The Family Proceedings (Amendment) Rules (Northern Ireland) 2011

Made: 24th February 2011

Coming into operation: 25th March 2011

The Family Proceedings Rules Committee makes the following Rules in exercise of the powers conferred by Article 12 of the Family Law (Northern Ireland) Order 1993[^f00001].

Citation and commencement

1

• (1) These Rules may be cited as the Family Proceedings (Amendment) Rules (Northern Ireland) 2011 and, subject to paragraph (2), shall come into operation on 25th March 2011.

• (2) These Rules, so far as they relate to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children[^f00002], shall come into operation on the day the Convention enters into force for the United Kingdom, which date will be notified in the London, Edinburgh and Belfast Gazettes.

Amendment to the Family Proceedings Rules (Northern Ireland) 1996

2

The Family Proceedings Rules (Northern Ireland) 1996[^f00003] are amended as follows—

• (1) in the Arrangement of Rules—

• (a) omit the entry relating to rule 4.28;

• (b) after the entry relating to rule 4.27 insert—

(4.28) Interpretation (4.29) Transfer of proceedings under Article 15 of the Council Regulation or under Article 8 of the 1996 Hague Convention (4.30) Application by a party for transfer of the proceedings (4.31) Application by a court of another Member State or another Contracting State for transfer of the proceedings (4.32) Exercise by the court of its own motion of powers to seek to transfer the proceedings (4.33) Application to High Court to make request under Article 15 of the Council Regulation or Article 9 of the 1996 Hague Convention to request transfer of jurisdiction (4.34) Procedure where the court receives a request from the authorities of another Member State or Contracting State to assume jurisdiction in a matter concerning a child (4.35) Service of the court’s order or request relating to transfer of jurisdiction under the Council Regulation or the 1996 Hague Convention (4.36) Questions as to the court’s jurisdiction or whether the proceedings should be stayed (4.37) Request for consultation as to contemplated placement of child in Northern Ireland (4.38) Request made by court in Northern Ireland for consultation as to contemplated placement of child in another Member State or Contracting State (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 Convention

• (c) in the final heading in Part VIII, after “REGISTRATION AND ENFORCEMENT UNDER THE COUNCIL REGULATION” insert “AND THE 1996 HAGUE CONVENTION”;

• (d) omit the entries relating to rules 8.33 to 8.48;

• (e) after the heading insert—

(8.33) Application (8.34) Interpretation (8.35) Filing of applications (8.36) Application for registration, recognition or non-recognition of a judgment (8.37) Application for registration or recognition of a judgment under the Council Regulation (8.38) Application for non- recognition of a judgment under the Council Regulation (8.39) Application for registration of a judgment under the 1996 Hague Convention (8.40) Application for non-recognition of a judgment under the 1996 Hague Convention (8.41) Application for recognition only of a judgment under the 1996 Hague Convention (8.42) Application for recognition of a judgment under the Jurisdiction and Recognition of Judgments Regulations (8.43) Application for non-recognition of a judgment under the Jurisdiction and Recognition of Judgments Regulations (8.44) Documents – supplementary (8.45) Directions (8.46) Recognition and enforcement under the Council Regulation of a judgment given in another Member State relating to rights of access or under Article 11(8) for the return of the child to that State (8.47) Registration for enforcement or order for non-recognition of a judgment (8.48) Stay of recognition proceedings by reason of an appeal (8.49) Effect of refusal of application for a decision that a judgment should not be recognised (8.50) Notification of the court’s decision on an application for registration or non-recognition (8.51) Effect of registration under rule 8.50 (8.52) Decision on recognition of a judgment only (8.53) Appeal against the court’s decision under rules 8.49, 8.50 or 8.52 (8.54) Stay of enforcement where appeal pending in state of origin (8.55) Enforcement of judgments registered under rule 8.50 (8.56) Request for a certificate or a certified copy of a judgment (8.57) Applications for certified copy of judgment and certificate under Article 41 or 42 of the Council Regulation (8.58) Applications for certified copy of judgment and certificate under Article 39 of the Council Regulation (8.59) Applications for certified copy of judgment under the 1996 Hague Convention (8.60) Certificates issued in Northern Ireland under Articles 41 and 42 of the Council Regulation (8.61) Rectification of certificate issued under Articles 41 or 42 of the Council Regulation (8.62) Authentic instruments and agreements under Article 46 of the Council Regulation (8.63) Application for provisional, including protective measures (8.64) Application and interpretation (8.65) Relevant disputes: applications for consent orders in respect of financial remedies (8.66) Relevant disputes: financial remedies expressed in a foreign currency (8.67) Mediation evidence: disclosure or inspection (8.68) Mediation evidence: witnesses and depositions

• (2) in rule 1.3(1)—

• (a) omit the definition of “Contracting State”;

• (b) after the definition of “financial relief”, insert—

• “the 1996 Hague Convention” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996[^f00004];

; and

• (c) after the definition of “matrimonial proceedings”, insert—

• “Member State” means a Member State of the European Union which is bound by the Council Regulation or a country which has subsequently adopted the Council Regulation;

• (3) in rule 2.72(1), after “(3)”, insert “, and rule 8.65”;

• (4) for rule 4.28, substitute rules 4.28 to 4.39 set out in Schedule 1;

• (5) for rules 8.33 to 8.48, substitute rules 8.33 to 8.63 set out in Schedule 2;

• (6) after new rule 8.63, insert the new rules 8.64 to 8.68 set out in Schedule 3;

SCHEDULE 1

SCHEDULE 2

SCHEDULE3

Signed

Declan Morgan — W.R.B. Stephens — R.E.Weir — K.H.Wells — Gemma Loughran — Dated 21st February 2011

In exercise of the powers conferred by Article 12A (2) of the Family Law (Northern Ireland) Order 1993, the Department of Justice allows these Rules.

Sealed with the Official Seal of the Department of Justice on 24th February 2011

David Ford — Minister of Justice

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Family Proceedings Rules (Northern Ireland) 1996 [S.R. 1996 No. 322] to make provision:

• enabling the transposition of article 6 (enforceability of agreements resulting from mediation) and article 7 (confidentiality of mediation) of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, by inserting new rules under the heading “Mediation Directive” in Part VII (Enforcement of Orders); and

• for proceedings under the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children; Council Regulation (EC) No.2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility; and the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 (SI 2005/3334).

Footnotes

[^f00001]: S.I. 1993/1576 (N.I. 6), Article 12 was amended by paragraph 90 of Schedule 5 to the Constitutional Reform Act 2005 (c.4).

[^f00002]: CM 7727.

[^f00003]: S.R. 1996 No. 322.

[^f00004]: CM 7727.

[^f00005]: S.I. 2005/3334.

[^f00006]: OJ No. L136, 24.05.2008