PART 34 E+WRECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS

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

SECTION 1 E+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 or a State bound by the Lugano Convention

Cancellation of registered orders E+W

34.36.—(1) Where the court officer for the registering court—

(a) has no reason to transfer a registered order under rule 34.35; and

(b) considers that the payer under the registered order is not residing within the local justice area for which the court acts and has no assets to which the 1958 Act applies,

the court officer must cancel the registration of the order.

(2) The court officer must—

(a) give notice of cancellation to the payee; and

(b) send the information and documents relating to the registration and the other documents referred to in rule 34.35(2) to the Lord Chancellor.