Taxation of Costs

The table of fees and costs set forth in Appendix M to the Rules of the Supreme Court shall apply to the taxation of costs under the Families and Children Act. Costs. __________ 18 Families and Children SCHEDULE I FORM 1 [rule 3] ORIGINATING SUMMONS ON APPLICATION FOR AN ADOPTION ORDER 2………………… No. In the Supreme Court………………………………… In the Matter of (1) …………………………….an infant, AND In the Matter of the Families and Children Act. Let……………….of…………within seven days after service of this summons, inclusive of the day of such service, cause an appearance to be entered for him to this summons which is issued upon the application of …………..of………………. for an order: (1) That a guardian ad litem may be appointed for the purpose of safeguarding interests of the said infant; (2) (2) That the applicant be authorised to adopt the said infant; (3) That the costs of this application be provided for. Dated the……………. day of………………2 This summons was taken out by……………Attorney-at-Law for the above-named. Families and Children 19 The respondent may appear hereto by entering appearance either personally or by Attorney-at-Law at the Registrar General’s Office, Belize City. If the respondent does not enter appearance within the time and at the place above-mentioned, such order will be made and proceedings taken as the judge may think just and expedient. (1) Enter the name and surname which the infant is to bear after adoption. (2) Enter the present name and address of the infant. __________ 20 Families and Children FORM 2 [rule 6] UNDERTAKING TO PAY COSTS (Heading as in Form 1) In consideration of your acting as the guardian ad litem of A. B. an infant, I the undersigned…………………….Attorney-at- Law (1) hereby personally undertake and agree that as such guardian ad litem for the said A. B. you will duly receive and be paid all costs, charges and expenses which may be earned or incurred by you in relation to such guardianship or the duties thereof. Dated the…………..day of…………………2………. Signed (2) To (1) Delete if no Attorney-at-Law is acting for the applicant. (2) The undertaking should be signed by the Attorney-at-law acting for the applicant, or by the applicant if he is acting in person. __________ Families and Children 21 FORM 3 (rule 7) STATEMENT IN SUPPORT OF APPLICATION FOR AN ADOPTION ORDER (1) (Heading as in Form 1) 1. I, the undersigned, C. D. /We, the undersigned C. D. and E. D., desire to adopt A. B. (2), an infant, under the Families and Children Act. 2. I am/We are resident and domiciled in Belize. 3. I am unmarried/a widow/a widower/ I………………………..am married to E. D. of / We are married to each other and are the persons to whom the attached marriage certificate (or other evidence of marriage) relates. I…………………….Applicant, was born on the and I………………..Applicant, was born on the 4. The infant is of the……………sex and unmarried. He/She/was born on the ………… 2…………and is the person to whom the attached birth certificate (3) relates/was born on or about the………….………2……..…in……………… He/She is a citizen of Belize and is resident in Belize. He/She is related to me Applicant, and is my /is not related to me/us/Applicant(s). 5. The infant is the child/adopted child (4) of F. B. of whose last known address was 22 Families and Children /deceased and G. B. of………..whose………….last known address was /deceased. 6. L. M. is liable by virtue of an order or agreement to contribute to the maintenance of the infant. (To be inserted only where child is illegitimate). 7. I/We attach a document/documents signifying the consent of the said (5) to the making of an adoption order upon my/our application. 8. I/We request the judge to dispense with the consent of the said (6) on the following grounds: 9. The infant was received into my/our care and possession on the day of………………………..2……….from…….of and has been continuously in my/our care and possession since that date. 10. A certificate as to physical and mental health of the infant, signed by , a registered medical practitioner, on the ……….day of ……………., 2…………is attached. 11. I/We have not received or agreed to receive, and no person has made or given or agreed to make or give to me/us, any payment or other reward in consideration of the adoption (except as follows: ). 12. I have not made/Neither of us has made a previous application for an adoption order in respect of the same or any other infant to any court (except an application made to the Court at on the day of 2…………………which was dealt with as follows: ). 13. For the purposes of my/our application reference may be made to N O. of (7). 14. Further particulars of myself/ourselves are set out in the annex to this statement; and Families and Children 23 15. If an adoption order is made in pursuance of my/our application, it is proposed that the infant shall be known as Dated this………….day of……………2……….. Usual signature of applicant (1) This statement must be verified by affidavit, to which the statement, marriage certificate and other documents referred to in the statement should be exhibited. (2) Enter the first name(s) and surname as shown in the birth certificate referred to in paragraph 4, if available; otherwise enter name(s) and surname by which the infant was known before being placed for adoption. (3) If the infant has previously been adopted, a certified copy of the entry in the Adoption Register should be attached and not a copy of the original entry in the Register of Birth; and the particulars given in paragraph 5 should relate to the parent or parents by adoption and not to the natural parent or parents. (4) If the infant is illegitimate the father’s name should not be given in this entry. But see paragraph 6 above. (5) The names to be entered here are those of persons named in paragraphs 5 and 6, and (where the application is made by one of two spouses alone) of the spouse of the applicant. (6) This paragraph should be completed with the name of any of the persons mentioned in the previous note who has not signified his or her consent. (7) The name of one or more referees should be given. __________ 24 Families and Children FORM 4 [rule 7] CONSENT TO AN ADOPTION ORDER IN RESPECT OF AN INFANT NAMED A. B.