OpenLegislation

Rule 4.33 Application to High Court to make request ... or Article 9 of the 1996 Hague Convention to request transfer of jurisdictionF6F1

Northern Ireland

(1)

An application from an interested person for the court to request transfer of jurisdiction in a matter concerning a child from F2... another Contracting State F3... or Article 9 of the 1996 Hague Convention F4... must be made to the Office of Care and Protection and heard in the High Court.

(2)

An application must be made without notice to any other person and the court may give directions about joining any other party to the application.

(3)

Where there is agreement between the court and the court or competent authority to which the request under paragraph (1) is made to transfer the matter to the courts of Northern Ireland, the court will consider with that other court or competent authority the specific timing and conditions for the transfer.

(4)

Upon receipt of agreement to transfer jurisdiction from the court or other competent authority in the F5... Contracting State to which the request has been made, the proper officer will serve on the applicant a notice that jurisdiction has been accepted by the courts of Northern Ireland.

(5)

The applicant must attach the notice referred to in paragraph (3) to any subsequent application in relation to the child.

(6)

Nothing in this rule requires an application with respect to a child commenced following a transfer of jurisdiction to be made to or heard in the High Court.

(7)

Upon allocation, the court to which the proceedings are allocated must forthwith fix a directions hearing to consider the future conduct of the case.

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 4.33(1) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(9)(b)(i) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in rule 4.33(1) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(9)(b)(ii) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in rule 4.33(1) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(9)(b)(iii) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in rule 4.33(4) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(9)(c) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in rule 4.33 heading omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(9)(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