Rule 34.36 Cancellation of registered orders

F1(1)

Where the court officer for the registering court—

(a)

has no reason to send papers to another Maintenance Enforcement Business Centre under Practice Direction 34E; and

(b)

considers that the payer under the registered order is not residing within the area covered by the Maintenance Enforcement Business Centre for the Designated Family Judge area where the order is registered and has no assets in England and Wales,

the court officer must cancel the registration.

(2)

The court officer must—

(a)

give notice of cancellation to the payee; and

F2(b)

send to the Lord Chancellor—

(i)

the information and documents relating to the registration;

(ii)

a certificate of arrears, if applicable, signed by the court officer;

(iii)

a statement giving such information as the court officer possesses as to the whereabouts of the payer and the nature and location of the payer’s assets; and

(iv)

any other relevant documents which the court officer has relating to the case.

(Practice Direction 34E makes further provision on this matter.)

Annotations

Textual amendments

F1: Rule 34.36(1) substituted (31.7.2015) by The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(3), 25
F2: Rule 34.36(2)(b) substituted (1.7.2015) by The Family Procedure (Amendment) Rules 2015 (S.I. 2015/913), rules 1, 13 (with rule 14)

Notes on Chapter 3

Textual amendments

F1: Words in Pt. 34 Ch. 3 heading 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(5) (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)

Notes on Registration and Enforcement in a Magistrates' Court of Maintenance Orders made in a State bound by the 2007 Hague Convention

Textual amendments

F1: Words in Pt. 34 Ch. 3 Section 1 heading 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(7) (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)