The Family Procedure Rules 2010

Appeal against the court’s decision under rules 31.10, 31.11 or 31.14

31.15.—(1) An appeal against the court’s decision under rules31.10, 31.11or 31.14 must be made to a judge of the High Court —

(a) within one month of the date of service of the notice of registration; or

(b) if the party bringing the appeal is habitually resident in another Member State, or a Contracting State, within two months of the date of service.

(2) The court may not extend time for an appeal on account of distance unless the matter is one to which the 1996 Hague Convention applies and the Council Regulation does not apply.

(3) If, in a case to which the 1996 Hague Convention applies and the Service Regulation does not, the appeal is brought by the applicant for a declaration of enforceability or registration and the respondent fails to appear —

(a) where the Hague Convention of 15th November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters applies, the court shall apply Article 15 of that Convention; and

(b) in all other cases, the court will not consider the appeal unless —

(i) it is proved to the satisfaction of the court that the respondent was served with notice of the appeal within a reasonable period of time to arrange his or her response; or

(ii) the court is satisfied that the circumstances of the case justify proceeding with consideration of the appeal.

(4) This rule is subject to rule 31.16.

(The procedure for applications under rule 31.15 is set out in Practice Direction 30A (Appeals).)