WHAT IS FORM A53 USED FOR?

Form A53 is used by an adopted child, their birth siblings, birth parents and adoptive parents to make an application to the family court to consider contact where the family court has not allowed or agreed to contact during the time of the adoption

Form A53 can also be used to apply to the court to restrict or stop contact.

Everybody other than the child and adoptive parents (birth siblings and birth parents) who will be submitting form A53 must ask the court for permission to apply first. They can do this by completing and submitting form C2. Form C2 can also be submitted alongside form A53 if need be. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM C2

The court will consider if contact is in the best interest of the child and upon the particulars of the individual case. If the court considers contact is the correct way forward, they will decide which type of contact will be allowed.

DIRECT CONTACT – Direct contact means telephone contact and in person contact. The court may allow direct contact between the child, the child’s siblings, the child’s birth parents and the adopted parents. However, this is mostly in cases where there are siblings involved.

INDIRECT CONTACT – Indirect contact is a process called ‘confidential letterbox contact’. Letterbox contact is where a child or birth parents can send letters and photos to each other a few times a year. The organisation who operates this service will handle the whole process. At no times will the contact details including addresses of the birth family and adoptive family be disclosed. 

Contact between an adopted child and their siblings and birth family is called post-adoption contact. 

Form A53 can be used to make an application for a contact or prohibitive contact order under section 51 (A) of the adoption and children act 2002. Under this act an application can be made by an adopted child, an adoptive parent(s), any individual who has the permission of the court.

LINK TO GOVERNMENT WEBSITE FOR SECTION 51 (A) OF THE ADOPTION AND CHILDREN ACT 2002

Form A53 can also be used to make an application for contact under section 26 of the adoption and children act 2002. Section 26 about a child under 6 weeks that has been placed for adoption. Under this act the following can make an application for contact: the child, the adoptive agency, any parent, guardian or relative and individuals with certain orders – please read note 1 on page 1 of the government guide mentioned below.

LINK TO GOVERNMENT WEBSITE FOR SECTION 26 OF THE ADOPTION AND CHILDREN ACT 2002

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM A53?

The government has issued a guide called A53NOTES to complete form A53 at present. Please click the link below.

LINK TO GOVERNMENT WEBSITE FOR A53 NOTES – APPLICATION FOR A CONTACT ORDER UNDER SECTION 26 OF THE ADOPTION AND CHILDREN ACT 2002 OR AN ORDER UNDER SECTION 51A OF THE ACT

Please read our webpage for domestic and intercountry child adoption for complete background information regarding adoption

LINK TO OUR L.I.P HELP GUIDE FOR DOMESTIC CHILD ADOPTION

LINK TO OUR L.I.P HELP GUIDE FOR INTERCOUNTRY CHILD ADOPTION

WHAT IS THE FEE TO SEND FORM A53 TO THE COURT AND HOW TO PAY FOR IT?

There is a fee to submit form A53 to the court.

Please click on the link below to government guide EX50 page 15 for family court fees.

LINK TO GOVERNMENT GUIDE EX50 FOR FAMILY COURT FEES

• Please attach a cheque or postal order made payable to HM Courts & Tribunal Service.
• If you are on certain benefits or on a low income, you can apply to the court to have your fees paid for you. The form you need is called form EX160. You can complete and submit the form online or download a hardcopy from the government website. You will need to attach proof of your benefits, your income, and/or 3 months bank statements. The government website also has the EX160A guidance notes which you can download and read to help you complete form EX160. You can send the completed form EX160 with all attachments along with your completed form A53 for the court to consider. Or you could have sent your completed form EX160 to the court in advance and received a ‘help with fees’ reference number starting with HWF to forward to the court when you submit form A53.

