Part 12 PROCEEDINGS RELATING TO CHILDREN EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS

Part 12 PROCEEDINGS RELATING TO CHILDREN EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS

First Appointment, Case Management Conference and Issues Resolution Hearing

12.25

(1) The court may set the date for the First Appointment, Case Management Conference and Issues Resolution Hearing at the times and in the circumstances referred to in Practice Direction 12A.

(2) The matters which the court will consider at the hearings referred to in paragraph (1) are set out in Practice Direction 12A.

Hearings

12.21

(1) The court may give directions about the order of speeches and the evidence at a hearing.

(2) Subject to any directions given under paragraph (1), the parties and the children’s guardian must adduce their evidence at a hearing in the following order –

(a) the applicant;

(b) any party with parental responsibility for the child;

(c) other respondents;

(d) the children’s guardian;

(e) the child, if the child is a party to proceedings and there is no children’s guardian.

Discussion between advocates

12.26

(1) When setting a date for a Case Management Conference or an Issues Resolution Hearing the court will direct a discussion between the parties’ advocates to –

(a) discuss the provisions of a draft of the Case Management Order; and

(b) consider any other matter set out in Practice Direction 12A.

(2) Where there is a litigant in person the court will give directions about how that person may take part in the discussions between the parties’ advocates.

(3) The court will direct that following a discussion between advocates they must prepare or amend a draft of the Case Management Order for the court to consider.

(4) Where it is not possible for the advocates to agree the terms of a draft of the Case Management Order, the advocates should specify on a draft of the Case Management Order or on a separate document if more practicable –

(a) those provisions on which they agree; and

(b) those provisions on which they disagree.

(5) Unless the court directs otherwise –

(a) any discussion between advocates must take place no later than 2 days; and

(b) a draft of the Case Management Order must be filed with the court no later than 1 day,

before the Case Management Conference or the Issues Resolution Hearing whichever may be appropriate.

(6) For the purposes of this rule ‘advocate’ includes a litigant in person.