The Family Procedure Rules 2010

SECTION 2E+WApplications relating to F1... the 1996 Hague Convention

InterpretationE+W

12.58.—(1) In this section —

F2...

“Contracting State” means a State party to the 1996 Hague Convention;

[F3“domestic Central Authority” means—

F5...

F6...

“parental responsibility” has the meaning given in —

F8...

(2) In rules 12.59 to 12.70, references to the court of another F9... Contracting State include F10...authorities of Contracting States which have jurisdiction to take measures directed to the protection of the person or property of the child within the meaning of the 1996 Hague Convention.

Procedure under Article 11(6) of the Council Regulation where the court makes a non-return order under Article 13 of the 1980 Hague ConventionE+W

F1112.59.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure under Article 11(7) of the Council Regulation where the court receives a non-return order made under Article 13 of the 1980 Hague Convention by a court in another Member StateE+W

F1212.60.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of proceedings under F13... Article 8 of the 1996 Hague ConventionE+W

12.61.—(1) Where the court is considering the transfer of proceedings to the court of another F14... Contracting State under rules 12.62 to 12.64 it will—

(a)fix a date for a hearing for the court to consider the question of transfer; and

(b)give directions as to the manner in which the parties may make representations.

(2) The court may, with the consent of all parties, deal with the question of transfer without a hearing.

(3) Directions which are in force immediately prior to the transfer of proceedings to a court in another F15... Contracting State under rules 12.62 to 12.64 will continue to apply until the court in that other State accepts jurisdiction in accordance with the provisions of F16... the 1996 Hague Convention F17..., subject to any variation or revocation of the directions.

(4) The court or court officer will—

(a)take a note of the giving, variation or revocation of directions under this rule; and

(b)as soon as practicable serve a copy of the directions order on every party.

(5) A register of all applications and requests for transfer of jurisdiction to or from another F18... Contracting State will be kept by the principal registry.

Application by a party for transfer of the proceedingsE+W

12.62.—(1) A party may apply to the court F19...under Article 8(1) of the 1996 Hague Convention —

(a)to stay^(GL) the proceedings or a specified part of the proceedings and to invite the parties to introduce a request before a court of another F20... Contracting State; or

(b)to make a request to a court of F21... another Contracting State to assume jurisdiction for the proceedings, or a specified part of the proceedings.

(2) An application under paragraph (1) must be made—

(a)to the court in which the relevant parental responsibility proceedings are pending; and

(b)using the Part 18 procedure.

(3) The applicant must file the application notice and serve it on the respondents [F22not less than 42 days before the hearing of the application].

Application by a court of F23... another Contracting State for transfer of the proceedingsE+W

12.63.—(1) This rule applies where a court of F24... another Contracting State makes an application under F25... Article 9 of the 1996 Hague Convention that the court having jurisdiction in relation to the proceedings transfer the proceedings or a specific part of the proceedings to the applicant court.

(2) When the court receives the application, the court officer will—

(a)as soon as practicable, notify the [F26domestic Central Authority] of the application; and

(b)serve the application, and notice of the hearing on all other parties in England and Wales not less than 5 days before the hearing of the application.

Exercise by the court of its own initiative of powers to seek to transfer the proceedingsE+W

12.64.—(1) The court having jurisdiction in relation to the proceedings may exercise its powers of its own initiative under F27... Article 8 of the 1996 Hague Convention in relation to the proceedings or a specified part of the proceedings.

(2) Where the court proposes to exercise its powers, the court officer will give the parties not less than 5 days' notice of the hearing.

Application to High Court to make request under F28... Article 9 of the 1996 Hague Convention to request transfer of jurisdictionE+W

12.65.—(1) An application for the court to request transfer of jurisdiction in a matter concerning a child from F29... another Contracting State under F30... Article 9 of the 1996 Hague Convention F31... must be made to the principal registry and heard in the High Court.

(2) An application must be made without notice to any other person and the court may give directions about joining any other party to the application.

(3) Where there is agreement between the court and the court or competent authority to which the request under paragraph (1) is made to transfer the matter to the courts of England and Wales, the court will consider with that other court or competent authority the specific timing and conditions for the transfer.

(4) Upon receipt of agreement to transfer jurisdiction from the court or other competent authority in the F32... Contracting State to which the request has been made, the court officer will serve on the applicant a notice that jurisdiction has been accepted by the courts of England and Wales.

(5) The applicant must attach the notice referred to in paragraph (3) to any subsequent application in relation to the child.

(6) Nothing in this rule requires an application with respect to a child commenced following a transfer of jurisdiction to be made to or heard in the High Court.