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX160 (Here, you can access both form EX160 & EX160A guidance notes) 

HOW TO COMPLETE FORM A53 AND WHERE TO SEND IT

• NOTE 1 – If you are completing and sending form A53 into the court then you are known as the petitioner or applicant. Everyone else who needs to be notified or the application is against is known as the respondent. These can be individuals with parental responsibility and anyone involved or affected by this application including the local authority. 
• NOTE 2 – You can complete form A53 online, then print a hard copy and sign and date it. Alternatively you can download it, print it and then complete it by black pen; 
• NOTE 3 – If you find there is not enough space to complete your answers on your form A53 then please use additional sheets of paper to continue and attach them to your supplementary form. Please write your name, address, and question number on the top of your additional sheets of paper. 
• NOTE 4 – Please send at least 3-4 copies of form A53, any evidence and any other forms to the court. The court will distribute the copies accordingly. One copy is required for the court, one for your local authority and one for each party in the proceedings and Cafcass.
• NOTE 5 – Please keep a copy of your form A53 and any attachments for yourself outside of the ones you send to the family court.
• Form A53 is 8 pages long.
• Part 1 on page 1 will ask you about your details. Please note that a copy of this application will be given to all parties. If you would like to keep your contact details confidential from other parties (adoptive parents may want to keep their contact details private from the birth parents) then please do not complete you contact details on your form A53. Fill in form A65 instead and attach it to your form A53. Please click on the link below. If you are an officer of the adoption agency and you are placing a child for adoption then you must put the contact details of the agency in this section. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM A65

• 1. 1a will ask for your title
  2. 1b will ask for your first name and surname
  3. 1c will ask for your address
  4. 1d will ask you to write your contact telephone number
  5. 1e will ask for your date of birth
  6. 1f will ask for your solicitor details if you have one
  7. 1g will ask you to tick the box that states who you are and tick the box for which court order you are applying for (for contact or to prohibit contact) or if a court order was and is in place. It will also ask if you are asking for permission to make this application or if you already have permission. If you have been given permission then write the details and attach a copy of the court order. As far as any other court orders are concerned please attach a copy to this application form A53.
• Part 2 on page 3 will ask for the child’s details.
  1. 2a will ask for the child’s BIRTH first and surname name
  2. 2b will ask for the child’s gender
  3. 2c will ask for the child’s date of birth
  4. 2d will ask for the child’s address if you know it.
  5. 2e will ask for details of whom the child lives with if you know it. 
  6. 2f will ask for the details of the adoption agency worker who is dealing with the child’s adoption.
  7. 2g will ask if the child has a placement order or there are ongoing placement proceedings with regards to the child. Please tick the ‘yes’ or ‘no’ box and give details.
  8. 2h will ask the date of the placement
  9. 2j will ask if the child has a final adoption order. If the answer is yes you will be required to provide the details.
  10. 2j will ask if there are any other court proceedings concerning the child. If there are you will be required to provide the details. 
  11. 2k will ask you about any court cases that you know of the concern a child related to the child this application is about.
• Part 3 on page 5 will ask you details about the respondents in this case. You must only complete part 3 if you are asking for contact or prohibiting contact post adoption under section 51A of the adoption and children act 2002. You will be asked for the respondents first and surname, their relationship to the child, and address details or their solicitors address.
• Part 4 on page 6 will ask about the child’s parents or guardian. If the child has previously been adopted you must write the details of the adoptive parents and not the birth parents. 
  1. 4a will ask for the first and surname of the child’s mother
  2. 4b will ask for her address. If the mother has passed away, write deceased. 
  3. 4c will ask for the first and surname of the child’s father
  4. 4d will ask for the fathers address. If the father has passed away, write deceased.
  5. 4e will ask if the father has parental responsibility for the child. If he has acquired it then if you have any paperwork please attach it to your form. 
  6. 4f will ask for the first and surname of the guardian. If there is no guardian please write not applicable.
  7. 4g will ask for the address of the guardian.
• Part 5 on page 7 will ask you to give details about the court order you want the court to make and the reasons why. Please ensure that if you do not want your contact details or your identity being disclosed then please do not include information that could do this.
• Part 6 on page 7 will ask you to date and sign a statement of truth.
• On page 8 you will be asked if you would need any special assistance or facilities when you attend court if you have a disability. If you do, you must provide details in the box. You will also be asked if you need an interpreter and if you do which language do you need an interpreter for.
• Please read page 8 of your form A53 and if you need to attach any copies of the court orders listed then please do so.

WHERE CAN YOU FIND FORM A53/DOWNLOAD THIS FORM?

Please click on the link below to access form A53 from the government website. 

LINK TO GOVERNMENT WEBSITE FOR FORM A53

WHEN WAS FORM A53 FIRST PUBLISHED AND LAST UPDATED?

Form A53 was first published by the government (HM Courts & Tribunals Service) on 01-11-2016.