PART 12F7CHILDREN PROCEEDINGS EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
CHAPTER 6PROCEEDINGS UNDER THE 1980 HAGUE CONVENTION, THE EUROPEAN CONVENTION, F8... AND THE 1996 HAGUE CONVENTION
Words in Pt. 12 Ch. 6 heading 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), 9(5) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
SECTION 2Applications relating to F9... the 1996 Hague Convention
Words in Pt. 12 Ch. 6 Section 2 heading 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), 9(7) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Interpretation12
1
In this section —
F1...
“Contracting State” means a State party to the 1996 Hague Convention;
F2“domestic Central Authority” means—
- a
F10...
- b
where the matter relates to the 1996 Hague Convention in England, the Lord Chancellor;
- c
where the matter relates to the 1996 Hague Convention in Wales, the Welsh Ministers;
- a
F11...
F12...
“parental responsibility” has the meaning given in —
F14...
Procedure under Article 11(6) of the Council Regulation where the court makes a non-return order under Article 13 of the 1980 Hague ConventionF1712
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Procedure under Article 11(7) of the Council Regulation where the court receives a non-return order made under Article 13 of the 1980 Hague Convention by a court in another Member StateF1812
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfer of proceedings under F19... Article 8 of the 1996 Hague Convention12
1
Where the court is considering the transfer of proceedings to the court of another F20... Contracting State under rules 12.62 to 12.64 it will—
a
fix a date for a hearing for the court to consider the question of transfer; and
b
give directions as to the manner in which the parties may make representations.
2
The court may, with the consent of all parties, deal with the question of transfer without a hearing.
3
Directions which are in force immediately prior to the transfer of proceedings to a court in another F21... Contracting State under rules 12.62 to 12.64 will continue to apply until the court in that other State accepts jurisdiction in accordance with the provisions of F22... the 1996 Hague Convention F23..., subject to any variation or revocation of the directions.
4
The court or court officer will—
a
take a note of the giving, variation or revocation of directions under this rule; and
b
as soon as practicable serve a copy of the directions order on every party.
5
A register of all applications and requests for transfer of jurisdiction to or from another F24... Contracting State will be kept by the principal registry.
Application by a party for transfer of the proceedings12
1
A party may apply to the court F25...under Article 8(1) of the 1996 Hague Convention —
a
to stay(GL) the proceedings or a specified part of the proceedings and to invite the parties to introduce a request before a court of another F26... Contracting State; or
b
to make a request to a court of F27... another Contracting State to assume jurisdiction for the proceedings, or a specified part of the proceedings.
2
An application under paragraph (1) must be made—
a
to the court in which the relevant parental responsibility proceedings are pending; and
b
using the Part 18 procedure.
3
The applicant must file the application notice and serve it on the respondents F31not less than 42 days before the hearing of the application.
Application by a court of F28... another Contracting State for transfer of the proceedings12
1
2
When the court receives the application, the court officer will—
a
as soon as practicable, notify the F3domestic Central Authority of the application; and
b
serve the application, and notice of the hearing on all other parties in England and Wales not less than 5 days before the hearing of the application.
Exercise by the court of its own initiative of powers to seek to transfer the proceedings12
1
The court having jurisdiction in relation to the proceedings may exercise its powers of its own initiative under F32... Article 8 of the 1996 Hague Convention in relation to the proceedings or a specified part of the proceedings.
2
Where the court proposes to exercise its powers, the court officer will give the parties not less than 5 days' notice of the hearing.
Application to High Court to make request under F33... Article 9 of the 1996 Hague Convention to request transfer of jurisdiction12
1
2
An application must be made without notice to any other person and the court may give directions about joining any other party to the application.
3
Where there is agreement between the court and the court or competent authority to which the request under paragraph (1) is made to transfer the matter to the courts of England and Wales, the court will consider with that other court or competent authority the specific timing and conditions for the transfer.
4
Upon receipt of agreement to transfer jurisdiction from the court or other competent authority in the F37... Contracting State to which the request has been made, the court officer will serve on the applicant a notice that jurisdiction has been accepted by the courts of England and Wales.
5
The applicant must attach the notice referred to in paragraph (3) to any subsequent application in relation to the child.
6
Nothing in this rule requires an application with respect to a child commenced following a transfer of jurisdiction to be made to or heard in the High Court.
7
Upon allocation, the court to which the proceedings are allocated must immediately fix a directions hearing to consider the future conduct of the case.
