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Difference between revisions of "Adoption (3:XIII)"
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→5. Where Consent is Not Obtained
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=== 5. Where Consent is Not Obtained === | === 5. Where Consent is Not Obtained === | ||
Where consent is not obtained, Rule 17-1(24)0-7(1) cannot be used and an application must be made to the court to dispense with consent. Subject to circumstances where s 42 of the ''Adoption Act'' apply, an application under s 11 of the ''Adoption Act'' dispensing with notice of a proposed adoption to a birth father and an application under s 17 of the ''Adoption Act'' dispensing with consent to an adoption, may be included in an application for an order for adoption under ''Supreme Court Family Rule'' 17-1(26). See Family Practice Direction 1: Adoption Applications at www.courts.gov.bc.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx. | Where consent is not obtained, Rule 17-1(24)0-7(1) cannot be used and an application must be made to the court to dispense with consent. Subject to circumstances where s 42 of the ''Adoption Act'' apply, an application under s 11 of the ''Adoption Act'' dispensing with notice of a proposed adoption to a birth father and an application under s 17 of the ''Adoption Act'' dispensing with consent to an adoption, may be included in an application for an order for adoption under ''Supreme Court Family Rule'' 17-1(26). See Family Practice Direction 1: Adoption Applications at http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx. | ||
Since it is preferred that the petition not contain requests to dispense with consents, the applicantsshould file, with the petition, a Notice of Motion and supporting affidavit under Rule 44 asking that such consent be dispensed with. Note that for the application for an order dispensing with consent to be granted there can be no person whose “interests may be affected” by the adoption order. | Since it is preferred that the petition not contain requests to dispense with consents, the applicantsshould file, with the petition, a Notice of Motion and supporting affidavit under Rule 44 asking that such consent be dispensed with. Note that for the application for an order dispensing with consent to be granted there can be no person whose “interests may be affected” by the adoption order. | ||
