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The Family Procedure (Amendment) Rules 2011
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- UK Statutory Instruments
- 2011 No. 1328 (L. 9)
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules amend the Family Procedure Rules 2010 (“the FPR 2010”) to take account of the application of Council Regulation (EC) No 4/2009 of 18th December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations (“the Maintenance Regulation”) in the United Kingdom from 18th June 2011.
These Rules also make minor amendments to the FPR 2010 procedures regarding international jurisdiction and enforcement of maintenance decisions.
Rules 5, 7, 9, 10, 11, and 14 amend existing rules to enable an applicant for maintenance from another Member State to apply using Maintenance Regulation forms rather than the usual court forms.
Rules 8 and 10 amend existing rules on service of documents to reduce potential risks of familial violence to the respondent resulting from the applicant discovering the respondent’s whereabouts as part of the process of service.
Rule 12 provides a procedure for cases where a respondent fails to attend a hearing to establish maintenance in cross border cases.
Rule 13 provides a procedure for cases where questions as to the court’s jurisdiction to make a maintenance decision arise, or a stay of proceedings is sought.
Rules 17 to 31 make amendments to Part 34 of the FPR 2010 (concerning the reciprocal enforcement of maintenance orders) to ensure that proceedings under the Maintenance Regulation are covered.
Rule 32 makes provision regarding stays, documents and translations required by the courts of England and Wales in relation to enforcement of certain international maintenance decisions.
Rules 33 to 37 make amendments regarding procedures in England and Wales for the enforcement of maintenance decisions in other Member States (and States party to the Lugano Conventions).
Rule 38 makes transitional provision.
A full regulatory impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.
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