OpenLegislation

Rule 4.38 Request made by court in Northern Ireland for consultation as to contemplated placement of child in another ... Contracting StateF4F1

Northern Ireland

(1)

This rule applies where the court is contemplating the placement of a child in F2... another Contracting State under Article 33 of the 1996 Hague Convention, and proposes to send a request for consultation with or for the consent of the Central Authority or other authority having jurisdiction in the other State in relation to the contemplated placement.

(2)

In this rule, a reference to “the request” includes a reference to a report prepared for the purposes of Article 33 of the 1996 Hague Convention where the request is made under that Convention.

(3)

Where the court sends the request directly to the Central Authority or other authority having jurisdiction in the other State, it must at the same time send a copy of the request to the Central Authority for Northern Ireland.

(4)

The court may send the request to the Central Authority for Northern Ireland for onward transmission to the Central Authority or other authority having jurisdiction in the other F3... State.

(5)

The court should give consideration to the documents which should accompany the request.

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 4.38(1) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(14)(b) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

F3

Word in rule 4.38(4) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(14)(c) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in rule 4.38 heading omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(14)(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