The Family Procedure Rules 2010

Enforcement of orders of a magistrates' court E+W

34.39.—(1) This rule applies to applications to a magistrates' court under—

(a) section 12 of the 1982 Act M1 ;

(b) article 54 of the Judgments Regulation; or

(c) article 54 of the Lugano Convention.

(2) A person who wishes to enforce in a Contracting State to the 1968 Convention, a Contracting State to the 1988 Convention (other than a Member State of the European Union), a Regulation State or a State bound by the Lugano Convention (other than a Member State of the European Union) a maintenance order obtained in a magistrates' court must apply for a certified copy of the order.

(3) An application under this rule must be made in writing to the court officer and must specify—

(a) the names of the parties to the proceedings;

(b) the date, or approximate date, of the proceedings in which the maintenance order was made and the nature of those proceedings;

(c) the Contracting State or Regulation State in which the application for recognition or enforcement has been made or is to be made; and

(d) the postal address of the applicant.

(4) The court officer must, on receipt of the application, send a copy of the order to the applicant certified in accordance with a practice direction.

(5) Paragraph (6) applies where—

(a) a maintenance order is registered in a magistrates' court in England and Wales; and

(b) a person wishes to obtain a certificate giving details of any payments made or arrears accrued under the order while it has been registered, for the purposes of an application made or to be made in connection with that order in—

(i) another Contracting State to the 1968 Convention;

(ii) another Contracting State to the 1988 Convention (other than a Member State of the European Union);

(iii) another Regulation State;

(iv) another State bound by the Lugano Convention (other than a Member State of the European Union); or

(v) another part of the United Kingdom.

(6) The person wishing to obtain the certificate referred to in paragraph (5) may make a written application to the court officer for the registering court.

(7) On receipt of an application under paragraph (6) the court officer must send to the applicant a certificate giving the information requested.

(Rule 74.12 (application for certified copy of a judgment) and 74.13 (evidence in support) of the CPR apply in relation to the application for a certified copy of a judgment obtained in the High Court or a county court.)

Marginal Citations

M1 Section 12 was amended by section 3 of and paragraph 7 of Schedule 2 to the Civil Jurisdiction and Judgments Act 1991 (c.12).