The Family Procedure Rules 2010

[F1The court to which an application for an Article 14 certificate must be madeE+W

This adran has no associated Memorandwm Esboniadol

38.11.  An application for an Article 14 certificate must be made—

(a)if the order containing the outgoing protection measure has not yet been varied or discharged or a variation or discharge of the undertaking containing the protection measure has not yet been accepted, as the case may be, to—

(i)the family court if the application for such variation or discharge is before the family court; or

(ii)the High Court if the application for such variation or discharge is before the High Court;

(b)if there has been an application under Article 9 of the Protection Measures Regulation for withdrawal of the Article 5 certificate, and that application has not yet been decided, to—

(i)the family court if the application for such withdrawal is before the family court; or

(ii)the High Court if the application for such withdrawal is before the High Court;

(c)if the order containing the outgoing protection measure has been varied or discharged or the variation or discharge of the undertaking containing the outgoing protection measure has been accepted, as the case may be, to—

(i)the family court if the family court ordered or accepted such variation or discharge, as the case may be; or

(ii)the High Court if the High Court ordered or accepted such variation or discharge, as the case may be;

(d)if an Article 5 certificate has been withdrawn under Article 9, to—

(i)the family court if the family court ordered such withdrawal; or

(ii)the High Court if the High Court ordered such withdrawal;

(e)where enforcement of the order has been stayed or suspended, to—

(i)the family court if the family court made the order for the stay or suspension; or

(ii)the High Court if the High Court made the order for the stay or suspension.]

Textual Amendments