PRACTICE DIRECTION 23B - APPLICATIONS UNDER PARTICULAR STATUTES
See also Part 23, Practice Direction 23A
Applications under Part III of the Family Law Reform Act 1969 for use of scientific tests to determine parentage
1.1
In this section –
(1) ‘the Act’ means the Family Law Reform Act 1969;
(2) ‘direction’ means a direction under section 20(1) of the Act made in any proceedings in which a person’s parentage falls to be determined;
(3) ‘responsible adult’ means –
(a) in relation to a person under 16 to whom sub-paragraph (b) does not apply, the person having care and control of him;
(4) ‘samples’ means bodily samples within the meaning of section 25 of the Act; and
(5) ‘tests’ means scientific tests within the meaning of section 25 of the Act.
1.3
Unless the court orders otherwise –
(1) the court will serve a copy of the application notice on every party to the proceedings other than the applicant; and
(2) the applicant must serve a copy of the application notice personally on any other person who would be directed to give samples and, where paragraph 1.2 applies, on the responsible adult.
1.4
Unless the court orders otherwise, where the court gives a direction –
(1) the court will serve a copy of the direction on every party to the proceedings;
(2) the applicant must serve a copy of the direction personally on any other person directed to give samples and, where paragraph 1.2 applies, on the responsible adult; and
(3) further consideration of the proceedings shall be adjourned until the court receives a report of the tests carried out or samples taken.