(1) Whereas an application is to be made by ,…………….and whereas the said A. B. (hereinafter called the infant) is not less than six weeks old having been born in on the day of 2…………….., and is the person to whom the birth certificate now produced and shown to me, marked “A”, relates, I the undersigned of being the mother/ father/a guardian/a person liable by virtue of any order or agreement to contribute to the maintenance of the infant/the spouse of the said C. D. (2) hereby states as follows: (1) I understand that the effect of an adoption order is to deprive a parent or guardian of all rights in respect of the maintenance and upbringing of the infant. (2) I understand that, when the applicant for an adoption order in respect of the said infant is heard by the judge, this document may be used as evidence of my consent to the making of the order unless I have notified the Court that I no longer consent. (3) (3) I hereby consent to the making of an adoption order in pursuance of the said application (on condition that the religious persuasion in which the infant is brought up is ) (4) Signature Signed at………………….on the……………….day of………………2 by the said (who satisfied me that she fully Families and Children 25 understood the nature of the foregoing statement and was prepared to surrender her child or adoption) (5). Before me…………………………………. (Signature) (Address) (Description) (1) Insert name as known to the consenting party. (2) Delete those descriptions which do not apply. (3) The document should be attested before a Justice of the Peace or a Commissioner of Oaths so as to be admissible in evidence. (4) Delete words in brackets if the consenting party does not desire conditions as to religious upbringing. (5) Delete words in brackets except where the consenting party is the mother of the infant. __________ 26 Families and Children FORM 5 [rule 9] REPORT OF GUARDIAN ad litem TO THE COURT (1) The applicant is the wife/husband of (the applicants have been married for years) and the wife/husband of the applicant consents to the application. (2) The applicant has…………other children (including adopted children)…………………………… Names……..……..Age……………......Sex of children. (3) The applicant’s house contains……………….living rooms and bedrooms and the condition of the house is (State condition). (4) The applicant is…………………(state profession or employment) and earns annually………….dollars and is possessed of……………..state property). (5) The applicant and his family have/have not suffered from tuberculosis, epilepsy, mental illness or any serious illness. (6) The person specified in the applicant’s statement as a person to whom reference may be made is/is not a responsible person and recommends/ does not recommend the applicant without reservation. (7) The applicant understands that an adoption order is irrevocable and that the order if made will render him/them responsible for the maintenance and upbringing of the infant. (8) The infant has/has not a right or interest in property, viz. (State nature and value of property). Families and Children 27 (9) The infant is/is not old enough to understand the effect of an adoption order and wishes/does not wish the order to be made. Signature of Guardian ad litem __________ FORM 6 [rule 11] NOTICE OF HEARING OF AN APPLICATION FOR AN ADOPTION ORDER IN RESPECT OF AN INFANT NAMED A. B. To………………………………………………………… Whereas an application has been made by……………………………(name of applicant) and whereas……………………………….is the guardian ad litem of the said infant. TAKE NOTICE (a) That the said application will be heard at the Supreme Court, Belize City on the…………..day of……………….2…………..at………….the hour of…………………in the……………..noon and that you may appear to show cause why the said order should not be made: (b) that if you do not consent to the making of the order you should notify the Registrar General on or before the………day of……………2………..in order that a date and time may be fixed for you to attend and show cause why the adoption order should not be made. The form attached may be used for the purpose- To the Registrar General 28 Families and Children I have received notice of the hearing of the application for an adoption order in respect of A. B., an infant. Delete (a) or (b) (a) I consent to the making of the order. (b) I do not consent to the making of the order and I wish a date and time to be fixed for my attendance when I may state my case. Signature and address __________ FORM 7 [rule 16] NOTICE OF FURTHER HEARING OF APPLICATION FOR AN ADOPTION ORDER IN RESPECT OF AN INFANT NAMED A. B. (1) To……………………………………………………………… Whereas an application has been made by……………..of……………….and whereas……………..of is the guardian ad litem of the said infant, and whereas the determination of the said application was postponed and an interim order was made by the judge on the day of……………2; TAKE NOTICE (a) that the said application will be further heard before the judge at the Supreme Court, Belize City on the……………day…………….of……………………..2…… ……….at the hour of…………in……………the…………….noon and that you may appear to show cause why the adoption order should not be made; Families and Children 29 (b) that if you do not consent to the making of the order you should notify the Registrar General on or before the………………..day of……………2……….in order that a date and time may be fixed for you, to attend and show cause why the adoption order should not be made. The form attached may be used for this purpose. To the Registrar General, I have received notice of the further hearing of the application for an adoption order in respect of A. B. an infant. Delete (a) or (b) (a) I consent to the making of the order. (b) I do not consent to the making of the order and I wish a date and time to be fixed for my attendance when I may state my case. Signature and address __________