Directions appointments/hearings

In court, “parties” include the court welfare officer where the directions concern a report which has been requested from them.

Directions appointments

In proceedings the court may give, vary or revoke directions for the conduct of the proceedings for:

• the timetable for proceedings (e.g. dates of future appointments/hearings);
• varying the time period by which an act is required to be carried out;
• the attendance of the child;
• the service of documents;
• the submission of evidence including experts reports;
• the preparation of any welfare reports requested; and
• consolidation with other proceedings.

These directions may be given, varied or revoked either:

• by the court’s own initiative, having given all parties notice of its intention to do so and an opportunity to attend or make written representations in answer;
• on the written request of any party specifying the direction which is sought, filed and served on the other parties giving them an opportunity to attend or make written representations in answer; or
• on the written request of a party specifying the direction which is sought, and to which the other parties consent and which they, or their representatives, have signed.

In an urgent case, a request may, with the permission of the court, be made:

• orally;
• without notice to the other parties; or
• both orally and without notice to the other parties

Do the parties have to attend all the directions appointments?

The parties must attend a directions appointment when given notice unless:

• the court considers it in the interests of the child, having regard to the matters being discussed; or
• the party is represented by an advocate.

The child may be permitted to attend to make representations if the court considers that he has sufficient understanding of the situation.

The court will not begin to hear an application in the absence of the respondent(s) unless:

• it is proved to the court’s satisfaction that he received reasonable notice of the date of the hearing; and
• the court is satisfied that the circumstances of the case justify proceeding with the hearing.

Documentation for directions appointments.

A party must file and serve on all parties and the court welfare officer any:

• written statements of evidence intended for use, which must be signed and dated, and must contain a declaration that the maker believes everything in it to be true and that they understand that it may be put before the court; and
• copies of any documents (including expert reports) upon which the party intends to rely at a hearing or directions appointment.

Unless you get the court’s permission, you cannot use any document or evidence that you have not first served and filed on all parties to the proceedings.

The hearing

Unless the court directs otherwise, the parties must give evidence in the following order:

• the applicant;
• any party with parental responsibility;
• the respondent(s); and
• the child, if he is party to the proceedings.

After the final hearing, the court will deliver its Judgment as soon as is practical. When making or refusing an order, the court will state any findings of fact and the reasons for its decision.

For prohibited steps and specific issue orders made without the respondent, the applicant must serve a copy of the application, their sworn affidavit and a copy of the order on:-

• each party; and
• any person who has actually care of the child or who had such care immediately before the making of the order.