2. 172. Parties to comply with the practice direction

    3. 173. Permission

    4. 174. Appellant’s notice

    5. 175. Respondent’s notice

    6. 176. Variation of time

    7. 177. Stay

    8. 178. Amendment of appeal notice

    9. 179. Striking out appeal notices and setting aside or imposing conditions on permission to appeal

    10. 180. Appeal court’s powers

    11. 181. Hearing of appeals

    12. 182. Assignment of appeals to the Court of Appeal

    13. 183. Reopening of final appeals

21. Signature

22. Explanatory Note