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CHAPTER 3E+WENFORCEMENT OF MAINTENANCE ORDERS UNDER [F1THE 2007 HAGUE CONVENTION]

Textual Amendments

[F2Application of this ChapterE+W

34.28A.—(1) In this Chapter—

[F3(a)references to a maintenance order include—

F4(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)a maintenance decision to which Chapter V of the 2007 Hague Convention applies by virtue of Article 19(1) of that Convention;

(iii)a maintenance arrangement (as defined in Article 3(e) of the 2007 Hague Convention) which is to be recognised and enforceable in the same way as a maintenance decision by virtue of Article 30 of that Convention;]

(b)references to the Hague Protocol are to the Protocol on the Law Applicable to Maintenance Obligations done at The Hague on 23 November 2007 [F5;]]

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F8... )

Textual Amendments

F5Punctuation in rule 34.28A(1)(b) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 28(a) (with rule 30)

F8Words in rule 34.28A omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 125 (with rule 137); S.I. 2014/954, art. 2

SECTION 1E+WRegistration and Enforcement in a Magistrates' Court of Maintenance Orders made in [F9a State bound by the 2007 Hague Convention]

Textual Amendments

InterpretationE+W

F1034.29.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application under Article 30 of the Maintenance Regulation or under Article 23 of the 2007 Hague Convention for a declaration of enforceabilityE+W

F1134.29A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Registration of maintenance ordersE+W

34.30.—F12(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F13This rule and Practice Direction 34E apply where the family court] receives—

F14(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)[F15an application under Article 23 of the 2007 Hague Convention for registration of a maintenance order made in a State bound by that Convention F16....]

F17(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Except where [F20Practice Direction 34E provides otherwise, the court] must register the order unless—

F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)[F22in the case of an application under Article 23(2) or (3) of the 2007 Hague Convention, Article 22(a) of that Convention applies.]

(7) If the court F23... refuses to register an order to which this rule relates the court officer must notify the applicant.

(8) If the court F24... registers an order the court officer must send written notice of that fact to—

(a)the Lord Chancellor;

(b)the payer; and

(c)the applicant.

F25(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeal from a decision relating to registrationE+W

34.31.—(1) This rule applies to an appeal under—

F26(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27(e)Article 23(5) of the 2007 Hague Convention.]

[F28(2) The appeal must be to the family court.

(Practice Direction 34E makes provision in relation to such cases.)]

Textual Amendments

Payment of sums due under a registered orderE+W

34.32.—(1) Where an order is registered in accordance with [F29Article 23 of the 2007 Hague Convention] the court [F30may] order that payment of sums due under the order be made [F31to the court, at such time and place as directed.]

(2) Where the court orders payments to be made to the court F32..., whether in accordance with paragraph (1) or otherwise, the court officer must send the payments by post either—

(a)to the court which made the order; or

(b)to such other person or authority as that court, or the Lord Chancellor, directs.

(Practice Direction 34A contains further provisions relating to the payment of sums due under registered orders.)

Textual Amendments

Enforcement of payments under registered ordersE+W

34.33.—(1) This rule applies where a court has ordered periodical payments under a registered maintenance order to be made to the [F33the family court].

(2) The court officer must take reasonable steps to notify the payee of the means of enforcement available.

(3) Paragraph (4) applies where periodical payments due under a registered order are in arrears.

(4) The court officer, on that officer's own initiative—

(a)may; or

(b)if the sums due are more than 4 weeks in arrears, must,

proceed in that officer's own name for the recovery of the sums due unless of the view that it is unreasonable to do so.

Textual Amendments

Variation and revocation of registered ordersE+W

34.34.—(1) This rule applies where the court officer for a registering court receives notice that a registered maintenance order has been varied or revoked by a competent court in [F34a State bound by the 2007 Hague Convention].

(2) The court officer for the registering court must—

(a)register the order of variation or revocation; and

(b)send notice of the registration by post to the payer and payee under the order.

