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The Family Procedure Rules 2010

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Changes over time for: Cross Heading: SECTION 1

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Version Superseded: 31/12/2020

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SECTION 1E+WRegistration 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 [F1, 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

F1Words 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

InterpretationE+W

34.29.  In this Section—

(a)an expression defined in the 1982 Act has the meaning given to it in that Act [F2, subject to paragraph (b)]; and

[F3(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

F2Words in rule 34.29(a) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 25(a)

Application under Article 30 of the Maintenance Regulation or under Article 23 of the 2007 Hague Convention for a declaration of enforceabilityE+W

F434.29A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Registration of maintenance ordersE+W

34.30.—F5(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F6This rule and Practice Direction 34E apply where the family 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;

[F7(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; F8...]

(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 F9...[F10; 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.]

F11(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Except where [F14Practice Direction 34E provides otherwise, the court] 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; F15...

(b)in the case of an application under Article 31 of the 1988 Convention, Articles 27 or 28 of that Convention apply F16... [F17; 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 F18... refuses to register an order to which this rule relates the court officer must notify the applicant.

(8) If the court F19... 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.

F20(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Rule 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))

Appeal from a decision relating to registrationE+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;

[F21(c)Article 32 of the Maintenance Regulation; F22...]

(d)Article 43 of the Lugano Convention. F23... [F24; or

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

[F25(2) The appeal must be to the family court.

(Practice Direction 34E makes provision in relation to such cases.)]

Textual Amendments

F21Rule 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))

Payment of sums due under a registered orderE+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 [F28or Article 23 of the 2007 Hague Convention], [F29or declared enforceable under Article 26 of the Maintenance Regulation by virtue of registration,] the court [F30may] order that payment of sums due under the order be made [F31to the court, at such time and place as directed.]

(2) Where the court orders payments to be made to the court F32..., 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

F26Rule 34.32(1): comma substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 29(a)

F29Words 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 ordersE+W

34.33.—(1) This rule applies where a court has ordered periodical payments under a registered maintenance order to be made to the [F33the family 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.

Textual Amendments

Variation and revocation of registered ordersE+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 [F34or 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.

[F35(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

[F36Registered order: payer residing in an area covered by a different Maintenance Enforcement Business CentreE+W

34.35.  Practice Direction 34E makes provision for cases where a court officer in the Maintenance Enforcement Business Centre for the Designated Family Judge area where an order is registered considers that the payer is residing in a Designated Family Judge area covered by a different Maintenance Enforcement Business Centre.

(For the way in which information will be provided to enable Maintenance Enforcement Business Centres to be identified, see Practice Direction 34E.)]

Textual Amendments

Cancellation of registered ordersE+W

34.36.—[F37(1) Where the court officer for the registering court—

(a)has no reason to send papers to another Maintenance Enforcement Business Centre under Practice Direction 34E; and

(b)considers that the payer under the registered order is not residing within the area covered by the Maintenance Enforcement Business Centre for the Designated Family Judge area where the order is registered and has no assets in England and Wales,

the court officer must cancel the registration.]

(2) The court officer must—

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

[F38(b)send to the Lord Chancellor—

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

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

(iii)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

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

(Practice Direction 34E makes further provision on this matter.)]

Textual Amendments

[F39Directions as to stays, documents and translationsE+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, F40...

(iv)Article 25 or 35 of the Maintenance Regulation F41... [F42, 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, F43...

(iv)Article 29 of the Maintenance Regulation F44... [F45, 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, F46...

(iv)Article 28 of the Maintenance Regulation F47... [F48, 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

[F49International Maintenance Obligations; Communication with the Central Authority for England and WalesE+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

[F50The Maintenance Regulation: applications for enforcement or for refusal or suspension of enforcementE+W

34.36C.  Practice Direction 34E makes provision regarding—

(a)an application for enforcement of a maintenance decision to which section 1 of Chapter IV of the Maintenance Regulation applies; and

(b)an application by a debtor under Article 21 of the Maintenance Regulation for refusal or suspension of enforcement.]

Textual Amendments

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