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