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see also Part 9

# Practice Direction – Other Applications in Proceedings This Practice Direction supplements Part 9 of the Family Procedure (Adoption) Rules 2005

## Application of Part 9

### 1

All applications for the court’s permission should be made under this Part other than applications for permission to:

(a) change a child’s surname; or

(b) remove a child from the jurisdiction,

which should be made by in accordance with Part 5.

## Application notices

### 2.1

An application notice must, in addition to the matters set out in rule 90, be signed and include:

(a) the title of the case (if available);

(b) the reference number of the case (if available);

(c) the full name of the applicant;

(d) where the applicant is not already a party, his address including a postcode1, save that if the applicant does not wish his address to be revealed to any other party he may give his address to the court in a separate form prescribed for that purpose; and

(e) either a request for a hearing or a request that the application be dealt with without a hearing.

(Form FP2 may be used.)

### 2.2

In addition to the matters set out in rule 90 and paragraph 2.1, an application notice relating to an application under section 42(6) (permission to apply for an adoption order) must include:

(a) the child’s name, sex, date of birth and nationality;

(b) in relation to each of the child’s parents or guardian, their name, address and nationality;

(c) the length of time that the child has had his home with the applicant;

(d) the reason why the child has his home with the applicant;

(e) details of any local authority or adoption agency involved in placing the child in the applicant’s home; and

(f) if there are or have been other court proceedings relating to the child, the nature of those proceedings, the name of the court in which they are being or have been dealt with, the date and type of any order made and, if the proceedings are still ongoing, the date of the next hearing.

### 2.3

On receipt of an application notice containing a request for a hearing, unless the court considers that the application is suitable for consideration without a hearing, the court officer will notify the applicant of the time and date fixed for the hearing of the application.

### 2.4

On receipt of an application notice containing a request that the application be dealt with without a hearing, the court will decide whether the application is suitable for consideration without a hearing.

### 2.5

Where the court considers that the application is suitable for consideration without a hearing, it may give directions for the filing of evidence and the court officer will inform the applicant and the respondent(s) of the court’s decision. (Rules 93 and 94 enable a party to apply for an order made without a hearing to be set aside or varied.)

### 2.6

Where the court does not agree that the application is suitable for consideration without a hearing it may give directions as to the filing of evidence and the court officer will notify the applicant and the respondent of the time, date and place for the hearing of the application and any directions given.

### 2.7

Every application should be made as soon as it becomes apparent that it is necessary or desirable to make it.

### 2.8

Applications should wherever possible be made so that they can be considered at any directions hearing or other hearing for which a date has already been fixed or for which a date is about to be fixed.

### 2.9

The parties must anticipate that at any hearing (including any directions hearing) the court may wish to review the conduct of the case as a whole and give any necessary directions. They should be ready to assist the court in doing so and to answer questions the court may ask for this purpose.

### 2.10

Where a date for a hearing has been fixed and a party wishes to make an application at that hearing but he does not have sufficient time to file an application notice he should inform the court (if possible in writing) and, if possible, the other parties as soon as he can of the nature of the application and the reason for it. He should then make the application orally at the hearing.

## Applications without service of application notice

### 3

An application may be made without the court officer serving an application notice only:

(1) where there is exceptional urgency;

(2) where the overriding objective is best furthered by doing so;

(3) by consent of all parties;

(4) with the permission of the court;

(5) where paragraph 2.10 applies; or

(6) where a rule or practice direction permits.

## Giving notice of an application

### 4

Unless the court directs otherwise or paragraph 3 of this Practice Direction applies the application notice will be served, by a court officer, as soon as practicable after it has been issued and, if there is to be a hearing, at least 7 clear days before the hearing date.

## Telephone hearings

### 5.1

The court may direct that an application or part of an application be dealt with by a telephone hearing.

### 5.2

The applicant should indicate on his application notice if he seeks a direction under paragraph 5.1. Where he has not done so but nevertheless wishes to seek an order the request should be made as early as possible.

### 5.3

A direction under 5.1 will not normally be made unless every party entitled to be given notice of the application and to be heard at the hearing has consented to the order.

### 5.4

(1) Where a party entitled to be heard at the hearing of the application is acting in person, the court –

(a) may not make a direction under 5.1 except on condition that arrangements will be made for the party acting in person to be attended at the telephone hearing by a responsible person to whom the party acting in person is known and who can confirm to the court the identity of the party; and

(b) may not give effect to a direction under 5.1 unless the party acting in person is accompanied by a responsible person who at the commencement of the hearing confirms to the court the identity of the party;

(2) the ‘responsible person’ may be a barrister, solicitor, legal executive, doctor, clergyman, police officer, prison officer or other person of comparable status; and

(3) if the court makes a direction under 5.1 it will give any directions necessary for a telephone hearing.

