The Family Procedure (Adoption) Rules 2005
PART 1OVERRIDING OBJECTIVE
1The overriding objective
2Application by the court of the overriding objective
3Duty of the parties
4Court’s duty to manage cases
PART 2INTERPRETATION AND APPLICATION OF OTHER RULES
5Extent and application of other rules
6Interpretation
7Power to perform functions of the court
8Court’s discretion as to where it deals with cases
9Court documents
10Computation of time
11Dates for compliance to be calendar dates and to include time of day
PART 3GENERAL CASE MANAGEMENT POWERS
12The court’s general powers of management
13Exercise of powers of court’s own initiative
14Court officer’s power to refer to the court
15General power of the court to rectify matters where there has been an error of procedure
16Power of the court to make civil restraint orders
PART 4HOW TO START PROCEEDINGS
17Forms
18Documents to be attached to the application form
19How to start proceedings
20Application for a serial number
21Personal details
PART 5PROCEDURE FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
22Application of this Part
23Who the parties are
24What the court or a court officer will do when the application has been issued
25Date for first directions hearing
26The first directions hearing
27Requesting the court to dispense with the consent of any parent or guardian
28Consent
29Reports by the adoption agency or local authority
30Health reports
31Notice of final hearing
32The final hearing
33Proof of identity of the child
PART 6SERVICE
SECTION 1GENERAL RULES ABOUT SERVICE
34Scope of this Part
35Methods of service
36Who is to serve
37Service of documents on children and patients
38Deemed service
39Power of court to dispense with service
40Certificate of service
41Notice of non-service
SECTION 2SERVICE OUT OF THE JURISDICTION
42Scope and definitions
43Service of documents
44Method of service – general provisions
45Service through foreign governments, judicial authorities and British Consular authorities
46Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
47Service in accordance with the Service Regulation
48Undertaking to be responsible for expenses of the Foreign and Commonwealth Office
PART 7LITIGATION FRIEND, CHILDREN'S GUARDIAN, REPORTING OFFICER AND CHILDREN AND FAMILY REPORTER
SECTION 1LITIGATION FRIEND
49Application of this Section
50Requirement for litigation friend in proceedings
51Circumstances in which the non-subject child does not need a litigation friend
52Stage of proceedings at which a litigation friend becomes necessary
53Who may be a litigation friend for a patient without a court order
54How a person becomes a litigation friend without a court order
55How a person becomes a litigation friend by court order
56Court’s power to change litigation friend and to prevent person acting as litigation friend
57Appointment of litigation friend by court order – supplementary
58Procedure where appointment of litigation friend comes to an end
SECTION 2CHILDREN'S GUARDIAN
59Appointment of children’s guardian
60What the court or a court officer will do once the court has made a decision about appointing a children’s guardian
61Termination of the appointment of the children’s guardian
62Powers and duties of the children’s guardian
63How the children’s guardian exercises his duties – investigations and appointment of solicitor
64Where the child instructs a solicitor or conducts proceedings on his own behalf
65How the children’s guardian exercises his duties – attendance at court, advice to the court and reports
66How the children’s guardian exercises his duties – service of documents and inspection of records
67How the children’s guardian exercises his duties – communication of a court’s decision to the child
68Solicitor for child
SECTION 3REPORTING OFFICER
69When the court appoints a reporting officer
70Appointment of the same reporting officer in respect of two or more parents or guardians
71The duties of the reporting officer
72How the reporting officer exercises his duties
SECTION 4CHILDREN AND FAMILY REPORTER
73Request by court for a welfare report in respect of the child
74How the children and family reporter exercises his powers and duties
SECTION 5WHO CAN ACT AS CHILDREN'S GUARDIAN, REPORTING OFFICER AND CHILDREN AND FAMILY REPORTER
75Persons who may not be appointed as children’s guardian, reporting officer or children and family reporter
76Appointment of the same person as children’s guardian, reporting officer and children and family reporter
PART 8DOCUMENTS AND DISCLOSURE OF DOCUMENTS AND INFORMATION
77Confidential reports to the court and disclosure to the parties
78Communication of information relating to proceedings
79Orders for disclosure against a person not a party
80Rules not to limit other powers of the court to order disclosure
81Claim to withhold inspection or disclosure of a document
82Custody of documents
83Inspection and copies of documents
84Disclosing information to an adopted adult
85Translation of documents
PART 9PROCEDURE FOR OTHER APPLICATIONS IN PROCEEDINGS
86Types of application for which Part 9 procedure may be followed