F35(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F36Registered order: payer residing in an area covered by a different Maintenance Enforcement Business CentreE+W

34.35.  Practice Direction 34E makes provision for cases where a court officer in the Maintenance Enforcement Business Centre for the Designated Family Judge area where an order is registered considers that the payer is residing in a Designated Family Judge area covered by a different Maintenance Enforcement Business Centre.

(For the way in which information will be provided to enable Maintenance Enforcement Business Centres to be identified, see Practice Direction 34E.)]

Textual Amendments

Cancellation of registered ordersE+W

34.36.—[F37(1) Where the court officer for the registering court—

(a)has no reason to send papers to another Maintenance Enforcement Business Centre under Practice Direction 34E; and

(b)considers that the payer under the registered order is not residing within the area covered by the Maintenance Enforcement Business Centre for the Designated Family Judge area where the order is registered and has no assets in England and Wales,

the court officer must cancel the registration.]

(2) The court officer must—

(a)give notice of cancellation to the payee; and

[F38(b)send to the Lord Chancellor—

(i)the information and documents relating to the registration;

(ii)a certificate of arrears, if applicable, signed by the court officer;

(iii)a statement giving such information as the court officer possesses as to the whereabouts of the payer and the nature and location of the payer’s assets; and

(iv)any other relevant documents which the court officer has relating to the case.

(Practice Direction 34E makes further provision on this matter.)]

Textual Amendments

[F39Directions as to stays, documents and translationsE+W

34.36A.  At any stage in proceedings for registration of a maintenance order under this Section of this Chapter, the court may give directions about the conduct of the proceedings, including—

(a)staying of proceedings in accordance with—

F40(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F41(v)Article 30(6) of the 2007 Hague Convention;]

(b)the provision of documents in accordance with—

F42(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F43(v)Article 25 or 30 of the 2007 Hague Convention;]

(c)the provision of translations in accordance with—

F44(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F45(v)in relation to an application under this Section relating to the 2007 Hague Convention, without prejudice to Article 44 of that Convention.]]

Textual Amendments

[F46International Maintenance Obligations; Communication with the Central Authority for England and WalesE+W

34.36B.—(1) Where the Lord Chancellor requests information or a document from the court officer for the relevant court for the purposes of F47...Article 12 or 25(2) of the 2007 Hague Convention, the court officer shall provide the requested information or document to the Lord Chancellor forthwith.

(2) In this rule, “relevant court” means the court at which an application under F48... Article 10 of the 2007 Hague Convention has been filed.

[The Lord Chancellor is the Central Authority for the 2007 Hague ConventionF49...]]

Textual Amendments

The Maintenance Regulation: applications for enforcement or for refusal or suspension of enforcementE+W

F5034.36C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SECTION 2E+WReciprocal enforcement in a Contracting State F51... of Orders of a court in England and Wales

Textual Amendments

Application in a magistrates' court for a maintenance order, or revocation of a maintenance order, to which the 1982 Act, the Judgments Regulations or the Lugano Convention appliesE+W

F5234.37.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52Rule 34.37 omitted (18.6.2011) by virtue of The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 34

Admissibility of DocumentsE+W

34.38.—(1) This rule applies to a document, referred to in paragraph (2) and authenticated in accordance with paragraph (3), which comprises, records or summarises evidence given in, or information relating to, proceedings in a court in another part of the UK [F53or another Contracting State to] [F54the 2007 Hague Convention,] and any reference in this rule to “the court”, without more, is a reference to that court.

(2) The documents referred to at paragraph (1) are documents which purport to—

(a)set out or summarise evidence given [F55to] the court;

(b)have been received in evidence [F56to] the court;

(c)set out or summarise evidence taken in the court for the purpose of proceedings in a court in England and Wales to which F57... [F58the 2007 Hague Convention] applies; or

(d)record information relating to payments made under an order of the court.