(7) Upon allocation, the court to which the proceedings are allocated must immediately fix a directions hearing to consider the future conduct of the case.

Procedure where the court receives a request from the authorities of another F33... Contracting State to assume jurisdiction in a matter concerning a childE+W

12.66.—(1) Where any court other than the High Court receives a request to assume jurisdiction in a matter concerning a child from a court or other authority which has jurisdiction in another F34...Contracting State, that court must immediately refer the request to a Judge of the High Court for a decision regarding acceptance of jurisdiction to be made.

(2) Upon the High Court agreeing to the request under paragraph (1), the court officer will notify the parties to the proceedings before the other F35... Contracting State of that decision, and the case must be allocated as if the application had been made in England and Wales.

(3) Upon allocation, the court to which the proceedings are allocated must immediately fix a directions hearing to consider the future conduct of the case.

(4) The court officer will serve notice of the directions hearing on all parties to the proceedings in the other F36... Contracting State no later than 5 days before the date of that hearing.

Service of the court's order or request relating to transfer of jurisdiction under F37...the 1996 Hague ConventionE+W

12.67.  The court officer will serve an order or request relating to transfer of jurisdiction on all parties, the Central Authority of the other F38... Contracting State, and the [F39domestic Central Authority].

Questions as to the court's jurisdiction or whether the proceedings should be stayedE+W

12.68.—(1) If at any time after issue of the application it appears to the court that under F40... Article 13 of the 1996 Hague Convention it is or may be required to stay^(GL) the proceedings or to decline jurisdiction, the court must—

(a)stay^(GL) the proceedings; and

(b)fix a date for a hearing to determine jurisdiction or whether there should be a stay^(GL) or other order.

(2) The court officer will serve notice of the hearing referred to at paragraph (1)(b) on the parties to the proceedings.

(3) The court must, in writing—

(a)give reasons for its decision under paragraph (1); and

(b)where it makes a finding of fact, state such finding.

(4) The court may with the consent of all the parties deal with any question as to the jurisdiction of the court, or as to whether the proceedings should be stayed^(GL), without a hearing.

Request for consultation as to contemplated placement of child in England and WalesE+W

12.69.—(1) This rule applies to a request made —

F41(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)under Article 33 of the 1996 Hague Convention by a court in another Contracting State

for consultation on or consent to the contemplated placement of a child in England and Wales.

(2) Where the court receives a request directly from a court in another F42... Contracting State, the court shall, as soon as practicable after receipt of the request, notify the [F43domestic Central Authority] of the request and take the appropriate action under paragraph (4).

(3) Where it appears to the court officer that no proceedings relating to the child are pending before a court in England and Wales, the court officer must inform the [F43domestic Central Authority] of that fact and forward to the Central Authority all documents relating to the request sent by the court in the other F44... Contracting State.

(4) Where the court receives a request forwarded by the [F43domestic Central Authority], the court must, as soon as practicable after receipt of the request, either—

(a)where proceedings relating to the child are pending before the court, fix a directions hearing; or

(b)where proceedings relating to the child are pending before another court in England and Wales, send a copy of the request to that court.

Request made by court in England and Wales for consultation as to contemplated placement of child in another F45... Contracting StateE+W

12.70.—(1) This rule applies where the court is contemplating the placement of a child in another F46... Contracting State under Article 33 of the 1996 Hague Convention, and proposes to send a request for consultation with or for the consent of the central authority or other authority having jurisdiction in the other State in relation to the contemplated placement.

(2) In this rule, a reference to “the request” includes a reference to a report prepared for purposes of Article 33 of the 1996 Hague Convention where the request is made under that Convention.

(3) Where the court sends the request directly to the central authority or other authority having jurisdiction in the other State, it shall at the same time send a copy of the request to the [F47domestic Central Authority].

(4) The court may send the request to the [F47domestic Central Authority] for onward transmission to the central authority or other authority having jurisdiction in the other F48... State.

(5) The court should give consideration to the documents which should accompany the request. (See Chapters 1 to 3 of this Part generally, for the procedure governing applications for an order under paragraph 19(1) of Schedule 2 to the 1989 Act permitting a local authority to arrange for any child in its care to live outside England and Wales.) (Part 14 sets out the procedure governing applications for an order under section 84 (giving parental responsibility prior to adoption abroad) of the Adoption and Children Act 2002.)

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 ConventionE+W

12.71.—(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 person's parental responsibility for a child by virtue of Article 16 of the 1996 Hague Convention must be made in the principal registry and heard in the High Court.

(3) An application for a declaration referred to in 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.