The Family Procedure Rules 2010

Notice of proceedings to person with foreign parental responsibility E+W

12.4.—(1) This rule applies where a child is subject to proceedings to which this Part applies and —

(a) a person holds or is believed to hold parental responsibility for the child under the law of another State which subsists in accordance with Article 16 of the 1996 Hague Convention following the child becoming habitually resident in a territorial unit of the United Kingdom; and

(b) that person is not otherwise required to be joined as a respondent under rule 12.3.

(2) [F1 Subject to paragraph (2A),] the applicant shall give notice of the proceedings to any person to whom the applicant believes paragraph (1) applies in any case in which a person whom the applicant believed to have parental responsibility under the 1989 Act would be a respondent to those proceedings in accordance with rule 12.3.

[F2 (2A) Notice shall not be given to a person to whom the applicant believes paragraph (1) applies if the court directs that such notice is not necessary.]

(3) [F3 Unless a direction has been made under paragraph (2A),] the applicant and every respondent to the proceedings shall provide such details as they possess as to the identity and whereabouts of any person they believe to hold parental responsibility for the child in accordance with paragraph (1) to the court officer, upon making, or responding to the application as appropriate.

(4) Where the existence of a person who is believed to have parental responsibility for the child in accordance with paragraph (1) only becomes apparent to a party at a later date during the proceedings, that party must notify the court officer of those details at the earliest opportunity.

(5) Where a person to whom paragraph (1) applies receives notice of proceedings, that person may apply to the court to be joined as a party using the Part 18 procedure.

Textual Amendments

F1 Words in rule 12.4(2) inserted (6.4.2020) by The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 16(a)

F2 Rule 12.4(2A) inserted (6.4.2020) by The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 16(b)

F3 Words in rule 12.4(3) inserted (6.4.2020) by The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 16(c)