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Family Procedure (Adoption) Rules 2005 No. 2795
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| Summary: |
These Rules govern the practice and procedure to be followed in proceedings under the Adoption and Children Act 2002 (c.38) in the High Court, county courts and magistrates' courts. They are the first Family Procedure Rules to be made by the Family Procedure Rule Committee.
Part 1 sets out the overriding objective of the Rules. Part 2 contains provisions for interpreting and applying the Rules. Part 3 contains the court's general case management powers. Part 4 sets out how to start proceedings including provisions on how to apply for a serial number or to keep personal details confidential.
Part 5 contains rules about the general procedure to be followed in relation to proceedings for-
(a) the making of an adoption order;
(b) the making, varying or revoking of a placement order;
(c) the making, varying or revoking of a contact order under sections 26 and 27 of the 2002 Act;
(d) an order giving permission to change a child's surname or remove a child from the United Kingdom under section 28(2) and (3) of that Act; or
(e) an order under section 84 or 89, or a direction under section 88, of that Act.
Part 6 contains rules about the service of documents including those required to be served out of the jurisdiction. Part 7 contains rules about the appointment of a litigation friend and officers of the Service and their powers and duties. Part 8 contains rules about documents particularly in relation to the custody, inspection and disclosure of documents and information obtained during the course of proceedings.
Part 9 contains rules about the procedure to be followed if an application is made-
(a) in the course of existing proceedings;
(b) to commence proceedings other than those to which Part 5 applies; or
(c) in connection with proceedings which have concluded.
Part 10 contains rules about the procedure to be followed in proceedings-
(a) under section 60(3) (order to prevent disclosure of information to an adopted person);
(b) under section 79(4) (order for Registrar General to given information referred to in section 79(3);
(c) in accordance with rule 108 (directions from the High Court regarding fathers without parental responsibility); and
(d) where-
(i) Part 9 of the Rules does not apply;
(ii) there is no prescribed form to use in relation to the application; and
(iii) there is unlikely to be a substantial dispute of fact.
Part 11 contains miscellaneous provisions such as applications for recovery orders and seeking directions from the High Court regarding fathers without parental responsibility. Part 12 sets out the procedure for disputing the court's jurisdiction. Part 13 contains provisions about human rights. Part 14 makes provision for applications for interim injunctions. Parts 15 and 16 contain rules about evidence. Part 17 deals with experts, Part 18 with change of solicitor and Part 19 with appeals.
These Rules come into force on 30 December 2005.
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| Made Under: |
Adoption and Children Act 2002 (C. 38) - 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. In accordance with section 79 of the Courts Act 2003 the Committee has consulted with persons it considered appropriate.
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