The Family Procedure Rules 2010

CHAPTER 3 E+W ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982,THE JUDGMENTS REGULATION [F1 , THE MAINTENANCE REGULATION] [F2 , THE 2007 HAGUE CONVENTION] AND THE LUGANO CONVENTION

Textual Amendments

F1 Words in Pt. 34 Ch. 3 heading inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 23

F2 Words in Pt. 34 Ch. 3 heading inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 20

[F3 Application of this Chapter E+W

34.28A.— (1) In this Chapter—

[F4 (a) references to a maintenance order include—

(i) a decision, a court settlement or an authentic instrument within the meaning of Article 2 of the Maintenance Regulation where that Regulation applies;

(ii) a maintenance decision to which Chapter V of the 2007 Hague Convention applies by virtue of Article 19(1) of that Convention;

(iii) a maintenance arrangement (as defined in Article 3(e) of the 2007 Hague Convention) which is to be recognised and enforceable in the same way as a maintenance decision by virtue of Article 30 of that Convention;]

(b) references to the Hague Protocol are to the Protocol on the Law Applicable to Maintenance Obligations done at The Hague on 23 November 2007 [F5 ;]

[F6 (c) “the 1968 Convention” has the meaning given in the 1982 Act.]

(2) In relation to the Maintenance Regulation—

(a) Section 1 applies to maintenance orders to which Sections 2 and 3 of Chapter IV of the Maintenance Regulation apply (decisions given in a Member State which does not apply the rules of the Hague Protocol, that is, Denmark, and decisions to which Sections 2 and 3 of Chapter IV of that Regulation apply by virtue of Article 75(2)(a) or (b));

(b) Section 2 applies to all maintenance orders made in a magistrates’ court in England and Wales for which reciprocal enforcement is sought in any Member State of the European Union, including Denmark.

(Provision in respect of enforcement of maintenance orders to which Section 1 [F7 of Chapter IV] of the Maintenance Regulation applies (maintenance decisions given in Member States other than Denmark) is made in the Magistrates’ Courts Rules 1981)]

Textual Amendments

F3 Rule 34.28A inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 24

F4 Rule 34.28A(1)(a) substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 21

F5 Punctuation in rule 34.28A(1)(b) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 28(a) (with rule 30)

F6 Rule 34.28A(1)(c) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 28(b) (with rule 30)

F7 Words in rule 34.28A inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 28(c) (with rule 30)

SECTION 1 E+W Registration and Enforcement in a Magistrates' Court of Maintenance Orders made in a Contracting State to the 1968 Convention, a Contracting State to the 1988 Convention, a Regulation State [F8 , a State bound by the 2007 Hague Convention other than a Member State of the European Union] or a State bound by the Lugano Convention

Textual Amendments

F8 Words in Pt. 34 Ch. 3 Section 1 heading inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 22

Interpretation E+W

34.29.  In this Section—

(a) an expression defined in the 1982 Act has the meaning given to it in that Act [F9 , subject to paragraph (b)]; and

[F10 (b) “Regulation State” means a Member State of the European Union which does not apply the rules of the Hague Protocol, or, where registration is sought for a maintenance order to which Article 75(2)(a) or (b) of the Maintenance Regulation applies, the Member State of the European Union from which the order originated.]

Textual Amendments

F9 Words in rule 34.29(a) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 25(a)

F10 Rule 34.29(b) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 25(b)

[F11 Application under Article 30 of the Maintenance Regulation [F12 or under Article 23 of the 2007 Hague Convention] for a declaration of enforceability E+W

34.29A.   An application under Article 30 of the Maintenance Regulation for a declaration of enforceability of a maintenance [F13 order, or under Article 23(2) or (3) of the 2007 Hague Convention for registration of a maintenance order,] will be determined by the justices’ clerk for the local justice area in which the court is situated.]

Textual Amendments

F11 Rule 34.29A inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 26

F12 Words in rule 34.29A heading inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 23(a)

F13 Words in rule 34.29A substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 23(b)

Registration of maintenance orders E+W

34.30.—(1) In this rule, “ assets to which the 1958 Act applies” means assets against which, after registration in the High Court, the maintenance order could be enforced under Part 1 of the 1958 Act.

