PRACTICE DIRECTION 12C – SERVICE OF APPLICATION IN CERTAIN PROCEEDINGS RELATING TO CHILDREN

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)

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 –

Proceedings Documentation Who receives a copy of the documentation
  • 1. Private law proceedings;
    public law proceedings;
    emergency proceedings (except those proceedings referred to in entries 2 and 3 of the Table below);
    proceedings for a declaration under rule 12.71 as to the existence, or extent, of parental responsibility under Article 16 of the 1996 Hague Convention;
    an order relating to the exercise of the court's inherent jurisdiction (including wardship proceedings)
  • Application form (including any supplementary forms);
    Form C6 (Notice of proceedings); and
    in private law proceedings, the form of answer
  • All the respondents to the application
  • 2. An enforcement order (section 11J of the 1989 Act);
    a financial compensation order (section 11O of the 1989 Act)
  • As above
  • All the respondents to the application; and
    where the child was a party to the proceedings in which the child arrangements order was made –

    (a) the person who was the children's guardian or litigation friend in those proceedings; or

    (b) where there was no children's guardian or litigation friend, the person who was the legal representative of the child in those proceedings.

  • 3. A care or a supervision order (section 31 of the 1989 Act) and other Part 4 proceedings 
  • As above and such of the documents specified in the Annex to Form C110A as are available
  • All the respondents to the application; and
    Cafcass or CAFCASS CYMRU
  • 4. Proceedings for an order for the return of a child under the 1980 Hague Convention or registration of an order under the European Convention
  • As above and the documents referred to in part 2 of the Practice Direction 12F (International Child Abduction)
  • All the respondents to the application

(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
  • 1. Private law proceedings; and
    proceedings for –
    • an order relating to the exercise of the court's inherent jurisdiction (including wardship proceedings);
    • a declaration under rule 12.71 as to the existence, or extent, of parental responsibility under Article 16 of the 1996 Hague Convention.
14 days
  • 2. Public law proceedings except proceedings for an interim care order, an interim supervision order or other proceedings referred to in Box 3 below.
7 days
  • 3. Proceedings for –
    • an interim care order, or the discharge of such an order under section 39(1) of the 1989 Act;
    • an interim supervision order under section 38 (1) of the 1989 Act, the discharge or variation of such an order under section 39(2) of the 1989 Act, or the extension or further extension of such an order under paragraph 6(3) of Schedule 3 to that Act;
    • an order varying directions made with an interim care order or interim supervision order under section 38(8)(b) of the 1989 Act;
    • an order under section 39(3) of the 1989 Act varying an interim supervision order in so far as it affects a person with whom the child is living but who is not entitled to apply for the order to be discharged;
    • an order under section 39(3A) of the 1989 Act varying or discharging an interim care order in so far as it imposes an exclusion requirement on a person who is not entitled to apply for the order to be discharged;
    • an order under section 39(3B) of the 1989 Act varying or discharging an interim care order in so far as it confers a power of arrest attached to an exclusion requirement.
3 days
  • 4. Proceedings for an order for the return of a child under the 1980 Hague Convention or registration of an order under the European Convention.
4 days
  • 5. Emergency proceedings.
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

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) –

Proceedings Persons to whom notice is to be given
  • 1. All applications
  • Subject to separate entries below:
    local authority providing accommodation for the child;
    persons who are caring for the child at the time when the proceedings are commenced; and
    in the case of proceedings brought in respect of a child who is alleged to be staying in a refuge which is certified under section 51(1) or (2) of the 1989 Act, the person who is providing the refuge
  • 2. An order appointing a guardian (section 5(1) of the 1989 Act)
  • As for all applications; and
    the father or parent (being a woman who is a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008) of the child if that person does not have parental responsibility
  • 3. A section 8 order (section 8 of the 1989 Act)
  • As for all applications; and,
    every person whom the applicant believes –

    (i) to be named in a court order with respect to the same child, which has not ceased to have effect;