### 5.5

No representative of a party to an application being heard by telephone may attend the court in person while the application is being heard unless the other parties to the application have agreed that he may do so.

### 5.6

If an application is to be heard by telephone the following directions will apply, subject to any direction to the contrary:

(1) the applicant’s legal representative must arrange the telephone conference for precisely the time fixed by the court. The telecommunications provider must be capable of connecting the parties and the court;

(2) he must tell the operator the telephone numbers of all those participating in the conference call and the sequence in which they are to be called;

(3) it is the responsibility of the applicant’s legal representative to ascertain from all the other parties whether they have instructed counsel, and whether the legal representative and counsel will be on the same or different telephone numbers;

(4) the sequence in which they are to be called will be:

(a) the applicant’s legal representative and (if on a different number) his counsel

(b) the legal representative (or counsel) for all other parties; and

(c) the judge, district judge or justices, as the case may be;

(5) the applicant’s legal representative must arrange for the conference to be recorded on tape by the telecommunications provider whose system is being used and must send the tape to the court;

(6) each speaker is to remain on the line after being called by the operator setting up the conference call. The call may be 2 or 3 minutes before the time fixed for the application;

(7) when the judge, district judge or justices have been connected the applicant’s legal representative (or his counsel) will introduce the parties in the usual way;

(8) if the use of a ‘speaker phone’ by any party causes the court or any other party difficulty in hearing what is said the court may require the party to use a hand held telephone; and

(9) the telephone charges debited to the account of the party initiating the conference call will be treated as part of the costs of the application.

## Video conferencing

### 6

Where the parties to a matter wish to use video conferencing facilities, and those facilities are available in the relevant court, they should apply to the court for directions.

(Paragraph 27 and Annex 3 of the practice direction supplementing Part 15 provide guidance on the use of video conferencing)

## Note of proceedings

### 7

The court or court officer should keep, either by way of a note or a tape recording, brief details of all proceedings before the court, including the dates of the proceedings and a short statement of the decision taken at each hearing.

## Evidence

### 8.1

The requirement for evidence in certain types of applications is set out in some of the rules and practice directions. Where there is no specific requirement to provide evidence it should be borne in mind that, as a practical matter, the court will often need to be satisfied by evidence of the facts that are relied on in support of or for opposing the application.

### 8.2

The court may give directions for the filing of evidence in support or opposing a particular application. The court may also give directions for the filing of evidence in relation to any hearing that it fixes on its own initiative. The directions may specify the form that evidence is to take and when it is to be served.

### 8.3

Where it is intended to rely on evidence which is not contained in the application itself, the evidence, if it has not already been served, should be served with the application.

### 8.4

Where a respondent to an application wishes to rely on evidence it must be filed in accordance with any directions the court may have given and a court officer will serve the evidence on the other parties, unless the court directs otherwise.

### 8.5

If it is necessary for the applicant to file any evidence in reply the court officer will serve it on the other parties, unless the court directs otherwise.

### 8.6

Evidence must be filed with the court as well as served on the parties. Exhibits should not be filed unless the court otherwise directs.

### 8.7

The contents of an application notice may be used as evidence provided that the contents have been verified by a statement of truth.

## Consent orders

### 9.1

The parties to an application for a consent order must ensure that they provide the court with any material it needs to be satisfied that it is appropriate to make the order. Subject to any rule or practice direction a letter will generally be acceptable for this purpose.

### 9.2

Where a judgment or order has been agreed in respect of an application where a hearing date has been fixed, the parties must inform the court immediately.

## Other applications considered without a hearing

### 10.1

Where rule 92(b) applies the parties should so inform the court in writing and each should confirm that all evidence and other material on which he relies has been disclosed to the other parties to the application.

### 10.2

Where rule 92(c) applies the court will treat the application as if it were proposing to make an order on its own initiative.

## Miscellaneous

### 11.1

Except in the most simple application the applicant should bring to any hearing a draft of the order sought. If the case is proceeding in the High Court and the order is unusually long or complex it should also be supplied on disk for use by the court office.

### 11.2

Where rule 95 applies the power to re-list the application in rule 95(2) is in addition to any other powers of the court with regard to the order (for example to set aside, vary, discharge or suspend the order).

## Costs

### 12

Attention is also drawn to rule 44.13(i) of the CPR which provides that if an order makes no mention of costs, none are payable in respect of the proceedings to which it relates.

## Footnotes

1. Postcode information may be obtained from www.royalmail.com or the Royal Mail Address Management Guide.

Published by TSO on behalf of the Ministry of Justice

Applications to reproduce the material in this value added publication should be addressed to Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey, TW9 4DU.

An application can be made via the OPSI website (opens in a new window) or by e-mailing: licensing@opsi.gov.uk

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