The Family Procedure Rules 2010

Procedure under Article 11(7) of the Council Regulation where the court receives a non-return order made under Article 13 of the 1980 Hague Convention by a court in another Member State E+W

12.60.—(1) This rule applies where the court receives an order made by a court in another Member State for the non-return of a child.

(2) In this rule, the order for non-return of the child and the papers transmitted with that order from the court in the other Member State are referred to as “the non-return order”.

(3) Where, at the time of receipt of the non-return order, the court is already seised of a question of parental responsibility in relation to the child, —

(a) the court officer shall immediately —

(i) serve copies of the non-return order on each party to the proceedings in which a question of parental responsibility in relation to the child is at issue; and

(ii) where the non-return order was received directly from the court or the central authority in the other Member State, transmit to the [F1 domestic Central Authority] a copy of the non-return order.

(b) the court shall immediately invite the parties to the 1980 Hague Convention proceedings to file written submissions in respect of the question of custody by a specified date, or to attend a hearing to consider the future conduct of the proceedings in the light of the non-return order.

(4) Where, at the time of receipt of the non-return order, the court is not already seised of the question of parental responsibility in relation to the child, it shall immediately—

(a) open a court file in respect of the child and assign a court reference to the file;

(b) serve a copy of the non-return order on each party to the proceedings before the court in the Member State which made that order;

(c) invite each party to file, within 3 months of notification to that party of receipt of the non-return order, submissions in the form of—

(i) an application for an order under—

(aa) the 1989 Act; or

(bb) (in the High Court only) an application under the inherent jurisdiction in respect of the child; or

(ii) where permission is required to make an application for the order in question, an application for that permission;

(d) where the non-return order was received directly from the court or central authority in the other Member State, transmit to the [F1 domestic Central Authority] a copy of the non-return order.

(5) In a case to which paragraph (4) applies where no application is filed within the 3 month period provided for by paragraph (4)(c) the court must close its file in respect of the child. (Enforcement of a subsequent judgment requiring the return of the child, made under Article 11(8) by a court examining custody of the child under Article 11(7), is dealt with in Part 31 below.)

Textual Amendments

F1 Words in rule 12.60 substituted (30.9.2012) by The Family Procedure (Amendment No. 3) Rules 2012 (S.I. 2012/2046), rules 1, 5