(2) This rule applies where the court officer for a magistrates' court receives—

(a) an application under Article 31 of the 1968 Convention for the enforcement of a maintenance order made in a Contracting State other than the United Kingdom;

(b) an application under Article 31 of the 1988 Convention for the enforcement of a maintenance order made in a State bound by the 1988 Convention other than a Member State of the European Union;

[F14 (c) an application under Article 26 of the Maintenance Regulation for a declaration of enforceability of a maintenance order made in a Regulation State other than the United Kingdom; F15 ...]

(d) an application under Article 38 of the Lugano Convention for the enforcement of a maintenance order made in a State bound by the Lugano Convention other than a Member State of the European Union F16 ...[F17 ; or

(e) an application under Article 23 of the 2007 Hague Convention for registration of a maintenance order made in a State bound by that Convention other than a Member State of the European Union.]

(3) The court officer must—

(a) take such steps as appear appropriate for ascertaining whether the payer resides within the local justice area for which the court acts; and

(b) consider any available information as to the nature and location of the payer's assets.

(4) If the court officer is satisfied that the payer—

(a) does not reside within the local justice area for which the court acts; and

(b) does not have assets to which the 1958 Act applies,

the court officer must refuse the application and return the application to the Lord Chancellor stating the information the court officer has as to the whereabouts of the payer and the nature and location of the payer's assets.

(5) If the court officer is satisfied that the payer—

(a) does not reside within the local justice area for which the court acts; but

(b) has assets to which the 1958 Act applies,

then either—

(i) the court officer must register the order; or

(ii) if the court officer believes that the payer is residing within the local justice area in which another magistrates' court acts, the court officer may refuse the application and return the documents to the Lord Chancellor with the information referred to in paragraph (4) above.

(6) Except where paragraphs (4) or (5) apply, the court officer must register the order unless—

(a) in the case of an application under Article 31 of the 1968 Convention, Articles 27 or 28 of that Convention apply; F18 ...

(b) in the case of an application under Article 31 of the 1988 Convention, Articles 27 or 28 of that Convention apply F19 ... [F20 ; and

(c) in the case of an application under Article 23(2) or (3) of the 2007 Hague Convention, Article 22(a) of that Convention applies.]

(7) If the court officer refuses to register an order to which this rule relates the court officer must notify the applicant.

(8) If the court officer registers an order the court officer must send written notice of that fact to—

(a) the Lord Chancellor;

(b) the payer; and

(c) the applicant.

(9) If the court officer considers that it would be appropriate for all or part of a registered order to be enforced in the High Court the court officer must notify the applicant—

(a) that the court officer so considers it appropriate; and

(b) that the applicant may apply [F21 , or may request the court officer to apply,] under the 1958 Act for the order to be registered in the High Court.

Textual Amendments

F14 Rule 34.30(2)(c) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 27 (with rule. 38(1)(a))

F15 Word in rule 34.30(2)(c) omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 24(a)(i)

F16 Rule 34.30(2)(d) full stop omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 24(a)(ii)

F17 Rule 34.30(2)(e) and word inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 24(a)(ii)

F18 Word in rule 34.30(6)(a) omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 24(b)(i)

F19 Rule 34.30(6)(b) full stop omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 24(b)(ii)

F20 Rule 34.30(6)(c) and word inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 24(b)(ii)

F21 Words in rule 34.30(9)(b) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 24(c)

Appeal from a decision relating to registration E+W

34.31.—(1) This rule applies to an appeal under—

(a) Article 36 or Article 40 of the 1968 Convention;

(b) Article 36 or Article 40 of the 1988 Convention;

[F22 (c) Article 32 of the Maintenance Regulation; F23 ...]

(d) Article 43 of the Lugano Convention. F24 ... [F25 ; or

(e) Article 23(5) of the 2007 Hague Convention.]

(2) The appeal must be to the magistrates' court—

(a) in which the order is registered; or

(b) in which the application for registration has been refused,

as the case may be.