    (ii) to be party to pending proceedings in respect of the same child; or

    (iii) to be a person with whom the child has lived for at least 3 years prior to the application,

    unless, in a case to which (i) or (ii) applies, the applicant believes that the court order or pending proceedings are not relevant to the application
  • 4. A special guardianship order (section 14A of the 1989 Act);
    variation or discharge of a special guardianship order (section 14D of the 1989 Act).
  • As for all applications; and
    every person whom the applicant believes –

    (i) to be named in a court order with respect to the same child, which has not ceased to have effect;

    (ii) to be party to pending proceedings in respect of the same child; or

    (iii) to be a person with whom the child has lived for at least 3 years prior to the application,

    unless, in a case to which (i) or (ii) applies, the applicant believes that the court order or pending proceedings are not relevant to the application;
    if the child is not being accommodated by the local authority, the local authority in whose area the applicant is ordinarily resident; and
    in the case of an application under section 14D of the 1989 Act, the local authority that prepared the report under section 14A(8) or (9) in the proceedings leading to the order which it is sought to have varied or discharged, if different from any local authority that will otherwise be notified
  • 5. An order permitting the local authority to arrange for any child in its care to live outside England and Wales (Schedule 2, paragraph 19(1) of the 1989 Act)
  • As for all applications; and
    the parties to the proceedings leading to the care order
  • 6. A care or supervision order(section 31 of the 1989 Act)
  • As for all applications; and
    every person whom the applicant believes to be a party to pending relevant proceedings in respect of the same child; and
    every person whom the applicant believes to be a parent without parental responsibility for the child
  • 7. A child assessment order (section 43(1) of the 1989 Act)
  • As for all applications; and
    every person whom the applicant believes to be a parent of the child;
    every person whom the applicant believes to be caring for the child;
    every person in whose favour a child arrangements order is  in force with respect to the child;and
    every person who is allowed to have contact with the child by virtue of an order under section 34 of the 1989 Act
  • 8. An order varying or discharging a child assessment order (section 43(12) of the 1989Act)
  • The persons referred to in section 43(11)(a) to (e) of the 1989 Act who were not party to the application for the order which it is sought to have varied or discharged
  • 9. An emergency protection order (section 44(1) of the 1989 Act)
  • As for all applications above; and
    every person whom the applicant believes to be a parent of the child
  • 10. An order varying a direction under section 44(6) in an emergency protection order (section44(9)(b) of the 1989 Act)
  • As for all applications; and
    the local authority in whose area the child is living; and
    any person whom the applicant believes to be affected by the direction which it is sought to have varied
  • 11. A warrant authorising a constable to assist in the exercise of certain powers to search for children and inspect premises (section 102 of the 1989 Act)
  • The person referred to in section 102(1) of the 1989 Act; and
    any person preventing or likely to prevent such a person from exercising powers under enactments mentioned in subsection (6) of that section
  • 12. An enforcement order (section 11J of the 1989 Act);
    a financial compensation order (section 11O of the 1989 Act)
  • Any officer of the Service or Welsh family proceedings officer who is monitoring compliance with a child arrangements order (in accordance with section 11H(2) of the 1989 Act)
  • 13. An order revoking or amending an enforcement order (Schedule A1, paragraphs 4 to 7 of the 1989 Act)(rule 12.33 makes provision regarding applications under Schedule A1, paragraph5 of the 1989 Act); an order following a breach of an enforcement order(Schedule A1, paragraph 9 of the 1989 Act)
  • Any officer of the Service or Welsh family proceedings officer who is monitoring compliance with the enforcement order (in accordance with section 11M(1) of the 1989Act);
    the responsible officer (as defined in section 197 of the Criminal Justice Act 2003, as modified by Schedule A1 to the 1989 Act)
  • 14. A declaration under rule 12.71 as to the existence, or extent, of parental responsibility under Article16 of the 1996 Hague Convention
  • A person who the applicant believes is a parent of the child
Ministry of Justice

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