Article 8 Authenticated copy of magistrates' court order

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 8(1) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 77
rule 8(3) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 77
rule 8(4) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 77

(1)

A person who wishes to make an application under the Hague Convention in a Contracting State other than the United Kingdom and who wishes to obtain from a magistrates' court an authenticated copy of a decision of that court relating to the child in respect of whom the application is to be made shall apply in writing to the justices' clerk for that court.

(2)

An application under paragraph (1) above shall specify:—

(a)

the name and date or approximate date of birth of the child concerned;

(b)

the date or approximate date of the proceedings in which the decision of the court was given, and the nature of those proceedings;

(c)

the Contracting State in which the application in respect of the child is to be made;

(d)

the relationship of the applicant to the child concerned;

(e)

the postal address of the applicant.

(3)

A justices' clerk who receives an application for an authenticated copy of a decision under this rule shall send by post to the applicant at the address indicated in the application for the purposes an authenticated copy of the decision concerned.

(4)

For the purposes of paragraph (3) of this rule a copy of a decision shall be deemed to be authenticated if it is accompanied by a statement signed by the justices' clerk that it is a true copy of the decision concerned.