Rule 8.35 Filing of applicationsF1

Northern Ireland

(1)

Every application under rules 8.33 to 8.63, except for an application under rule 8.56, for a certified copy of a judgment or certificate, F2... must be filed with the Office of Care and Protection.

(2)

Notwithstanding paragraph (1), where recognition of a judgment is raised as an incidental question in proceedings under the F3... 1996 Hague Convention F4... the court hearing those proceedings may determine the question of recognition.

Annotations

Textual amendments

F1: Rules 8.33-8.63 substituted for rules 8.33-8.48 (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(5), Sch. 2
F2: Words in rule 8.35(1) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(17)(a) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in rule 8.35(2) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(17)(b)(i) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in rule 8.35(2) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(17)(b)(ii) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Chapter

Textual amendments

F1: Words in the heading before rule 8.33 omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(15)(a) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

Footnotes

f1: Rules 8.33 - 8.63 substituted by S.R. 2011 No. 64 with effect from 25.03.11