PART 34E+WRECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS

CHAPTER 3E+WENFORCEMENT OF MAINTENANCE ORDERS UNDER THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982,THE JUDGMENTS REGULATION [F1, THE MAINTENANCE REGULATION] [F2, THE 2007 HAGUE CONVENTION] AND THE LUGANO CONVENTION

Textual Amendments

F1Words in Pt. 34 Ch. 3 heading inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 23

SECTION 1E+WRegistration and Enforcement in a Magistrates' Court of Maintenance Orders made in a Contracting State to the 1968 Convention, a Contracting State to the 1988 Convention, a Regulation State [F3, a State bound by the 2007 Hague Convention other than a Member State of the European Union] or a State bound by the Lugano Convention

Textual Amendments

F3Words in Pt. 34 Ch. 3 Section 1 heading inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 22

Registration of maintenance ordersE+W

34.30.—F4(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F5This rule and Practice Direction 34E apply where the family court] receives—

(a)an application under Article 31 of the 1968 Convention for the enforcement of a maintenance order made in a Contracting State other than the United Kingdom;

(b)an application under Article 31 of the 1988 Convention for the enforcement of a maintenance order made in a State bound by the 1988 Convention other than a Member State of the European Union;

[F6(c)an application under Article 26 of the Maintenance Regulation for a declaration of enforceability of a maintenance order made in a Regulation State other than the United Kingdom; F7...]

(d)an application under Article 38 of the Lugano Convention for the enforcement of a maintenance order made in a State bound by the Lugano Convention other than a Member State of the European Union F8...[F9; or

(e)an application under Article 23 of the 2007 Hague Convention for registration of a maintenance order made in a State bound by that Convention other than a Member State of the European Union.]

F10(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Except where [F13Practice Direction 34E provides otherwise, the court] must register the order unless—

(a)in the case of an application under Article 31 of the 1968 Convention, Articles 27 or 28 of that Convention apply; F14...

(b)in the case of an application under Article 31 of the 1988 Convention, Articles 27 or 28 of that Convention apply F15... [F16; and

(c)in the case of an application under Article 23(2) or (3) of the 2007 Hague Convention, Article 22(a) of that Convention applies.]

(7) If the court F17... refuses to register an order to which this rule relates the court officer must notify the applicant.

(8) If the court F18... registers an order the court officer must send written notice of that fact to—

(a)the Lord Chancellor;

(b)the payer; and

(c)the applicant.

F19(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Rule 34.30(2)(c) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 27 (with rule. 38(1)(a))