Rule 4.29 Transfer of proceedings ... under Article 8 of the 1996 Hague ConventionF7F1
Northern Ireland
Where a court is considering the transfer of proceedings to the court of another F2... Contracting State under rules 4.30 to 4.32 it will—
fix a date for a hearing for the court to consider the question of transfer; and
give directions as to the manner in which the parties may make representations.
The court may, with the consent of all parties, deal with the question of transfer without a hearing.
Directions which are in force immediately prior to the transfer of proceedings to a court in another F3... Contracting State under rules 4.30 to 4.32 will continue to apply until the court in that other State accepts jurisdiction in accordance with the provisions of F4... the 1996 Hague Convention F5..., subject to any variation or revocation of the directions.
The proper officer or chief clerk will—
take a note of the giving, variation or revocation of directions under this rule; and
as soon as practicable serve a copy of the directions order on every party.
A register of all applications and requests for transfer of jurisdiction to or from another F6... Contracting State will be kept by the proper officer.
Annotations
Textual amendments
- F1
Rules 4.28-4.39 substituted for rule 4.28 (25.3.2011 for specified purposes, 1.11.2012 in so far as not already in operation) by The Family Proceedings (Amendment) Rules (Northern Ireland) 2011 (S.R. 2011/64), rules 1, 2(4), Sch. 1
- F2
Words in rule 4.29(1) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(5)(b) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in rule 4.29(3) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(5)(c)(i) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in rule 4.29(3) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(5)(c)(ii) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in rule 4.29(3) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(5)(c)(iii) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Words in rule 4.29(5) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(5)(d) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
- F7
Words in rule 4.29 heading omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(5)(a) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
Notes on Chapter
Footnotes
- f1
-
Rules 4.28 — 4.39 substituted by S.R. 2011 No. 64 effect from 25.03.11