Procedure where the court receives a request from the authorities of another F38... Contracting State to assume jurisdiction in a matter concerning a child12
1
Where any court other than the High Court receives a request to assume jurisdiction in a matter concerning a child from a court or other authority which has jurisdiction in another F39...Contracting State, that court must immediately refer the request to a Judge of the High Court for a decision regarding acceptance of jurisdiction to be made.
2
Upon the High Court agreeing to the request under paragraph (1), the court officer will notify the parties to the proceedings before the other F40... Contracting State of that decision, and the case must be allocated as if the application had been made in England and Wales.
3
Upon allocation, the court to which the proceedings are allocated must immediately fix a directions hearing to consider the future conduct of the case.
4
The court officer will serve notice of the directions hearing on all parties to the proceedings in the other F41... Contracting State no later than 5 days before the date of that hearing.
Service of the court's order or request relating to transfer of jurisdiction under F42...the 1996 Hague Convention12
Questions as to the court's jurisdiction or whether the proceedings should be stayed12
1
If at any time after issue of the application it appears to the court that under F44... Article 13 of the 1996 Hague Convention it is or may be required to stay(GL) the proceedings or to decline jurisdiction, the court must—
a
stay(GL) the proceedings; and
b
fix a date for a hearing to determine jurisdiction or whether there should be a stay(GL) or other order.
2
The court officer will serve notice of the hearing referred to at paragraph (1)(b) on the parties to the proceedings.
3
The court must, in writing—
a
give reasons for its decision under paragraph (1); and
b
where it makes a finding of fact, state such finding.
4
The court may with the consent of all the parties deal with any question as to the jurisdiction of the court, or as to whether the proceedings should be stayed(GL), without a hearing.
Request for consultation as to contemplated placement of child in England and Wales12
1
This rule applies to a request made —
F45a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
under Article 33 of the 1996 Hague Convention by a court in another Contracting State
for consultation on or consent to the contemplated placement of a child in England and Wales.
2
3
Where it appears to the court officer that no proceedings relating to the child are pending before a court in England and Wales, the court officer must inform the F5domestic Central Authority of that fact and forward to the Central Authority all documents relating to the request sent by the court in the other F47... Contracting State.
4
Where the court receives a request forwarded by the F5domestic Central Authority, the court must, as soon as practicable after receipt of the request, either—
a
where proceedings relating to the child are pending before the court, fix a directions hearing; or
b
where proceedings relating to the child are pending before another court in England and Wales, send a copy of the request to that court.
Request made by court in England and Wales for consultation as to contemplated placement of child in another F48... Contracting State12
1
This rule applies where the court is contemplating the placement of a child in another F49... Contracting State under Article 33 of the 1996 Hague Convention, and proposes to send a request for consultation with or for the consent of the central authority or other authority having jurisdiction in the other State in relation to the contemplated placement.
2
In this rule, a reference to “the request” includes a reference to a report prepared for purposes of Article 33 of the 1996 Hague Convention where the request is made under that Convention.
3
Where the court sends the request directly to the central authority or other authority having jurisdiction in the other State, it shall at the same time send a copy of the request to the F6domestic Central Authority.
4
5
The court should give consideration to the documents which should accompany the request. (See Chapters 1 to 3 of this Part generally, for the procedure governing applications for an order under paragraph 19(1) of Schedule 2 to the 1989 Act permitting a local authority to arrange for any child in its care to live outside England and Wales.) (Part 14 sets out the procedure governing applications for an order under section 84 (giving parental responsibility prior to adoption abroad) of the Adoption and Children Act 2002.)
Application for a declaration as to the extent, or existence, of parental responsibility in relation to a child under Article 16 of the 1996 Hague Convention12
1
Any interested person may apply for a declaration —
a
that a person has, or does not have, parental responsibility for a child; or
b
as to the extent of a person's parental responsibility for a child,
where the question arises by virtue of the application of Article 16 of the 1996 Hague Convention.
2
An application for a declaration as to the extent, or existence of a person's parental responsibility for a child by virtue of Article 16 of the 1996 Hague Convention must be made in the principal registry and heard in the High Court.
3
An application for a declaration referred to in paragraph (1) may not be made where the question raised is otherwise capable of resolution in any other family proceedings in respect of the child.
Words in Pt. 12 heading substituted (31.1.2013) by The Family Procedure (Amendment) (No.5) Rules 2012 (S.I. 2012/3061), rules 1, 5(a)