(3) A document to which paragraph (1) applies shall, in any proceedings in [F59the family court] relating to a maintenance order to which F60...[F61the 2007 Hague Convention] applies, be admissible as evidence of any fact stated in it to the same extent as oral evidence of that fact is admissible in those proceedings.

(4) A document to which paragraph (1) applies shall be deemed to be authenticated—

(a)in relation to the documents listed at paragraph 2(a) or (c), if the document purports to be—

(i)certified by the judge or official before whom the evidence was given or taken; or

(ii)the original document recording or summarising the evidence, or a true copy of that document;

(b)in relation to a document listed at paragraph (2)(b), if the document purports to be certified by a judge or official of the court to be, or to be a true copy of, the document received in evidence; and

(c)in relation to the document listed at paragraph (2)(d), if the document purports to be certified by a judge or official of the court as a true record of the payments made under the order.

(5) It shall not be necessary in any proceedings in which evidence is to be received under this rule to prove the signature or official position of the person appearing to have given the certificate referred to in paragraph (4).

(6) Nothing in this rule shall prejudice the admission in evidence of any document which is admissible in evidence apart from this rule.

[F62(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.]

F63(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F63... )

Textual Amendments

F55Word in rule 34.38(2)(a) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 35(b)(i)

F56Word in rule 34.38(2)(b) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 35(b)(ii)

Enforcement of orders of [F64the family court] E+W

34.39.—[F65(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.]

F66(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An application under this rule must be made in writing to the court officer and must specify—

(a)the names of the parties to the proceedings;

(b)the date, or approximate date, of the proceedings in which the maintenance order was made and the nature of those proceedings;

(c)the [F67State] in which the application for recognition or enforcement has been made or is to be made; and

(d)the postal address of the applicant.

(4) The court officer must, on receipt of the application, send a copy of the order to the applicant certified in accordance with F68... practice direction [F6934A] [F70, [F71together with a copy of any certificate required by that practice direction]] .

(5) Paragraph (6) applies where—

(a)a maintenance order is registered in [F72the family court]; and

(b)a person wishes to obtain a certificate giving details of any payments made or arrears accrued under the order while it has been registered, for the purposes of an application made or to be made in connection with that order in—

F73(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F73(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F73(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F73(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)another part of the United Kingdom [F74; or

(vi)another State bound by the 2007 Hague Convention F75....]

(6) The person wishing to obtain the certificate referred to in paragraph (5) may make a written application to the court officer for the registering court.

(7) On receipt of an application under paragraph (6) the court officer must send to the applicant a certificate giving the information requested.

(Rule 74.12 (application for certified copy of a judgment) and 74.13 (evidence in support) of the CPR apply in relation to the application for a certified copy of a judgment obtained in the High Court or a county court.)

Textual Amendments

F67Word in rule 34.39(3)(c) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 29 (with rule 30)

F70Words in rule 34.39(4) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 36(d)

F74Rule 34.39(5)(b)(vi) and word substituted for full stop (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(c)(ii)

[F76Enforcement of orders of the High Court or [F77the family court] E+W

34.40.—(1) This rule applies where a person wishes to enforce a maintenance order obtained in the High Court or [F78the family court] in F79... a State bound by the 2007 Hague Convention F80....

(2) Subject to the requirements of Practice Direction 34A, rules 74.12 (application for a certified copy of a judgment) and 74.13 (evidence in support) of the CPR apply in relation to—

F81(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an application for a certified copy of a judgment and a certificate giving particulars relating to the judgment and the proceedings in which it was given.]

Textual Amendments

F78Words in rule 34.40(1) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 136(b) (with rule 137); S.I. 2014/954, art. 2); and rule 34.40(1) in so far as it still has effect in relation to proceedings which were commenced but not disposed of before 22.4.2014 by virtue of rule 137 is amended (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 19(19)(a)(i) (with reg. 27) (as amended by S.I. 2020/1574, regs. 1, 4(2) and S.I. 2020/1493, regs. 1(1), 8(2)(f)); 2020 c. 1, Sch. 5 para. 1(1)

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