The Family Proceedings (Amendment No. 2) Rules (Northern Ireland) 2005

Amendment to the 1996 Rules

This section has no associated Explanatory Memorandum

101.  In rule 8.42 (Enforcement of judgments in other Contracting States)—

(a)in the heading, after “Enforcement” insert “or recognition”;

(b)in paragraph (1)—

(i)after “judgment” insert “or certificate”; and

(ii)for “Article 32(1)” substitute “Articles 37(1) or 45(1)”;

(c)in paragraph (2)—

(i)omit “such”;

(ii)after “application” insert “for a certified copy of a judgment”; and

(d)after paragraph (2), insert—

(2A) A witness statement or affidavit by which an application for a certificate is made shall give—

(a)particulars of the proceedings in which the judgment was obtained;

(b)the full name, country and place of birth and date of birth of the parties;

(c)details of the type of certificate applied for and the reasons for making the application; and

(d)where the application is for a certificate under Annex II to the Council Regulation—

(i)the full name, and if known, the address and the date and place of birth of any other person with parental responsibility; and

(ii)information as to whether or not the judgment entails the return of a child wrongfully removed or retained in another Member State and if so, the full name and address of the person to whom the child should be returned..