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Difference between revisions of "Adoption (3:XIII)"
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→5. Where a Consent is Not Obtained
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If all of the necessary consents have been obtained, no notice need to be given and the application is made under Rule 17-1(24) of the ''BC Supreme Court Family Rules''. The real application is thus the Requisition made to the registry and all other documents can be “the material on which the application is founded”. | If all of the necessary consents have been obtained, no notice need to be given and the application is made under Rule 17-1(24) of the ''BC Supreme Court Family Rules''. The real application is thus the Requisition made to the registry and all other documents can be “the material on which the application is founded”. | ||
=== 5. Where | === 5. Where Consent is Not Obtained === | ||
Where a 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. | Where a 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. | ||
