The Family Procedure (Amendment No. 4) Rules 2012

Amendments to the Family Procedure Rules 2010

32.  In rule 34.39(1)—

(a) for paragraphs (1) and (2), substitute—

“(1) A person who wishes to enforce a maintenance order obtained in a magistrates’ court in a State to which paragraph (2) applies 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.

(2) The States referred to in paragraph (1) are—

(a) a Contracting State to the 1968 Convention;

(b) a Contracting State to the 1988 Convention (other than a Member State of the European Union);

(c) a Member State of the European Union;

(d) a State bound by the Lugano Convention (other than a Member State of the European Union); or

(e) a State bound by the 2007 Hague Convention (other than a Member State of the European Union).”;

(b) in paragraph (4)—

(i) omit “a” in the second place where it occurs;

(ii) after “practice direction” insert “34A”;

(iii) for “and where” to “that Regulation” substitute “together with a copy of any certificate required by that practice direction”;

(c) in paragraph (5)(b)—

(i) omit “or” in sub-paragraph (iv);

(ii) in sub-paragraph (v), for “.” substitute—

“; or

(vi) another State bound by the 2007 Hague Convention (other than a Member State of the European Union).”.

(1)

Rule 34.39 was amended by S.I. 2011/1328 rules 2 and 36, and paragraph (3)(c) by S.I. 2012/679 rules 2 and 20.