PRACTICE DIRECTION 12C – SERVICE OF APPLICATION IN CERTAIN PROCEEDINGS RELATING TO CHILDREN
See also Part 12, Practice Direction 12A, Practice Direction 12B, Practice Direction 12D, Practice Direction 12E, Practice Direction 12F, Practice Direction 12G, Practice Direction 12H, Practice Direction 12I, Practice Direction 12J, Practice Direction 12K, Practice Direction 12L, Practice Direction 12M, Practice Direction 12N, Practice Direction 12O, Practice Direction 12P
PRACTICE DIRECTION 12C – SERVICE OF APPLICATION IN CERTAIN PROCEEDINGS RELATING TO CHILDREN This Practice Direction supplements FPR Part 12 (Procedure Relating to Children except Parental Order Proceedings and Proceedings For Applications In Adoption, Placement and Related Proceedings), rule 12.8 (Service of the application)
Title | Number |
---|---|
Persons who receive copy of application form | Para. 1.1 |
Time for serving application | Para. 2.1 |
Persons who receive a copy of Form C6A (Notice to Non-Parties) | Para. 3.1 |
Persons who receive copy of application form
1.1
In relation to the proceedings in column 1 of the following table, column 2 sets out the documentation which persons listed in column 3 are to receive –
(Rule 12.3 sets out who the parties to the proceedings are.)
1.2
When filing the documents referred to in column 2 of the Table in paragraph 1.1, the applicant must also file sufficient copies for one to be served on each respondent and, except for Part 4 proceedings, Cafcass or CAFCASS CYMRU. In relation to Part 4 proceedings, the applicant need not file a copy of the documents for Cafcass or CAFCASS CYMRU as it is the applicant who sends copies of these documents to Cafcass or CAFCASS CYMRU in accordance with Practice Direction 12A.
1.3
Where the application for an order in proceedings referred to in column 1 of the Table in paragraph 1.1 is made in respect of more than one child all the children must be included in the same application form.
1.4
Form C6A (notice to non parties) must be served on the persons referred to in the Table in paragraph 3.1 at the same time as serving the documents in column 2 of the Table in paragraph 1.1.
Time for serving application
2.1
In relation to the proceedings in column 1 of the following table, column 2 sets out the time period within which the application and accompanying documents must be served on each respondent –
Proceedings | Minimum number of days prior to hearing or directions appointment for service |
---|---|
| 14 days |
| 7 days |
| 3 days |
| 4 days |
| 1 day |
2.2
The court may extend or shorten the time period referred to in column 2 of the table in paragraph 2.1 (see rule 4.1(3)(a)).
2.3
Where the application is to be served on a child, rule 6.33 provides that, in addition to the persons to be served in accordance with rules 6.28 and 6.32, the application must also be served on the persons or bodies listed in rule 6.33(3) unless the court orders otherwise.
Persons who receive a copy of Form C6A (Notice to Non-Parties)
3.1
Subject to paragraph 3.2, In relation to each type of proceedings in column 1 of the following table, the persons listed in column 2 are to receive a copy of Form C6A (Notice of Proceedings/Hearing/Directions Appointment to Non-Parties) –