The Family Procedure Rules 2010

SUB-SECTION 3 E+W United States of America

Application of Section 1 of this Chapter to the United States of America E+W

34.28.—(1) In relation to the United States of America, Section 1 of this Chapter has effect as modified by this rule.

(2) A reference in this rule and in any rule which has effect in relation to the United States of America by virtue of this rule to—

(a) the 1972 Act is a reference to the 1972 Act as modified by Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 M1 ; and

(b) a section under the 1972 Act is a reference to the section so numbered in the 1972 Act as so modified.

(3) A reference to a reciprocating country in rule 34.12(1) and Section 1 of this Chapter is a reference to the United States of America.

(4) Rules 34.15 (certification of evidence given on provisional orders), 34.16 (confirmation of provisional orders), 34.19 (notification of confirmation [F1 , variation] or revocation of a maintenance order made by [F2 the family court]) and 34.21 (request for the taking of evidence in a reciprocating country) do not apply.

(5) For rule 34.17 (consideration of revocation of a provisional order made by [F3 the family court]) substitute—

[F4 “Consideration of variation or revocation of a maintenance order made by the family court]

34.17.— (1) This rule applies where—

(a) an application has been made to [F5 the family court by a payee for the variation or revocation] of an order to which section 5 of the 1972 Act applies; and

(b) the payer resides in the United States of America.

(2) The court officer must serve on the payee by post a copy of any representations or evidence adduced by or on behalf of the payer.

(F6 ...)”.

(6) For rule 34.18 (notification of variation or revocation), substitute—

“Notification of variation or revocation

34.18.   If the High Court or [F7 the family court] makes an order varying or revoking a maintenance order to which section 5 of the 1972 Act applies, the court officer will send to the Lord Chancellor the documents required by section 5(7) of that Act.”.

(7) For 34.23(2)(method of payment under registered orders) substitute—

“(2) Where the court orders payment to be [F8 made to the court], the court officer must send the payments by post to the payee under the order.”.

(8) For rule 34.25 (notification of registration and cancellation) substitute—

“Notification of registration and cancellation

34.25.   The court officer must send written notice to—

(a) the Lord Chancellor, on the due registration of an order under section 10(4) of the 1972 Act; or

(b) the payer under the order, on—

(i) the registration of an order under section 10(4) of the 1972 Act; or

(ii) the cancellation of the registration of an order under section 10(1) of that Act.”

Textual Amendments

F1 Word in rule 34.28(4) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 123(a)(i) (with rule 137); S.I. 2014/954, art. 2

F2 Words in rule 34.28(4) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 123(a)(ii) (with rule 137); S.I. 2014/954, art. 2

F3 Words in rule 34.28(5) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 123(b)(i) (with rule 137); S.I. 2014/954, art. 2

F4 Words in rule 34.28(5) heading substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 123(b)(ii)(aa) (with rule 137); S.I. 2014/954, art. 2

F5 Words in rule 34.28(5) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 123(b)(ii)(bb) (with rule 137); S.I. 2014/954, art. 2

F6 Words in rule 34.28(5) omitted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 123(b)(ii)(cc) (with rule 137); S.I. 2014/954, art. 2

F7 Words in rule 34.28(6) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 123(c) (with rule 137); S.I. 2014/954, art. 2

F8 Words in rule 34.28(7) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 123(d) (with rule 137); S.I. 2014/954, art. 2

Marginal Citations

M1 S.I. 2007/2006.