Rule 34.39 Enforcement of orders of the family courtF12

F1(1)

A person who wishes to enforce a maintenance order obtained in the family court in a State bound by the 2007 Hague Convention must apply for a certified copy of the order and, where required by Practice Direction 34A, a certificate giving particulars relating to the judgment and proceedings in which it was given.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

An application under this rule must be made in writing to the court officer and must specify—

(a)

the names of the parties to the proceedings;

(b)

the date, or approximate date, of the proceedings in which the maintenance order was made and the nature of those proceedings;

(c)

the F3State in which the application for recognition or enforcement has been made or is to be made; and

(d)

the postal address of the applicant.

(4)

The court officer must, on receipt of the application, send a copy of the order to the applicant certified in accordance with F4... practice direction F534A F6, F7together with a copy of any certificate required by that practice direction .

(5)

Paragraph (6) applies where—

(a)

a maintenance order is registered in F8the family court; and

(b)

a person wishes to obtain a certificate giving details of any payments made or arrears accrued under the order while it has been registered, for the purposes of an application made or to be made in connection with that order in—

F9(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)

another part of the United Kingdom F10; or

(vi)

another State bound by the 2007 Hague Convention F11....

(6)

The person wishing to obtain the certificate referred to in paragraph (5) may make a written application to the court officer for the registering court.

(7)

On receipt of an application under paragraph (6) the court officer must send to the applicant a certificate giving the information requested.

(Rule 74.12 (application for certified copy of a judgment) and 74.13 (evidence in support) of the CPR apply in relation to the application for a certified copy of a judgment obtained in the High Court or a county court.)

Annotations

Textual amendments

F1: Rule 34.39(1) 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(18)(a) (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)
F2: Rule 34.39(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), 19(18)(b) (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)
F3: Word in rule 34.39(3)(c) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 29 (with rule 30)
F4: Word in rule 34.39(4) omitted (20.12.2012) by virtue of The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(b)(i)
F5: Word in rule 34.39(4) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(b)(ii)
F6: Words in rule 34.39(4) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 36(d)
F7: Words in rule 34.39(4) substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(b)(iii)
F8: Words in rule 34.39(5) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 135(b) (with rule 137); S.I. 2014/954, art. 2
F9: Rules 34.39(5)(b)(i)-(iv) 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), 19(18)(c)(i) (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)
F10: Rule 34.39(5)(b)(vi) and word substituted for full stop (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 32(c)(ii)
F11: Words in rule 34.39(5)(b)(vi) 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), 19(18)(c)(ii) (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)
F12: Words in rule 34.39 heading substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 135(a) (with rule 137); S.I. 2014/954, art. 2

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 Reciprocal enforcement in a Contracting State ... of Orders of a court in England and Wales

Textual amendments

F1: Words in Pt. 34 Ch. 3 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), 19(16) (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)