Textual Amendments

F22 Rule 34.31(1)(c) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 28 (with rule. 38(1)(a))

F23 Word in rule 34.31(1)(c) omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), art. 1, rule 25(a)

F24 Rule 34.31(1)(d) full stop omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 25(b)

F25 Rule 34.31(1)(e) and word inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 25(b)

Payment of sums due under a registered order E+W

34.32.—(1) Where an order is registered in accordance with section 5(3) of the 1982 Act [F26 ,] Article 38 of the Judgments Regulation [F27 , ] Article 38 of the Lugano Convention [F28 or Article 23 of the 2007 Hague Convention], [F29 or declared enforceable under Article 26 of the Maintenance Regulation by virtue of registration,] the court must order that payment of sums due under the order be made—

(a) to the court officer for the registering court; and

(b) at such time and place as the court officer directs.

(2) Where the court orders payments to be made to the court officer, whether in accordance with paragraph (1) or otherwise, the court officer must send the payments by post either—

(a) to the court which made the order; or

(b) to such other person or authority as that court, or the Lord Chancellor, directs.

(Practice Direction 34A contains further provisions relating to the payment of sums due under registered orders.)

Textual Amendments

F26 Rule 34.32(1): comma substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 29(a)

F27 Rule 34.32(1): comma substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 26(a)

F28 Words in rule 34.32(1) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 26(b)

F29 Words in rule 34.32(1) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 29(b)

Enforcement of payments under registered orders E+W

34.33.—(1) This rule applies where a court has ordered periodical payments under a registered maintenance order to be made to the court officer for a magistrates' court.

(2) The court officer must take reasonable steps to notify the payee of the means of enforcement available.

(3) Paragraph (4) applies where periodical payments due under a registered order are in arrears.

(4) The court officer, on that officer's own initiative—

(a) may; or

(b) if the sums due are more than 4 weeks in arrears, must,

proceed in that officer's own name for the recovery of the sums due unless of the view that it is unreasonable to do so.

Variation and revocation of registered orders E+W

34.34.—(1) This rule applies where the court officer for a registering court receives notice that a registered maintenance order has been varied or revoked by a competent court in a Contracting State to the 1968 Convention, a Contracting State to the 1988 Convention (other than a Member State of the European Union), a Regulation State or a State bound by the Lugano Convention [F30 or by the 2007 Hague Convention], other than a Member State of the European Union.

(2) The court officer for the registering court must—

(a) register the order of variation or revocation; and

(b) send notice of the registration by post to the payer and payee under the order.

[F31 (3) Where the court officer for a registering court receives notice that a maintenance order registered in that court by virtue of the provisions of the Judgments Regulation has been varied or revoked by a competent court in another Member State of the European Union, the court officer must—

(a) note against the entry in the register that the original order so registered has been varied or revoked, as the case may be; and

(b) send notice of the noting of the variation or revocation, as the case may be, by post to the payer and payee under the order.]

Textual Amendments

F30 Words in rule 34.34(1) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 27

F31 Rule 34.34(3) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 30

Transfer of registered order E+W

34.35.—(1) This rule applies where the court officer for the court where an order is registered considers that the payer is residing within the local justice area in England and Wales for which another magistrates' court acts.

(2) Subject to paragraph (4), the court officer must transfer the order to the other court by sending to that court—

(a) the information and documents relating to the registration;

(b) a certificate of arrears, if applicable, signed by the court officer;

(c) a statement giving such information as the court officer possesses as to the whereabouts of the payer and the nature and location of the payer's assets; and

(d) any other relevant documents which the court officer has relating to the case.

(3) The information and documents referred to in paragraph (2)(a) are those required, as appropriate, under—

(a) Articles 46 and 47 of the 1968 Convention;

(b) Articles 46 and 47 of the 1988 Convention;

(c) Article 53 of the Judgments Regulation; F32 ...

(d) Article 53 of the Lugano Convention [F33 ; F34 ...]

[F35 (e) Article 28 or 29 of the Maintenance RegulationF36 ...] [F37 ; or

(f) Article 25 or 30 of the 2007 Hague Convention.]

