OpenLegislation

Rule 12.66 Procedure where the court receives a request from the authorities of another ... Contracting State to assume jurisdiction in a matter concerning a childF4

(1)

Where any court other than the High Court receives a request to assume jurisdiction in a matter concerning a child from a court or other authority which has jurisdiction in another F1...Contracting State, that court must immediately refer the request to a Judge of the High Court for a decision regarding acceptance of jurisdiction to be made.

(2)

Upon the High Court agreeing to the request under paragraph (1), the court officer will notify the parties to the proceedings before the other F2... Contracting State of that decision, and the case must be allocated as if the application had been made in England and Wales.

(3)

Upon allocation, the court to which the proceedings are allocated must immediately fix a directions hearing to consider the future conduct of the case.

(4)

The court officer will serve notice of the directions hearing on all parties to the proceedings in the other F3... Contracting State no later than 5 days before the date of that hearing.

Annotations

Textual amendments

F1

Words in rule 12.66(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(15)(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)

F2

Words in rule 12.66(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), 9(15)(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)

F3

Words in rule 12.66(4) 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(15)(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)

F4

Words in rule 12.66 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(15)(a) (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)