PART IIGENERAL

Hearing21

1

Before the hearing, the justice or justices who will be dealing with the case shall read any documents which have been filed under rule 17 in respect of the hearing.

2

The justices' clerk at a directions appointment, or the court at a hearing or directions appointment, may give directions as to the order of speeches and evidence.

3

Subject to directions under paragraph (2), at a hearing of, or directions appointment in, relevant proceedings, the parties and the guardian ad litem shall adduce their evidence in the following order–

a

the applicant,

b

any party with parental responsibility for the child,

c

other respondents,

d

the guardian ad litem,

e

the child if he is a party to the proceedings and there is no guardian ad litem.

4

After the final hearing of relevant proceedings, the court shall make its decision as soon as is practicable.

5

Before the court makes an order or refuses an application or request, the justices' clerk shall record in writing–

a

the names of the justice or justices constituting the court by which the decision is made, and

b

in consultation with the justice or justices, the reasons for the court’s decision and any findings of fact.

6

When making an order or when refusing an application, the court, or one of the justices constituting the court by which the decision is made, shall state any findings of fact and the reasons for the court’s decision.

7

After the court announces its decision, the justices' clerk shall as soon as practicable–

a

make a record of any order made in the appropriate form in Schedule 1 to these Rules or, where there is no such form, in writing; and

b

subject to paragraph (8), serve a copy of any order made on the parties to the proceedings and on any person with whom the child is living.

8

Within 48 hours after the making of an order under section 48(4) or the making, ex parte, of–

a

a prohibited steps order, or a specific issue order, under section 8, or

b

an order under section 44, 48(9), 50, 75(1) or 102(1),

the applicant shall serve a copy of the order in the appropriate form in Schedule 1 to these Rules on–

i

each party,

ii

any person who has actual care of the child, or who had such care immediately prior to the making of the order, and

iii

in the case of an order referred to in sub-paragraph (b), the local authority in whose area the child lives or is found.