Rule 38.14 Application for refusal of recognition or enforcement under Article 13F1

An application by a person causing the risk for refusal of recognition or enforcement under Article 13 of the Protection Measures Regulation F2(as it has effect in the law of England and Wales) must be made to—

(a)

the family court if—

(i)

there are proceedings relating to the same protection measure before the family court; or

(ii)

proceedings relating to the same protection measure were dealt with by the family court;

(b)

the High Court if—

(i)

there are proceedings relating to the same protection measure before the High Court; or

(ii)

proceedings relating to the same protection measure were dealt with by the High Court; or

(c)

the family court, unless, applying rule 5.4, the application should be made to the High Court.

Annotations

Textual amendments

F1: Pt. 38 inserted (11.1.2015) by The Family Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/3296), rules 1(2), 14 (with rule 15)
F2: Words in rule 38.14 inserted (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), 21(6) (with reg. 28A) (as inserted by S.I. 2020/1493, regs. 1(1), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)