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Version Superseded: 31/12/2020
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There are currently no known outstanding effects for the The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012, Paragraph 7.
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7.—(1) Upon receipt of an application submitted under Article 10 for establishment or modification of a decision, the Lord Chancellor shall send that application to [F1the court officer of the family court in [F2the Maintenance Enforcement Business Centre for the area]] in which the respondent is residing.
(2) Upon receipt of the application under sub-paragraph (1), the [F3court officer] of that court shall decide—
(a)whether the courts of England and Wales have jurisdiction to determine the application by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 M1; and
[F4(b)if so, whether the family court has the power to make the decision or modification sought under the law in force in England and Wales.]
(3) Where the [F5court officer] decides under sub-paragraph (2)(a) that the courts of England and Wales do not have jurisdiction to determine the application, the [F5court officer] shall return the application to the Lord Chancellor with a written explanation of the reasons for that decision.
F6(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Subject to sub-paragraph (6), if the [F7court officer] decides under sub-paragraph (2)(b) that the [F8family court] has power to make the decision or modification sought, the [F7court officer] shall issue the application and serve it on the respondent.
(6) If the respondent does not [F9reside in the area covered by the Maintenance Enforcement Business Centre] [F10to which the application has been sent, the court officer] shall—
(a)if satisfied that the respondent is residing within [F11the area covered by another Maintenance Enforcement Business Centre], send the application to the [F12court officer of the family court] in [F13the Maintenance Enforcement Business Centre for] that other area and inform the Lord Chancellor that it has been so sent; or
(b)if unable to establish where the respondent is residing, return the application to the Lord Chancellor.
(7) A [F14court officer] who receives an application by virtue of sub-paragraph (6)(a) shall proceed under sub-paragraph (5) as if that [F14court officer] had decided that the [F15family court] has power to make the decision or modification sought.
(8) Where the [F16court officer] has determined in accordance with sub-paragraph (2)(b) that the [F17family court] has power to make the decision or modification sought, the application shall be treated for the purpose of establishment or modification of a decision under the [F18law in force in England and Wales.]
(9) In this paragraph—
“respondent” means the person who is alleged in an application for establishment of a decision under Article 10 to owe maintenance, or where the application is for modification of a decision, the applicant for the original decision; and a reference to an application is a reference to an application together with any documents which accompany it.
Textual Amendments
F1Words in Sch. 1 para. 7(1) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(a)
F2Words in Sch. 1 para. 7(1) substituted (31.7.2015) by The Civil Jurisdiction and Judgments (Maintenance) and International Recovery of Maintenance (Hague Convention 2007 etc) (Amendment) Order 2015 (S.I. 2015/1489), arts. 1(3), 4(a)
F3Words in Sch. 1 para. 7(2) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(b)(i)
F4Sch. 1 para. 7(2)(b) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(b)(ii)
F5Words in Sch. 1 para. 7(3) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(c)
F6Sch. 1 para. 7(4) omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(d)
F7Words in Sch. 1 para. 7(5) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(e)(i)
F8Words in Sch. 1 para. 7(5) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(e)(ii)
F9Words in Sch. 1 para. 7(6) substituted (31.7.2015) by The Civil Jurisdiction and Judgments (Maintenance) and International Recovery of Maintenance (Hague Convention 2007 etc) (Amendment) Order 2015 (S.I. 2015/1489), arts. 1(3), 4(b)(i)
F10Words in Sch. 1 para. 7(6) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(f)(i)
F11Words in Sch. 1 para. 7(6)(a) substituted (31.7.2015) by The Civil Jurisdiction and Judgments (Maintenance) and International Recovery of Maintenance (Hague Convention 2007 etc) (Amendment) Order 2015 (S.I. 2015/1489), arts. 1(3), 4(b)(ii)(aa)
F12Words in Sch. 1 para. 7(6)(a) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(f)(ii)(bb)
F13Words in Sch. 1 para. 7(6)(a) inserted (31.7.2015) by The Civil Jurisdiction and Judgments (Maintenance) and International Recovery of Maintenance (Hague Convention 2007 etc) (Amendment) Order 2015 (S.I. 2015/1489), arts. 1(3), 4(b)(ii)(bb)
F14Words in Sch. 1 para. 7(7) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(g)(i)
F15Words in Sch. 1 para. 7(7) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(g)(ii)
F16Words in Sch. 1 para. 7(8) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(h)(i)
F17Words in Sch. 1 para. 7(8) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(h)(ii)
F18Words in Sch. 1 para. 7(8) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 140(h)(iii)
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