(4) If an application is pending in the registering court for the registration of the whole or part of the order in the High Court under Part 1 of the 1958 Act, the court officer must not transfer the order, or the part to which the application relates, under paragraph (2).

(5) The court officer must give notice of the transfer of an order to—

(a) the payee; and

(b) the Lord Chancellor.

(6) If an order is transferred, the court officer for the court to which it is transferred must register the order.

Textual Amendments

F32 Word in rule 34.35(3)(c) omitted (18.6.2011) by virtue of The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 31(a)

F33 Word in rule 34.35(3)(d) substituted (18.6.2011) by virtue of The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 31(b)

F34 Word in rule 34.35(3)(d) omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 28(a)

F35 Rule 34.35(3)(e) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 31(c)

F36 Rule 34.35(3)(e) full stop omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 28(b)

F37 Rule 34.35(3)(f) and word inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 28(b)

Cancellation of registered orders E+W

34.36.—(1) Where the court officer for the registering court—

(a) has no reason to transfer a registered order under rule 34.35; and

(b) considers that the payer under the registered order is not residing within the local justice area for which the court acts and has no assets to which the 1958 Act applies,

the court officer must cancel the registration of the order.

(2) The court officer must—

(a) give notice of cancellation to the payee; and

(b) send the information and documents relating to the registration and the other documents referred to in rule 34.35(2) to the Lord Chancellor.

[F38 Directions as to stays, documents and translations E+W

34.36A.   At any stage in proceedings for registration of a maintenance order under this Section of this Chapter, the court may give directions about the conduct of the proceedings, including—

(a) staying of proceedings in accordance with—

(i) Article 30 or 38 of the 1968 Convention,

(ii) Article 30 or 38 of the 1988 Convention,

(iii) Article 37 or 46 of the Lugano Convention, F39 ...

(iv) Article 25 or 35 of the Maintenance Regulation F40 ... [F41 , or

(v) Article 30(6) of the 2007 Hague Convention;]

(b) the provision of documents in accordance with—

(i) Article 48 of the 1968 Convention,

(ii) Article 48 of the 1988 Convention,

(iii) Article 55 of the Lugano Convention, F42 ...

(iv) Article 29 of the Maintenance Regulation F43 ... [F44 , or

(v) Article 25 or 30 of the 2007 Hague Convention;]

(c) the provision of translations in accordance with—

(i) Article 48 of the 1968 Convention,

(ii) Article 48 of the 1988 Convention,

(iii) Article 55 of the Lugano Convention, F45 ...

(iv) Article 28 of the Maintenance Regulation F46 ... [F47 , or

(v) in relation to an application under this Section relating to the 2007 Hague Convention, without prejudice to Article 44 of that Convention.]]

Textual Amendments

F38 Rule 34.36A inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 32 (with art. 38(1)(b))

F39 Word in rule 34.36A(a)(iii) omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 29(a)(i)

F40 Rule 34.36A(a)(iv) semicolon omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 29(a)(ii)

F41 Rule 34.36A(a)(v) and word inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 29(a)(ii)

F42 Word in rule 34.36A(b)(iii) omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 29(b)(i)

F43 Rule 34.36A(b)(iv) semicolon omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 29(b)(ii)

F44 Rule 34.36A(b)(v) and word inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 29(b)(ii)

F45 Word in rule 34.36A(c)(iii) omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 29(c)(i)

F46 Rule 34.36A(c)(iv) full stop omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 29(c)(ii)

F47 Rule 34.36A(c)(v) and word inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 29(c)(ii)

[F48 International Maintenance Obligations; Communication with the Central Authority for England and Wales E+W

34.36B.— (1) Where the Lord Chancellor requests information or a document from the court officer for the relevant court for the purposes of Article 58 of the Maintenance Regulation, or Article 12 or 25(2) of the 2007 Hague Convention, the court officer shall provide the requested information or document to the Lord Chancellor forthwith.

(2) In this rule, “relevant court” means the court at which an application under Article 56 of the Maintenance Regulation or Article 10 of the 2007 Hague Convention has been filed.

