Family Procedure Rules

Contents

Introduction  
 
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