Rule 8.59 Applications for certified copy of judgment under the 1996 Hague ConventionF1

Northern Ireland

An application for a certified copy of the judgment for the purposes of recognition and enforcement of the judgment under the 1996 Hague Convention must be supported by a statement that is sworn to be true or an affidavit—

(a)

exhibiting—

F2(i)

a copy of the application by which the pleadings were begun and a copy of all pleadings filed in the proceedings;

(ii)

evidence of service of the proceedings, if any;

(b)

stating the grounds on which the court based its jurisdiction to make the orders in question;

(c)

stating the age of the child at the time of the judgment and the measures taken, if any, for the child’s wishes and feelings to be ascertained; and

(d)

stating which persons were provided with notice of the proceedings.

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: Rule 8.59(a)(i) substituted (31.12.2020) by The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(34) (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