[The Lord Chancellor is the Central Authority for the 2007 Hague Convention and the Maintenance Regulation]]

Textual Amendments

F48 Rule 34.36B inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 30

SECTION 2 E+W Reciprocal enforcement in a Contracting State or [F49 a Member State of the European Union] of Orders of a court in England and Wales

Textual Amendments

F49 Words in Pt. 34 Ch. 3 heading substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 33

Application in a magistrates' court for a maintenance order, or revocation of a maintenance order, to which the 1982 Act, the Judgments Regulations or the Lugano Convention applies E+W

F50 34.37.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50 Rule 34.37 omitted (18.6.2011) by virtue of The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 34

Admissibility of Documents E+W

34.38.—(1) This rule applies to a document, referred to in paragraph (2) and authenticated in accordance with paragraph (3), which comprises, records or summarises evidence given in, or information relating to, proceedings in a court in another part of the UK , another Contracting State to the 1968 Convention or the 1988 Convention, [F51 Member State of the European Union] or State bound by the Lugano Convention, [F52 or by the 2007 Hague Convention,] and any reference in this rule to “the court”, without more, is a reference to that court.

(2) The documents referred to at paragraph (1) are documents which purport to—

(a) set out or summarise evidence given [F53 to] the court;

(b) have been received in evidence [F54 to] the court;

(c) set out or summarise evidence taken in the court for the purpose of proceedings in a court in England and Wales to which the 1982 Act [F55 , the Judgments Regulation [F56 ,] the Maintenance Regulation] [F57 or the 2007 Hague Convention] applies; or

(d) record information relating to payments made under an order of the court.

(3) A document to which paragraph (1) applies shall, in any proceedings in a magistrates' court in England and Wales relating to a maintenance order to which the 1982 Act [F58 , the Judgments Regulation [F59 ,] the Maintenance Regulation] [F60 or the 2007 Hague Convention] applies, be admissible as evidence of any fact stated in it to the same extent as oral evidence of that fact is admissible in those proceedings.

(4) A document to which paragraph (1) applies shall be deemed to be authenticated—

(a) in relation to the documents listed at paragraph 2(a) or (c), if the document purports to be—

(i) certified by the judge or official before whom the evidence was given or taken; or

(ii) the original document recording or summarising the evidence, or a true copy of that document;

(b) in relation to a document listed at paragraph (2)(b), if the document purports to be certified by a judge or official of the court to be, or to be a true copy of, the document received in evidence; and

(c) in relation to the document listed at paragraph (2)(d), if the document purports to be certified by a judge or official of the court as a true record of the payments made under the order.

(5) It shall not be necessary in any proceedings in which evidence is to be received under this rule to prove the signature or official position of the person appearing to have given the certificate referred to in paragraph (4).

(6) Nothing in this rule shall prejudice the admission in evidence of any document which is admissible in evidence apart from this rule.

[F61 (7) Any request by a magistrates’ court in England and Wales for the taking or providing of evidence by a court in a State listed in paragraph (8) for the purposes of proceedings to which an instrument listed in that paragraph applies, or by a court in another part of the United Kingdom, shall be communicated in writing to the court in question.

(8) The States and instruments referred to in paragraph (7) are—

(a) a Contracting State to the 1968 Convention;

(b) a Contracting State to the 1988 Convention;

(c) a State bound by the Lugano Convention;

(d) Denmark, in relation to proceedings to which the Maintenance Regulation applies;

(e) a State bound by the 2007 Hague Convention,

but this paragraph and paragraph (7) do not apply where the State in question is a Member State of the European Union to which the Taking of Evidence Regulation (as defined in rule 24.15) applies.]

Textual Amendments

F51 Words in rule 34.38(1) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 35(a)

F52 Words in rule 34.38(1) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 31(a)

F53 Word in rule 34.38(2)(a) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 35(b)(i)

F54 Word in rule 34.38(2)(b) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 35(b)(ii)

F55 Words in rule 34.38(2)(c) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 35(b)(iii)

F56 Rule 34.38(2)(c): comma substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 31(b)(i)

F57 Words in rule 34.38(2)(c) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 31(b)(ii)

F58 Words in rule 34.38(3) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 35(c)

F59 Rule 34.38(3): comma substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 31(c)(i)

F60 Words in rule 34.38(3) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 31(c)(ii)

F61 Rule 34.38(7)(8) substituted for rule 34.38(7) (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 31(d)

Enforcement of orders of a magistrates' court E+W

34.39.— [F62 (1) A person who wishes to enforce a maintenance order obtained in a magistrates’ court in a State to which paragraph (2) applies must apply for a certified copy of the order and, where required by Practice Direction 34A, a certificate giving particulars relating to the judgment and proceedings in which it was given.

