The County Court (Amendment) Rules 1988

Family Law Act 1986(1)

21.  Order 47 shall be amended by inserting, after rule 10, the following new rule—

“Registration and enforcement of custody orders

11.— (1) In this rule, unless the context otherwise requires—

“the Act” means the Family Law Act 1986;

“the appropriate court” means, in relation to Scotland, the Court of Session and, in relation to Northern Ireland, the High Court;

“the Deputy Principal Clerk” means the Deputy Principal Clerk of Session;

“custody order” means a custody order within the meaning of section 1, 32, 40, 42(5) or 42(6) of the Act;

“the Master” means the Master (Care and Protection) of the High Court in Northern Ireland;

“registration” means registration under Part I of the Act, and “registered” shall be construed accordingly.

(2) An application under section 27 of the Act for the registration of a custody order made by a county court shall be made by filing in the office of that court a certified copy of the order, together with a copy of any order which has varied any of the terms of the original order and an affidavit by the applicant, and a copy thereof, which shall state—

(a) the name and address of the applicant and his interest under the order;

(b) the name and date of birth of the child in respect of whom the order was made, his whereabouts or suspected whereabouts and the name of any person with whom he is alleged to be;

(c) the name and address of any other person who is known to the applicant to have an interest under the order and whether it has been served on him;

(d) whether the order is to be registered in Scotland or Northern Ireland or in both jurisdictions;

(e) that, to the best of the applicant’s information and belief, the order is in force;

(f) whether, and if so where, the order is already registered; and

(g) details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the custody order is to be registered,

and there shall be exhibited to the affidavit any document relevant to the application.

(3) Where the documents referred to in paragraph (2) are to be sent to the appropriate court, the proper officer shall—

(a) retain the affidavit in the records of the court and send the copy thereof and the other documents to the Deputy Principal Clerk or to the Master, as the case may be, indicating, where the order relates to more than one child, with respect to which child or children it is to be registered, and

(b) record the fact of transmission in the records of the court.

(4) On receipt of notice of the registration of a custody order in the appropriate court the proper officer shall record the fact of registration in the records of the court.

(5) If it appears to the proper officer that the custody order is no longer in force with respect to a child or more than one child or that a child or more than one child has attained the age of 16, he shall refuse to send the documents referred to in paragraph (2) to the appropriate court or shall indicate thereon with respect to which child or children the order is not to be registered, and he shall within 14 days give notice to the applicant of his refusal or indication and the reason for it.

(6) If the proper officer refuses to send the documents to the appropriate court, the applicant may apply to the judge for an order that the documents be sent to the appropriate court, or that they be sent with respect to a particular child or children.

(7) Where a custody order which is registered in the appropriate court is revoked or varied by a county court, the proper officer of the court making the subsequent order shall—

(a) send a copy of the subsequent order to the Deputy Principal Clerk or to the Master, as the case may be, and to the court which made the custody order, if that court is different from the court making the subsequent order, for filing by that court,

(b) record the fact of transmission in the records of the court, and

(c) retain the subsequent order in the records of the court.

(8) On receipt of notice from the appropriate court of any amendment of its register, the proper officers of the court which made the custody order and of the court which made any subsequent order shall each record the fact of amendment.

(9) A party to proceedings in a county court for or relating to a custody order who knows of other proceedings (including proceedings out of the jurisdiction and concluded proceedings) which relate to the child concerned shall file an affidavit which shall state—

(a) in which jurisdiction and court the other proceedings were instituted,

(b) the nature and current state of such proceedings and the relief claimed or granted,

(c) the names of the parties to such proceedings and their relationship to the child, and

(d) if applicable, and if known, the reasons why the relief claimed in the proceedings for or relating to the custody order was not claimed in the other proceedings.”.

(1)

1986 c. 55.