The Family Procedure Rules 2010

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The Family Procedure Rules 2010

Changes over time for: Section 34

Version Superseded: 31/12/2020

Alternative versions:

Status:

Point in time view as at 14/11/2016. This version of this provision has been superseded.

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Changes to legislation:

The Family Procedure Rules 2010, Section 34 is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Registration of maintenance ordersE+W

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34.30.—F1(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F2This 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;

[F3(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; F4...]

(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 F5...[F6; 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.]

F7(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Except where [F10Practice 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; F11...

(b)in the case of an application under Article 31 of the 1988 Convention, Articles 27 or 28 of that Convention apply F12... [F13; 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 F14... refuses to register an order to which this rule relates the court officer must notify the applicant.

(8) If the court F15... 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.