Article 21 Amendments to the Family Proceedings Rules 1991

After rule 7.50 insert the following—

“Service of a certificate under Articles 41 or 42 of the Council Regulation

7.51

(1)

The court will serve a certificate issued under Article 41 or 42 of the Council Regulation, or a certificate rectified under rule 7.55, on all the parties and the Central Authority of England and Wales.

(2)

The Central Authority of England and Wales will serve such a certificate as mentioned in paragraph (1) on the Central Authority of the relevant Member State.

Registration of certificates issued under Articles 41 or 42 of the Council Regulation

7.52

The Central Authority shall keep a register of certificates issued under Articles 41 or 42.

Application of a party for transfer of proceedings to a court of another Member State

7.53

(1)

A party may make an application that proceedings, or a specific part of those proceedings, be heard in another Member State pursuant to Article 15 of the Council Regulation.

(2)

An application under paragraph (1) shall be made—

(a)

to the court in which the relevant parental responsibility proceedings are pending; and

(b)

the application shall be made—

(i)

in the High Court, by notice to attend before the judge on a day specified in the notice, and

(ii)

in the county court, on notice in accordance with CCR Order 13, rule 1 (which deals with applications in the course of proceedings);

and such notice shall be filed and served on the respondents not less than 5 days before the hearing of the application.

(3)

An application made under paragraph (1) must be supported by an affidavit, which shall contain evidence of the child’s particular connection to the other Member State in accordance with Article 15(3) of the Council Regulation.

(4)

The respondents referred to in paragraph 2(c) are any other parties, the child and the Central Authority of the relevant Member State.

(5)

In this rule references to the child are references to the child who is the subject of the parental responsibility proceedings.

Application by a court of another Member State for transfer of proceedings

7.54

(1)

A court of another Member State may make an application that proceedings, or a specific part of those proceedings, be heard in that Member State pursuant to Article 15 of the Council Regulation.

(2)

An application under paragraph (1) shall be made in the first instance to the Central Authority of England and Wales.

(3)

The Central Authority will forward an application made under paragraph (1) to the court in which the parental responsibility proceedings are pending, or where there are no pending proceedings to the principal registry.

(4)

When a court receives the application the court shall serve all other parties in England and Wales not less than 5 days before the hearing of the application.

(5)

The hearing of the application will be before a District Judge.

(6)

A decision to accept or refuse jurisdiction under Article 15 of the Council Regulation is to be served on all parties, the Central Authority of the relevant Member State and the Central Authority of England and Wales. Service on a Central Authority or court of another Member State will be made by the Central Authority of England and Wales.

Rectification of certificates issued under Articles 41 or 42

7.55

(1)

Where there is an error in a certificate issued under Articles 41 or 42 a District Judge can rectify that error.

(2)

A rectification under paragraph (1) may be made—

(a)

by the District Judge of his own motion; or

(b)

pursuant to an application by—

(i)

any party to the proceedings;

(ii)

the Central Authority of England and Wales; or

(iii)

the Central Authority of another Member State.

(3)

Any application under sub-paragraph (2)(b) may be made without notice being served on any other party.”