Rule 12.62 Application by a party for transfer of the proceedings
A party may apply to the court F1...under Article 8(1) of the 1996 Hague Convention —
to stay(GL) the proceedings or a specified part of the proceedings and to invite the parties to introduce a request before a court of another F2... Contracting State; or
to make a request to a court of F3... another Contracting State to assume jurisdiction for the proceedings, or a specified part of the proceedings.
An application under paragraph (1) must be made—
to the court in which the relevant parental responsibility proceedings are pending; and
using the Part 18 procedure.
The applicant must file the application notice and serve it on the respondents F4not less than 42 days before the hearing of the application.
Annotations
Textual amendments
- F1
Words in rule 12.62(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), 9(11)(a)(i) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in rule 12.62(1)(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), 9(11)(a)(ii) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in rule 12.62(1)(b) 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), 9(11)(a)(iii) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in rule 12.62(3) substituted (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), 9(11)(b) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Notes on Part 12
Textual amendments
- F1
Words in Pt. 12 heading substituted (31.1.2013) by The Family Procedure (Amendment) (No.5) Rules 2012 (S.I. 2012/3061), rules 1, 5(a)
Notes on Chapter 6
Textual amendments
- F1
Words in Pt. 12 Ch. 6 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), 9(5) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Notes on Applications relating to ... the 1996 Hague Convention
Textual amendments
- F1
Words in Pt. 12 Ch. 6 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), 9(7) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)