Part 2The Family Procedure Rules 2010: amendment and transitional and saving provision
Amendment of Part 34I119
1
Part 34 (reciprocal enforcement of maintenance orders) M1 is amended as follows.
2
In rule 34.1—
a
in paragraph (2), omit the definitions of—
i
“the 1982 Act”;
ii
“the 1988 Convention”;
iii
“the Judgments Regulation”; and
iv
“the Lugano Convention”; and
b
in paragraph (5), omit sub-paragraphs (a) to (d).
3
In rule 34.2—
a
in paragraph (2), omit “and section 5(2) of the 1982 Act”; and
b
in paragraph (3), omit “Article 30 of the Maintenance Regulation for a declaration of enforceability of a maintenance order or under”.
4
In rule 34.3, omit “the Maintenance Regulation or”.
5
In the heading to Chapter 3 of the Part, for the words after “UNDER” substitute “
THE 2007 HAGUE CONVENTION
”
.
6
In rule 34.28A—
a
in paragraph (1)—
i
omit sub-paragraph (a)(i); and
ii
omit sub-paragraph (c); and
b
omit paragraph (2).
7
In the heading to Section 1 of Chapter 3 of the Part, for the words after “made in” substitute “
a State bound by the 2007 Hague Convention
”
.
8
Omit rule 34.29.
9
In rule 34.30—
a
in paragraph (2)—
i
omit sub-paragraphs (a) to (d); and
ii
in sub-paragraph (e), omit “other than a Member State of the European Union”; and
b
in paragraph (6), omit sub-paragraphs (a) and (b).
10
In rule 34.31, in paragraph (1), omit sub-paragraphs (a) to (d).
11
In rule 34.32, in paragraph (1), for the words after “accordance with” up to and including “registration” substitute “
Article 23 of the 2007 Hague Convention
”
.
12
In rule 34.34—
a
in paragraph (1), for the words after “competent court in” to the end substitute “
a State bound by the 2007 Hague Convention
”
; and
b
omit paragraph (3).
13
In rule 34.36A—
a
in paragraph (a), omit sub-paragraphs (i) to (iv);
b
in paragraph (b), omit sub-paragraphs (i) to (iv); and
c
in paragraph (c), omit sub-paragraphs (i) to (iv).
14
In rule 34.36B—
a
in paragraph (1), omit “Article 58 of the Maintenance Regulation, or”;
b
in paragraph (2), omit “Article 56 of the Maintenance Regulation or”; and
c
in the words in parentheses at the end of the rule, omit “and the Maintenance Regulation”.
15
Omit rule 34.36C.
16
In the heading to Section 2 of Chapter 3 of the Part, omit “or a Member State of the European Union”.
17
In rule 34.38—
a
in paragraph (1), for the words after “the UK” up to and including “Lugano Convention, or by” substitute “
or another Contracting State to
”
;
b
in paragraph (2)(c), omit “the 1982 Act, the Judgments Regulation, the Maintenance Regulation or”;
c
in paragraph (3), omit “the 1982 Act, the Judgments Regulation, the Maintenance Regulation or”;
d
for paragraph (7) substitute—
7
Any request by the family court for the taking or providing of evidence by a court in a State bound by the 2007 Hague Convention for the purposes of proceedings to which that Convention applies, or by a court in another part of the United Kingdom, shall be communicated in writing to the court in question.
e
omit paragraph (8) and the words in parentheses following it.
18
In rule 34.39—
a
for paragraph (1), substitute—
1
A person who wishes to enforce a maintenance order obtained in the family court in a State bound by the 2007 Hague Convention must apply for a certified copy of the order and, where required by Practice Direction 34A, a certificate giving particulars relating to the judgment and proceedings in which it was given.
b
omit paragraph (2); and
c
in paragraph (5)—
i
omit sub-paragraphs (b)(i) to (iv); and
ii
in sub-paragraph (b)(vi), omit “(other than a Member State of the European Union)”.
19
In rule 34.40—
a
in paragraph (1), omit—
i
“and the Maintenance Regulation”;
ii
“a Member State of the European Union or”; and
iii
“(other than a Member State of the European Union)”; and
b
in paragraph (2), omit sub-paragraph (a).