Rule 4.39 Application for a declaration as to the extent, or existence, of parental responsibility in relation to a child under Article 16 of the 1996 Hague ConventionF1

Northern Ireland

(1)

Any interested person may apply for a declaration—

(a)

that a person has, or does not have, parental responsibility for a child; or

(b)

as to the extent of a person’s parental responsibility for a child,

where the question arises by virtue of the application of Article 16 of the 1996 Hague Convention.

(2)

An application for a declaration as to the extent, or existence of a persons parental responsibility for a child by virtue of Article 16 of the 1996 Hague Convention must be made in the Office of Care and Protection and heard in the High Court.

(3)

An application under paragraph (1) may not be made where the question raised is otherwise capable of resolution in any other family proceedings in respect of the child.]

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

Notes on Chapter

Footnotes

f1: Rules 4.28 — 4.39 substituted by S.R. 2011 No. 64 effect from 25.03.11