SCHEDULE 1RECOGNITION AND ENFORCEMENT OF NON-EU MAINTENANCE DECISIONS, AND ESTABLISHMENT AND MODIFICATION OF MAINTENANCE OBLIGATIONS UNDER THE CONVENTION

Applications for establishment or modification of maintenance in England and Wales7

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 F14the Maintenance Enforcement Business Centre for the area in which the respondent is residing.

2

Upon receipt of the application under sub-paragraph (1), the F2court 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

F3b

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 F4court officer decides under sub-paragraph (2)(a) that the courts of England and Wales do not have jurisdiction to determine the application, the F4court officer shall return the application to the Lord Chancellor with a written explanation of the reasons for that decision.

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5

Subject to sub-paragraph (6), if the F6court officer decides under sub-paragraph (2)(b) that the F7family court has power to make the decision or modification sought, the F6court officer shall issue the application and serve it on the respondent.

6

If the respondent does not F15reside in the area covered by the Maintenance Enforcement Business CentreF18to which the application has been sent, the court officer shall—

a

if satisfied that the respondent is residing within F16the area covered by another Maintenance Enforcement Business Centre, send the application to the F8court officer of the family court in F17the 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 F9court officer who receives an application by virtue of sub-paragraph (6)(a) shall proceed under sub-paragraph (5) as if that F9court officer had decided that the F10family court has power to make the decision or modification sought.

8

Where the F11court officer has determined in accordance with sub-paragraph (2)(b) that the F12family 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 F13law 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.