PART 31REGISTRATION OF ORDERS UNDER F1... THE HAGUE CONVENTION 1996
Registration for enforcement or order for non-recognition of a judgment31
1
2
where the application is made for an order that the judgment should be registered —
a
upon receipt of the application, and subject to any direction given by the court under rule 31.6, the court officer will serve the application on the person against whom registration is sought;
b
the court will not accept submissions from either the person against whom registration is sought or any child in relation to whom the judgment was given.
3
Where the application is for an order that the judgment should not be recognised —
a
upon receipt of the application, and subject to any direction given by the court under rule 31.6, the court officer will serve the application on the person in whose favour judgment was given;
4
F6The court may extend the time set out in subparagraph (3)(b)(ii) on account of distance.
5
The person in whose favour the judgment was given may request recognition or registration of the judgment in their answer, and in that event must comply with 31.4(2)(b), to the extent that such documents, information and evidence are not already contained in the application for non-recognition.
F76
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F8The person in whose favour the judgment was given fails to file a answer as required by paragraph (3) —
a
where the Hague Convention of 15th November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters applies, the court shall apply Article 15 of that Convention; and
b
in all other cases, the court will not consider the application unless —
i
it is proved to the satisfaction of the court that the person in whose favour judgment was given was served with the application within a reasonable period of time to arrange his or her response; or
ii
the court is satisfied that the circumstances of the case justify proceeding with consideration of the application.
F98
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words in Pt. 31 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), 18(2) (with reg. 26) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(e)); 2020 c. 1, Sch. 5 para. 1(1)