The Family Procedure Rules 2010

Enforcement of orders of [F1 the family court] E+W

34.39.— [F2 (1) A person who wishes to enforce a maintenance order obtained in the family court in a State bound by the 2007 Hague Convention must apply for a certified copy of the order and, where required by Practice Direction 34A, a certificate giving particulars relating to the judgment and proceedings in which it was given.]

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An application under this rule must be made in writing to the court officer and must specify—

(a) the names of the parties to the proceedings;

(b) the date, or approximate date, of the proceedings in which the maintenance order was made and the nature of those proceedings;

(c) the [F4 State] in which the application for recognition or enforcement has been made or is to be made; and

(d) the postal address of the applicant.

(4) The court officer must, on receipt of the application, send a copy of the order to the applicant certified in accordance with F5 ... practice direction [F6 34A] [F7 , [F8 together with a copy of any certificate required by that practice direction]] .

(5) Paragraph (6) applies where—

(a) a maintenance order is registered in [F9 the family court]; and

(b) a person wishes to obtain a certificate giving details of any payments made or arrears accrued under the order while it has been registered, for the purposes of an application made or to be made in connection with that order in—

F10 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) another part of the United Kingdom [F11 ; or

(vi) another State bound by the 2007 Hague Convention F12 ....]

(6) The person wishing to obtain the certificate referred to in paragraph (5) may make a written application to the court officer for the registering court.

(7) On receipt of an application under paragraph (6) the court officer must send to the applicant a certificate giving the information requested.

(Rule 74.12 (application for certified copy of a judgment) and 74.13 (evidence in support) of the CPR apply in relation to the application for a certified copy of a judgment obtained in the High Court or a county court.)

Textual Amendments

F1 Words in rule 34.39 heading substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 135(a) (with rule 137); S.I. 2014/954, art. 2

F2 Rule 34.39(1) substituted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 19(18)(a) (with reg. 27) (as amended by S.I. 2020/1574, regs. 1, 4(2) and S.I. 2020/1493, regs. 1(1), 8(2)(f)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Rule 34.39(2) 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), 19(18)(b) (with reg. 27) (as amended by S.I. 2020/1574, regs. 1, 4(2) and S.I. 2020/1493, regs. 1(1), 8(2)(f)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in rule 34.39(3)(c) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 29 (with rule 30)

F5 Word in rule 34.39(4) omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(b)(i)

F6 Word in rule 34.39(4) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(b)(ii)

F7 Words in rule 34.39(4) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 36(d)

F8 Words in rule 34.39(4) substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(b)(iii)

F9 Words in rule 34.39(5) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 135(b) (with rule 137); S.I. 2014/954, art. 2

F10 Rules 34.39(5)(b)(i)-(iv) 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), 19(18)(c)(i) (with reg. 27) (as amended by S.I. 2020/1574, regs. 1, 4(2) and S.I. 2020/1493, regs. 1(1), 8(2)(f)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Rule 34.39(5)(b)(vi) and word substituted for full stop (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(c)(ii)

F12 Words in rule 34.39(5)(b)(vi) 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), 19(18)(c)(ii) (with reg. 27) (as amended by S.I. 2020/1574, regs. 1, 4(2) and S.I. 2020/1493, regs. 1(1), 8(2)(f)); 2020 c. 1, Sch. 5 para. 1(1)