OpenLegislation

Rule 32.25 Application for the registration of an order made by the High Court or the family courtF3

(1)

An application under section 27 of the 1986 Act for the registration of an order made in the High Court or F1the family court may be made by sending to a court officer at the court which made the order—

(a)

a certified copy of the order;

(b)

a copy of any order which has varied the terms of the original order;

(c)

a statement which—

(i)

contains the name and address of the applicant and the applicant's interest under the order;

(ii)

contains—

(aa)

the name and date of birth of the child in respect of whom the order was made;

(bb)

the whereabouts or suspected whereabouts of the child; and

(cc)

the name of any person with whom the child is alleged to be;

(iii)

contains the name and address of any other person who has an interest under the order and states whether the order has been served on that person;

(iv)

states in which of the jurisdictions of Scotland, Northern Ireland or a specified dependent territory the order is to be registered;

(v)

states that to the best of the applicant's information and belief, the order is in force;

(vi)

states whether, and if so where, the order is already registered;

(vii)

gives details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the order is to be registered;

(viii)

annexes any document relevant to the application; and

(ix)

is verified by a statement of truth; and

(d)

a copy of the statement referred to in paragraph (c).

(2)

On receipt of the documents referred to in paragraph (1), the court officer will, subject to paragraph (4)—

(a)

keep the original statement and send the other documents to the appropriate officer;

(b)

record in the court records the fact that the documents have been sent to the appropriate officer; and

(c)

file a copy of the documents.

(3)

On receipt of a notice that the document has been registered in the appropriate court the court officer will record that fact in the court records.

(4)

The court officer will not send the documents to the appropriate officer if it appears to the court officer that—

(a)

the order is no longer in force; or

(b)

the child has reached the age of 16.

(5)

Where paragraph (4) applies—

(a)

the court officer must, within 14 days of the decision, notify the applicant of the decision of the court officer in paragraph (4) and the reasons for it; and

(b)

the applicant may apply to F2the court, in private for an order that the documents be sent to the appropriate court.

Annotations

Textual amendments

F1

Words in rule 32.25(1) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 102(a) (with rule 137); S.I. 2014/954, art. 2

F2

Words in rule 32.25(5)(b) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 102(b) (with rule 137); S.I. 2014/954, art. 2

F3

Words in rule 32.25 heading substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 102(a) (with rule 137); S.I. 2014/954, art. 2