The Family Procedure Rules 2010

Registration of maintenance orders

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;

(c) an application under Article 38 of the Judgments Regulation for the enforcement of a maintenance order made in a Regulation State other than the United Kingdom; or

(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.

(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; and

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

(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 under the 1958 Act for the order to be registered in the High Court.