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Rule 4.30 Application by a party for transfer of the proceedingsF1

Northern Ireland

(1)

A party may apply to the court F2... under Article 8(1) of the 1996 Hague Convention—

(a)

to stay the proceedings, or a specified part of the proceedings, and to invite the parties to introduce a request before a court of another F3... Contracting State; or

(b)

to make a request to a court of F4... another Contracting State to assume jurisdiction for the proceedings, or a specified part of the proceedings.

(2)

An application under paragraph (1) must be made—

(a)

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

(b)

in Form C1 or C2 as appropriate.

F5(3)

The applicant must file the application and serve it on the respondent not less than 6 weeks before the hearing of the application.

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 4.30(1) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(6)(a) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in rule 4.30(1)(a) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(6)(b) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in rule 4.30(1)(b) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(6)(c) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

F5

Rule 4.30(3) substituted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(6)(d) (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