Rule 24 Amendments to the Family Procedure Rules 2010

In Part 34, Chapter 3, before Section 1, insert—

“Application of this Chapter

34.28A.

(1)

In this Chapter—

(a)

references to a maintenance order include reference to a decision, a court settlement or an authentic instrument within the meaning of Article 2 of the Maintenance Regulation where that Regulation applies;

(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^f1.

(2)

In relation to the Maintenance Regulation—

(a)

Section 1 applies to maintenance orders to which Sections 2 and 3 of Chapter IV of the Maintenance Regulation apply (decisions given in a Member State which does not apply the rules of the Hague Protocol, that is, Denmark, and decisions to which Sections 2 and 3 of Chapter IV of that Regulation apply by virtue of Article 75(2)(a) or (b));

(b)

Section 2 applies to all maintenance orders made in a magistrates’ court in England and Wales for which reciprocal enforcement is sought in any Member State of the European Union, including Denmark.

(Provision in respect of enforcement of maintenance orders to which Section 1 of the Maintenance Regulation applies (maintenance decisions given in Member States other than Denmark) is made in the Magistrates’ Courts Rules 1981^f2)”.