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PART 9E+WAPPLICATIONS FOR A FINANCIAL REMEDY

[F1Chapter 5A]E+WCertain applications

Textual Amendments

F1Pt. 9 Ch. 5A cross-heading inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 11(with rule 45)

[F2Application F3... for a maintenance order, or revocation of a maintenance order to which the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation appliesE+W

9.22.—(1) This rule applies where a person makes an application F4... for a maintenance order, or for [F5the variation or] the revocation of a maintenance order, in relation to which the court has jurisdiction by virtue of the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation, and the respondent is outside the United Kingdom.

(2) Where the respondent does not enter an appearance and is not represented at the hearing—

(a)the court will apply the provisions of Article 20 of the 1968 Convention, Article 20 of the 1988 Convention, Article 26 of the Lugano Convention, or Article 11 of the Maintenance Regulation as appropriate;

(b)where the court proceeds to hear the application having applied the appropriate provision referred to in sub-paragraph (a), the court will take into account any written representations made and any evidence given by the respondent under these rules.

F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this rule—

(a)“the 1982 Act”, “the Lugano Convention” and “the 1988 Convention” have the meanings given to them in rule 34.1(2);

(b)“the 1968 Convention” has the meaning given to it in the Civil Jurisdiction and Judgments Act 1982.]

F7...

Textual Amendments