(2) The States referred to in paragraph (1) are—

(a) a Contracting State to the 1968 Convention;

(b) a Contracting State to the 1988 Convention (other than a Member State of the European Union);

(c) a Member State of the European Union;

(d) a State bound by the Lugano Convention (other than a Member State of the European Union); or

(e) a State bound by the 2007 Hague Convention (other than a Member State of the European Union).]

(3) An application under this rule must be made in writing to the court officer and must specify—

(a) the names of the parties to the proceedings;

(b) the date, or approximate date, of the proceedings in which the maintenance order was made and the nature of those proceedings;

(c) the [F63 State] in which the application for recognition or enforcement has been made or is to be made; and

(d) the postal address of the applicant.

(4) The court officer must, on receipt of the application, send a copy of the order to the applicant certified in accordance with F64 ... practice direction [F65 34A] [F66 , [F67 together with a copy of any certificate required by that practice direction]] .

(5) Paragraph (6) applies where—

(a) a maintenance order is registered in a magistrates' court in England and Wales; and

(b) a person wishes to obtain a certificate giving details of any payments made or arrears accrued under the order while it has been registered, for the purposes of an application made or to be made in connection with that order in—

(i) another Contracting State to the 1968 Convention;

(ii) another Contracting State to the 1988 Convention (other than a Member State of the European Union);

(iii) another [F68 Member State of the European Union];

(iv) another State bound by the Lugano Convention (other than a Member State of the European Union); F69 ...

(v) another part of the United Kingdom [F70 ; or

(vi) another State bound by the 2007 Hague Convention (other than a Member State of the European Union).]

(6) The person wishing to obtain the certificate referred to in paragraph (5) may make a written application to the court officer for the registering court.

(7) On receipt of an application under paragraph (6) the court officer must send to the applicant a certificate giving the information requested.

(Rule 74.12 (application for certified copy of a judgment) and 74.13 (evidence in support) of the CPR apply in relation to the application for a certified copy of a judgment obtained in the High Court or a county court.)

Textual Amendments

F62 Rule 34.39(1)(2) substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(a)

F63 Word in rule 34.39(3)(c) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 29 (with rule 30)

F64 Word in rule 34.39(4) omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(b)(i)

F65 Word in rule 34.39(4) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(b)(ii)

F66 Words in rule 34.39(4) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 36(d)

F67 Words in rule 34.39(4) substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(b)(iii)

F68 Words in rule 34.39(5)(b)(iii) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 36(e)

F69 Word in rule 34.39(5)(b)(iv) omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(c)(i)

F70 Rule 34.39(5)(b)(vi) and word substituted for full stop (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(c)(ii)

[F71 Enforcement of orders of the High Court or county court E+W

34.40.— (1) This rule applies where a person wishes to enforce a maintenance order obtained in the High Court or a county court (including the principal registry when treated as a divorce county court or, where the enforcement application relates to a civil partnership matter and the Maintenance Regulation, a civil partnership proceedings county court) in a Member State of the European Union or a State bound by the 2007 Hague Convention (other than a Member State of the European Union).

(2) Subject to the requirements of Practice Direction 34A, rules 74.12 (application for a certified copy of a judgment) and 74.13 (evidence in support) of the CPR apply in relation to—

(a) an application under Article 40(2) of the Maintenance Regulation for a certified copy of a judgment and an extract relating to that judgment in the form of Annex II to that Regulation;

(b) an application for a certified copy of a judgment and a certificate giving particulars relating to the judgment and the proceedings in which it was given.]

Textual Amendments

F71 Rule 34.40 substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 33