The Family Procedure Rules 2010 No. 2955 (L. 17)

PART 34 E+W RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS

CHAPTER 3 E+W ENFORCEMENT 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

F1 Words in Pt. 34 Ch. 3 heading inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 23

F2 Words in Pt. 34 Ch. 3 heading inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 20

SECTION 1 E+W Registration 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

F3 Words 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

Enforcement of payments under registered orders E+W

34.33.—(1) This rule applies where a court has ordered periodical payments under a registered maintenance order to be made to the [F4 the family court].

(2) The court officer must take reasonable steps to notify the payee of the means of enforcement available.

(3) Paragraph (4) applies where periodical payments due under a registered order are in arrears.

(4) The court officer, on that officer's own initiative—

(a) may; or

(b) if the sums due are more than 4 weeks in arrears, must,

proceed in that officer's own name for the recovery of the sums due unless of the view that it is unreasonable to do so.

Textual Amendments

F4 Words in rule 34.33(1) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 130 (with rule 137); S.I. 2014/954, art. 2