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

Cancellation of registered ordersE+W

34.36.—[F4(1) Where the court officer for the registering court—

(a)has no reason to send papers to another Maintenance Enforcement Business Centre under Practice Direction 34E; and

(b)considers that the payer under the registered order is not residing within the area covered by the Maintenance Enforcement Business Centre for the Designated Family Judge area where the order is registered and has no assets in England and Wales,

the court officer must cancel the registration.]

(2) The court officer must—

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

[F5(b)send to the Lord Chancellor—

(i)the information and documents relating to the registration;

(ii)a certificate of arrears, if applicable, signed by the court officer;

(iii)a statement giving such information as the court officer possesses as to the whereabouts of the payer and the nature and location of the payer’s assets; and

(iv)any other relevant documents which the court officer has relating to the case.

(Practice Direction 34E makes further provision on this matter.)]

Textual Amendments