Service of documents
- Provide translated documents when serving adoption papers abroad
UK Statutory Instrument
2005
United Kingdom
The Family Procedure (Adoption) Rules 2005
At a glance
What's here
1 compliance obligation
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Browse 182 other sections — procedural / definitional / commencement
The overriding objective
Application by the court of the overriding objective
Duty of the parties
Court’s duty to manage cases
Extent and application of other rules
Interpretation
Power to perform functions of the court
Court’s discretion as to where it deals with cases
Court documents
Computation of time
Dates for compliance to be calendar dates and to include time of day
The court’s general powers of management
Exercise of powers of court’s own initiative
Court officer’s power to refer to the court
General power of the court to rectify matters where there has been an error of procedure
Power of the court to make civil restraint orders
Forms
Documents to be attached to the application form
How to start proceedings
Application for a serial number
Personal details
Application of this Part
Who the parties are
What the court or a court officer will do when the application has been issued
Date for first directions hearing
The first directions hearing
Requesting the court to dispense with the consent of any parent or guardian
Consent
Reports by the adoption agency or local authority
Health reports
Notice of final hearing
The final hearing
Proof of identity of the child
Scope of this Part
Methods of service
Who is to serve
Service of documents on children and patients
Deemed service
Power of court to dispense with service
Certificate of service
Notice of non-service
Scope and definitions
Method of service – general provisions
Service through foreign governments, judicial authorities and British Consular authorities
Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
Service in accordance with the
Undertaking to be responsible for expenses of the Foreign and Commonwealth Office
Application of this Section
Requirement for litigation friend in proceedings
Circumstances in which the non-subject child does not need a litigation friend
Stage of proceedings at which a litigation friend becomes necessary
Who may be a litigation friend for a patient without a court order
How a person becomes a litigation friend without a court order
How a person becomes a litigation friend by court order
Court’s power to change litigation friend and to prevent person acting as litigation friend
Appointment of litigation friend by court order – supplementary
Procedure where appointment of litigation friend comes to an end
Appointment of children’s guardian
What the court or a court officer will do once the court has made a decision about appointing a children’s guardian
Termination of the appointment of the children’s guardian
Powers and duties of the children’s guardian
How the children’s guardian exercises his duties – investigations and appointment of solicitor
Where the child instructs a solicitor or conducts proceedings on his own behalf
How the children’s guardian exercises his duties – attendance at court, advice to the court and reports
How the children’s guardian exercises his duties – service of documents and inspection of records
How the children’s guardian exercises his duties – communication of a court’s decision to the child
Solicitor for child
When the court appoints a reporting officer
Appointment of the same reporting officer in respect of two or more parents or guardians
The duties of the reporting officer
How the reporting officer exercises his duties
Request by court for a welfare report in respect of the child
How the children and family reporter exercises his powers and duties
Persons who may not be appointed as children’s guardian, reporting officer or children and family reporter
Appointment of the same person as children’s guardian, reporting officer and children and family reporter
Confidential reports to the court and disclosure to the parties
Communication of information relating to proceedings
Orders for disclosure against a person not a party
Rules not to limit other powers of the court to order disclosure
Claim to withhold inspection or disclosure of a document
Custody of documents
Inspection and copies of documents
Disclosing information to an adopted adult
Translation of documents
Types of application for which Part 9 procedure may be followed
Application notice to be filed
Notice of an application
Time when an application is made
What an application notice must include
Service of a copy of an application notice
Applications which may be dealt with without a hearing
Service of application where application made without notice
Application to set aside or vary order made without notice
Power of the court to proceed in the absence of a party
Dismissal of totally without merit applications
Types of application for which Part 10 procedure may be followed
Contents of the application
Issue of application without naming respondents
Acknowledgement of service
Consequence of not filing an acknowledgement of service
Filing and serving written evidence
Evidence – general
Procedure where respondent objects to use of the Part 10 procedure
Applications under section 60(3) and 79(4) or rule 108
Withdrawal of application
Application for recovery orders
Inherent jurisdiction and fathers without parental responsibility
Timing of applications for section 89 order
Costs
Orders
Copies of orders
Amendment and revocation of orders
Keeping of registers
Procedure for disputing the court’s jurisdiction
Human Rights Act 1998
Scope of this Part
Order for interim injunction
Time when an order for an interim injunction may be made
How to apply for an interim injunction
Interim injunction to cease if application is stayed
Making an admission
Power of court to control evidence
Evidence of witnesses – general rule
Evidence by video link or other means
Service of witness statements for use at final hearing
Use at final hearing of witness statements which have been served
Evidence in proceedings other than at final hearing
Order for cross-examination
Form of witness statement
Witness summaries
Cross-examination on a witness statement
False statements
Affidavit evidence
Form of affidavit
Affidavit made outside the jurisdiction
Notarial acts and instruments
Use of plans, photographs and models as evidence
Evidence of finding on question of foreign law
Scope of this Section
Witness summonses
Issue of a witness summons
Time for serving a witness summons
Who is to serve a witness summons
Right of witness to travelling expenses and compensation for loss of time
Evidence by deposition
Conduct of examination
Enforcing attendance of witness
Use of deposition at a hearing
Where a person to be examined is out of the jurisdiction – letter of request
Fees and expenses of examiner of the court
Interpretation
Where a person to be examined is in another Regulation State
Duty to restrict expert evidence
Interpretation
Experts – overriding duty to the court
Court’s power to restrict expert evidence
General requirement for expert evidence to be given in a written report
Written questions to experts
Court’s power to direct that evidence is to be given by a single joint expert
Instructions to a single joint expert
Power of court to direct a party to provide information
Contents of report
Use by one party of expert’s report disclosed by another
Discussions between experts
Consequence of failure to disclose expert’s report
Expert’s right to ask court for directions
Change of solicitor – duty to give notice
Order that a solicitor has ceased to act
Removal of solicitor who has ceased to act on application of another party
Scope and interpretation
Parties to comply with the practice direction
Permission
Appellant’s notice
Respondent’s notice
Variation of time
Stay
Amendment of appeal notice
Striking out appeal notices and setting aside or imposing conditions on permission to appeal
Appeal court’s powers
Hearing of appeals
Assignment of appeals to the Court of Appeal
Reopening of final appeals
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