87Application notice to be filed
88Notice of an application
89Time when an application is made
90What an application notice must include
91Service of a copy of an application notice
92Applications which may be dealt with without a hearing
93Service of application where application made without notice
94Application to set aside or vary order made without notice
95Power of the court to proceed in the absence of a party
96Dismissal of totally without merit applications
PART 10ALTERNATIVE PROCEDURE FOR APPLICATIONS
97Types of application for which Part 10 procedure may be followed
98Contents of the application
99Issue of application without naming respondents
100Acknowledgement of service
101Consequence of not filing an acknowledgement of service
102Filing and serving written evidence
103Evidence – general
104Procedure where respondent objects to use of the Part 10 procedure
105Applications under section 60(3) and 79(4) or rule 108
PART 11MISCELLANEOUS
106Withdrawal of application
107Application for recovery orders
108Inherent jurisdiction and fathers without parental responsibility
109Timing of applications for section 89 order
110Costs
111Orders
112Copies of orders
113Amendment and revocation of orders
114Keeping of registers
PART 12DISPUTING THE COURT'S JURISDICTION
115Procedure for disputing the court’s jurisdiction
PART 13HUMAN RIGHTS
116Human Rights Act 1998
PART 14INTERIM INJUNCTIONS
117Scope of this Part
118Order for interim injunction
119Time when an order for an interim injunction may be made
120How to apply for an interim injunction
121Interim injunction to cease if application is stayed
PART 15ADMISSIONS AND EVIDENCE
122Making an admission
123Power of court to control evidence
124Evidence of witnesses – general rule
125Evidence by video link or other means
126Service of witness statements for use at final hearing
127Use at final hearing of witness statements which have been served
128Evidence in proceedings other than at final hearing
129Order for cross-examination
130Form of witness statement
131Witness summaries
132Cross-examination on a witness statement
133False statements
134Affidavit evidence
135Form of affidavit
136Affidavit made outside the jurisdiction
137Notarial acts and instruments
138Use of plans, photographs and models as evidence
139Evidence of finding on question of foreign law
PART 16WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS
SECTION 1WITNESSES AND DEPOSITIONS
140Scope of this Section
141Witness summonses
142Issue of a witness summons
143Time for serving a witness summons
144Who is to serve a witness summons
145Right of witness to travelling expenses and compensation for loss of time
146Evidence by deposition
147Conduct of examination
148Enforcing attendance of witness
149Use of deposition at a hearing
150Where a person to be examined is out of the jurisdiction – letter of request
151Fees and expenses of examiner of the court
SECTION 2TAKING OF EVIDENCE – MEMBER STATES OF THE EUROPEAN UNION
152Interpretation
153Where a person to be examined is in another Regulation State
PART 17EXPERTS
154Duty to restrict expert evidence
155Interpretation
156Experts – overriding duty to the court
157Court’s power to restrict expert evidence
158General requirement for expert evidence to be given in a written report
159Written questions to experts
160Court’s power to direct that evidence is to be given by a single joint expert
161Instructions to a single joint expert
162Power of court to direct a party to provide information
163Contents of report
164Use by one party of expert’s report disclosed by another
165Discussions between experts
166Consequence of failure to disclose expert’s report
167Expert’s right to ask court for directions
PART 18CHANGE OF SOLICITOR
168Change of solicitor – duty to give notice
169Order that a solicitor has ceased to act
170Removal of solicitor who has ceased to act on application of another party
PART 19APPEALS
171Scope and interpretation
172Parties to comply with the practice direction
173Permission
174Appellant’s notice
175Respondent’s notice
176Variation of time
177Stay
178Amendment of appeal notice
179Striking out appeal notices and setting aside or imposing conditions on permission to appeal
180Appeal court’s powers
181Hearing of appeals
182Assignment of appeals to the Court of Appeal
183Reopening of final appeals

2005 No. 2795 (L. 22)

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

The Family Procedure (Adoption) Rules 2005

Made

Laid before Parliament

Coming into force

The Family Procedure Rule Committee makes the following Rules in exercise of the powers conferred by sections 75 and 76 of the Courts Act 20031, sections 52(7) and (8), 60(4), 90(1), 102, 109(2) and 141(1) and (3) of, and paragraphs 1(4), 4(4) and 6(2) of Schedule 1 to, the Adoption and Children Act 20022 and section 54(1) of the Access to Justice Act 19993.

In accordance with section 79 of the Courts Act 2003 the Committee has consulted with persons it considered appropriate.

These Rules may be cited as the Family Procedure (Adoption) Rules 2005.