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The Family Procedure Rules 2010
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Changes to legislation:
The Family Procedure Rules 2010, Section 12 is up to date with all changes known to be in force on or before 23 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Rule 12.65:
- rule 6.23A inserted by S.I. 2024/1016 rule 3(2)
- rule 12.73A inserted by S.I. 2024/1322 rule 4
- rule 14.14A inserted by S.I. 2024/1322 rule 6
- rule 11.4(7) inserted by S.I. 2024/1016 rule 7(1)(c)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- rule 6.23A inserted by S.I. 2024/1016 rule 3(2)
- rule 12.73A inserted by S.I. 2024/1322 rule 4
- rule 14.14A inserted by S.I. 2024/1322 rule 6
- rule 11.4(7) inserted by S.I. 2024/1016 rule 7(1)(c)
Application to High Court to make request under F1... Article 9 of the 1996 Hague Convention to request transfer of jurisdictionE+W
This section has no associated Explanatory Memorandum
12.65.—(1) An application for the court to request transfer of jurisdiction in a matter concerning a child from F2... another Contracting State under F3... Article 9 of the 1996 Hague Convention F4... must be made to the principal registry and heard in the High Court.
(2) An application must be made without notice to any other person and the court may give directions about joining any other party to the application.
(3) Where there is agreement between the court and the court or competent authority to which the request under paragraph (1) is made to transfer the matter to the courts of England and Wales, the court will consider with that other court or competent authority the specific timing and conditions for the transfer.
(4) Upon receipt of agreement to transfer jurisdiction from the court or other competent authority in the F5... Contracting State to which the request has been made, the court officer will serve on the applicant a notice that jurisdiction has been accepted by the courts of England and Wales.
(5) The applicant must attach the notice referred to in paragraph (3) to any subsequent application in relation to the child.
(6) Nothing in this rule requires an application with respect to a child commenced following a transfer of jurisdiction to be made to or heard in the High Court.
(7) Upon allocation, the court to which the proceedings are allocated must immediately fix a directions hearing to consider the future conduct of the case.
Textual Amendments
F1Words in rule 12.65 heading omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(14)(a) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in rule 12.65(1) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(14)(b)(i) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in rule 12.65(1) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(14)(b)(ii) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in rule 12.65(1) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(14)(b)(iii) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in rule 12.65(4) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(14)(c) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
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