The Family Procedure (Amendment No. 4) Rules 2012

Amendments to the Family Procedure Rules 2010

31.  In rule 34.38(1)—

(a) in paragraph (1), after “Lugano Convention,” insert “or by the 2007 Hague Convention,”;

(b) in paragraph (2)(c)—

(i) after “Judgments Regulation” for “or” substitute “,”;

(ii) after “Maintenance Regulation” insert “or the 2007 Hague Convention”;

(c) in paragraph (3)—

(i) after “Judgments Regulation” for “or” substitute “,”;

(ii) after “Maintenance Regulation” insert “or the 2007 Hague Convention”;

(d) For paragraph (7) substitute—

“(7) Any request by a magistrates’ court in England and Wales for the taking or providing of evidence by a court in a State listed in paragraph (8) for the purposes of proceedings to which an instrument listed in that paragraph applies, or by a court in another part of the United Kingdom, shall be communicated in writing to the court in question.

(8) The States and instruments referred to in paragraph (7) are—

(a) a Contracting State to the 1968 Convention;

(b) a Contracting State to the 1988 Convention;

(c) a State bound by the Lugano Convention;

(d) Denmark, in relation to proceedings to which the Maintenance Regulation applies;

(e) a State bound by the 2007 Hague Convention,

but this paragraph and paragraph (7) do not apply where the State in question is a Member State of the European Union to which the Taking of Evidence Regulation (as defined in rule 24.15) applies.”.

(1)

Rule 34.38 was amended by S.I. 2011/1328 rules 2 and 35.