The Family Procedure (Amendment) Rules 2011

Amendments to the Family Procedure Rules 2010

12.  For rule 9.22 (Proceedings by or against a person outside England and Wales for orders under section 20 of the 1978 Act or paragraphs 30 to 34 of Schedule 6 to the 2004 Act other than proceedings for variation of orders), substitute—

“Application in a magistrates’ court for a maintenance order, or revocation of a maintenance order to which the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies

9.22— (1) This rule applies where a person makes an application to a magistrates’ court for a maintenance order, or for the revocation of a maintenance order, in relation to which the court has jurisdiction by virtue of the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation, and the respondent is outside the United Kingdom.

(2) Where the respondent does not enter an appearance and is not represented at the hearing—

(a) the court will apply the provisions of Article 20 of the 1968 Convention, Article 20 of the 1988 Convention, Article 26 of the Lugano Convention, or Article 11 of the Maintenance Regulation as appropriate;

(b) where the court proceeds to hear the application having applied the appropriate provision referred to in sub-paragraph (a), the court will take into account any written representations made and any evidence given by the respondent under these rules.

(3) This rule does not apply in relation to proceedings to vary a maintenance order.

(4) In this rule—

(a) “the 1982 Act”, “the Lugano Convention” and “the 1988 Convention” have the meanings given to them in rule 34.1(2);

(b) “the 1968 Convention” has the meaning given to it in the Civil Jurisdiction and Judgments Act 1982.

(Rules made under section 144 of the Magistrates’ Courts Act 1980(1) make provision for applications to vary maintenance orders made in magistrates’ courts.)”.

(1)

1980 c.43. Section 144 was amended by section 125(3) of, and paragraph 25 of Schedule 18 to, the Courts and Legal Services Act 1990 (c.41), section 109(1) of, paragraph 245(1) and (2) of Schedule 8, and Schedule 10 to the Courts Act 2003 (c.39), sections 15(1) and 59(5) of, and paragraphs 99 and 102 of Schedule 4, and paragraph 4(1) and (3) of Schedule 11 to the Constitutional Reform Act 2005, and section 208(1) of, and paragraphs 42 and 43(a) of Schedule 21 to, the Legal Services Act 2007 (c. 29).