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The Family Procedure Rules 2010
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- Rules applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
- rule 3.10(1)(1A) substituted for rule 3.10(1) by S.I. 2023/1324 rule 14(b)
- rule 3.4(1)(1A) substituted for rule 3.4(1) by S.I. 2023/1324 rule 7(b)
- rule 3.8(1)(c)(ii)(ad) words substituted by S.I. 2023/1324 rule 11(c)
- rule 3.8(1)(k)(ai) inserted by S.I. 2023/1324 rule 11(g)(i)
- rule 3.8(1)(k)(i) words inserted by S.I. 2023/1324 rule 11(g)(ii)(bb)
- rule 3.8(1)(k)(i) words omitted by S.I. 2023/1324 rule 11(g)(ii)(aa)
- rule 3.8(1)(k)(iii) word substituted by S.I. 2023/1324 rule 11(g)(iv)(aa)
- rule 3.8(1)(k)(iii) word substituted by S.I. 2023/1324 rule 11(g)(iv)(cc)
- rule 3.8(1)(k)(iii) words inserted by S.I. 2023/1324 rule 11(g)(iv)(bb)
- rule 3.8(1)(k)(iii) words omitted by S.I. 2023/1324 rule 11(g)(iv)(dd)
- rule 3.8(1)(k)(ii) word substituted by S.I. 2023/1324 rule 11(g)(iii)
- rule 3.8(1)(l) words omitted by S.I. 2023/1324 rule 11(h)(i)
- rule 3.8(1)(l) words substituted by S.I. 2023/1324 rule 11(h)(ii)
- rule 3.8(1)(l)(i) words inserted by S.I. 2023/1324 rule 11(h)(iii)(bb)
- rule 3.8(1)(l)(i) words substituted by S.I. 2023/1324 rule 11(h)(iii)(aa)
- rule 3.8(1)(m) omitted by S.I. 2023/1324 rule 11(i)
- rule 3.8(1)(n) words omitted by S.I. 2023/1324 rule 11(j)
- rule 3.8(1)(o)(ai) inserted by S.I. 2023/1324 rule 11(k)(i)
- rule 3.8(1)(o)(i) word substituted by S.I. 2023/1324 rule 11(k)(ii)
- rule 3.8(1)(o)(ii) word substituted by S.I. 2023/1324 rule 11(k)(iii)(aa)
- rule 3.8(1)(o)(ii) word substituted by S.I. 2023/1324 rule 11(k)(iii)(cc)
- rule 3.8(1)(o)(ii) words inserted by S.I. 2023/1324 rule 11(k)(iii)(bb)
- rule 3.8(1)(o)(ii) words omitted by S.I. 2023/1324 rule 11(k)(iii)(dd)
- rule 3.8(1)(p) substituted by S.I. 2023/1324 rule 11(l)
- rule 3.3(1A) inserted by S.I. 2023/1324 rule 6(a)
- rule 3.4(2)-(2B) substituted for rule 3.4(2) by S.I. 2023/1324 rule 7(c)
- rule 3.9(2)(e)(f) inserted by S.I. 2023/1324 rule 13(d)
- rule 3.10(3)(ba) inserted by S.I. 2023/1324 rule 14(d)(i)
- rule 3.10(3)(ca) inserted by S.I. 2023/1324 rule 14(d)(iii)
- rule 28.3(7)(aa) inserted by S.I. 2023/1324 rule 19
SECTION 2E+WReciprocal enforcement in a Contracting State F1... of Orders of a court in England and Wales
Textual Amendments
F1Words in Pt. 34 Ch. 3 Section 2 heading omitted (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(16) (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)
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
F234.37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Rule 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 [F3or another Contracting State to] [F4the 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 [F5to] the court;
(b)have been received in evidence [F6to] 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 F7... [F8the 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 [F9the family court] relating to a maintenance order to which F10...[F11the 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.
[F12(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.]
F13(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(F13... )
Textual Amendments
F3Words in rule 34.38(1) substituted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 19(17)(a) (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)
F4Words in rule 34.38(1) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 31(a)
F5Word 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)
F6Word 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)
F7Words in rule 34.38(2)(c) omitted (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(17)(b) (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)
F8Words in rule 34.38(2)(c) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 31(b)(ii)
F9Words in rule 34.38(3) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 134 (with rule 137); S.I. 2014/954, art. 2
F10Words in rule 34.38(3) omitted (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(17)(c) (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)
F11Words in rule 34.38(3) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 31(c)(ii)
F12Rule 34.38(7) substituted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 19(17)(d) (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)
F13Rule 34.38(8) and words omitted (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(17)(e) (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)
Enforcement of orders of [F14the family court] E+W
34.39.—[F15(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.]
F16(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 [F17State] 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 F18... practice direction [F1934A] [F20, [F21together with a copy of any certificate required by that practice direction]] .
(5) Paragraph (6) applies where—
(a)a maintenance order is registered in [F22the 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—
F23(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)another part of the United Kingdom [F24; or
(vi)another State bound by the 2007 Hague Convention F25....]
(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
F14Words in rule 34.39 heading substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 135(a) (with rule 137); S.I. 2014/954, art. 2
F15Rule 34.39(1) substituted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 19(18)(a) (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)
F16Rule 34.39(2) omitted (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(18)(b) (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)
F17Word 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)
F18Word in rule 34.39(4) omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(b)(i)
F19Word in rule 34.39(4) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(b)(ii)
F20Words in rule 34.39(4) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 36(d)
F21Words in rule 34.39(4) substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(b)(iii)
F22Words in rule 34.39(5) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 135(b) (with rule 137); S.I. 2014/954, art. 2
F23Rules 34.39(5)(b)(i)-(iv) omitted (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(18)(c)(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)
F24Rule 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)
F25Words in rule 34.39(5)(b)(vi) omitted (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(18)(c)(ii) (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)
[F26Enforcement of orders of the High Court or [F27the 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 [F28the family court] in F29... a State bound by the 2007 Hague Convention F30....
(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—
F31(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
F26Rule 34.40 substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 33
F27Words in rule 34.40 heading substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 136(a) (with rule 137); S.I. 2014/954, art. 2
F28Words 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)
F29Words in rule 34.40(1) omitted (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)(ii) (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)
F30Words in rule 34.40(1) omitted (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)(iii) (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)
F31Rule 34.40(2)(a) omitted (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)(b) (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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