Rule 4.34 Procedure where the court receives a request from the authorities of another ... Contracting State to assume jurisdiction in a matter concerning a childF5F1
Northern Ireland
Where any court other than the High Court receives a request to assume jurisdiction in a matter concerning a child from a court or other authority which has jurisdiction in another F2... Contracting State, that court must forthwith refer the request to a judge of the High Court for a decision regarding acceptance of jurisdiction to be made.
Upon the High Court agreeing to the request under paragraph (1), the proper officer will notify the parties to the proceedings before the other F3... Contracting State of that decision, and the case must be allocated as if the application had been made in Northern Ireland.
Upon allocation, the court to which the proceedings are allocated must forthwith fix a directions hearing to consider the future conduct of the case.
The proper officer will serve notice of the directions hearing on all parties to the proceedings in the other F4... Contracting State no later than 5 days before the date of that hearing.
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 4.34(1) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(10)(b) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in rule 4.34(2) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(10)(c) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in rule 4.34(4) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(10)(d) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in rule 4.34 heading omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(10)(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