The Family Procedure (Adoption) Rules 2005

PART 4 HOW TO START PROCEEDINGS

Forms

17.  Subject to rule 28(2) and (3), the forms set out in the relevant practice direction or forms to the like effect must be used in the cases to which they apply.

Documents to be attached to the application form

18.  The application form must have attached to it any documents referred to in the application form.

How to start proceedings

19.—(1) Proceedings are started when a court officer issues an application at the request of the applicant.

(2) An application is issued on the date entered in the application form by the court officer.

• (Restrictions on where proceedings may be started are set out in the Children (Allocation of Proceedings) Order 1991(1).)

Application for a serial number

20.—(1) This rule applies to any application in proceedings by a person who intends to adopt the child.

(2) If the applicant wishes his identity to be kept confidential in the proceedings, he may, before those proceedings have started, request a court officer to assign a serial number to him to identify him in connection with the proceedings, and a number will be assigned to him.

(3) The court may at any time direct that a serial number identifying the applicant in the proceedings referred to in paragraph (2) must be removed.

(4) If a serial number has been assigned to a person under paragraph (2)—

(a) the court officer will ensure that any application form or application notice sent in accordance with these Rules does not contain information which discloses, or is likely to disclose, the identity of that person to any other party to that application who is not already aware of that person’s identity; and

(b) the proceedings on the application will be conducted with a view to securing that the applicant is not seen by or made known to any party who is not already aware of his identity except with his consent.

Personal details

21.—(1) Unless the court directs otherwise, a party is not required to reveal—

(a) the address or telephone number of their private residence;

(b) the address of the child;

(c) the name of a person with whom the child is living, if that person is not the applicant; or

(d) in relation to an application under section 28(2) (application for permission to change the child’s surname), the proposed new surname of the child.

(2) Where a party does not wish to reveal any of the particulars in paragraph (1), he must give notice of those particulars to the court and the particulars will not be revealed to any person unless the court directs otherwise.

(3) Where a party changes his home address during the course of proceedings, he must give notice of the change to the court.

(1)

S.I. 1991/1677 amended by S.I. 2005/2797 (L. 24); there are other amending instruments but none is relevant.