PRACTICE DIRECTION 5C – COMMUNICATIONS WITH THE COURT
This practice direction supplements Part 5 of the Family Procedure Rules 2010
1. Rule 5.7(1) FPR 2010 makes provision in relation to the requirement to disclose and, if in writing, to copy any communication with the court to the other parties or their representatives. Exceptions to the requirement are specified in rule 5.7(2), (3) and (7) FPR 2010. This practice direction supplements rule 5.7(7) FPR 2010.
2. Unless the court directs otherwise, the requirement in rule 5.7(1) FPR 2010 does not apply where a communication is sent by a party to proceedings to the court and paragraph 3, 4 or 5 applies.
3. This paragraph applies where the communication relates to proceedings under-
(a) the following provisions of the 2002 Act-
(i) section 42(6) (permission to apply for an adoption order)
(ii) section 46 (application for an adoption order);
(iii) section 51 (adoption by one person);
(iv) section 51A (post-adoption contact); or
(v) section 84 (giving parental responsibility prior to adoption abroad);
(b) Part 4A of the 1996 Act (forced marriage); or
(c) Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003.
4. This paragraph applies where the party sending the correspondence has not been provided with an address at which another party may be served with documents relating to the proceedings.
5. This paragraph applies where the party sending the correspondence is prevented by law from contacting another party and that other party is not legally represented. This might be as a result of a requirement imposed on the party sending the correspondence by, for example, a non-molestation order or a restraining order. If the other party is legally represented, then the correspondence must be sent to that legal representative.
6. Where a party relies on an exception to rule 5.7(1) FPR 2010 which is specified in this practice direction, the party must state in the correspondence with the court-
(a) which exception in this practice direction is being relied on; and
(b) why the party considers that the exception applies.