The Family Proceedings (Amendment No. 2) Rules (Northern Ireland) 2005

Amendment to the 1996 Rules

103.  After rule 8.43 insert the following new rules—

“Service of a certificate under Article 41 of the Council Regulation

8.44.—(1) The court shall serve a certificate issued under Article 41 of the Council Regulation, or a certificate rectified under rule 8.48, on all the parties and the Central Authority of Northern Ireland.

(2) The Central Authority of Northern Ireland shall serve such a certificate as mentioned in paragraph (1) on the Central Authority of the relevant Member State.

Registration of a certificate issued under Article 41 of the Council Regulation

8.45.  The Central Authority of Northern Ireland shall keep a register of certificates issued under Article 41.

Application of a party for transfer of proceedings to a court of another Member State

8.46.—(1) A party may make an application that proceedings, or a specific part of those proceedings, be heard in another Member State pursuant to Article 15 of the Council Regulation.

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

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

(b)the application shall be made by notice to attend before the judge on a day specified in the notice and such notice shall be filed and served on the respondents not less than 5 days before the hearing of the application.

(3) An application made under paragraph (1) shall be supported by an affidavit, which shall contain evidence of the child’s particular connection to the other Member State in accordance with Article 15(3) of the Council Regulation.

(4) The respondents referred to in paragraph (2)(b) are any other parties, the child and the Central Authority of the relevant Member State.

(5) In this rule references to “the child” are references to the child who is the subject of the parental responsibility proceedings.

Application by a court of another Member State for transfer of proceedings

8.47.—(1) A court of another Member State may make an application that proceedings, or a specific part of those proceedings, be heard in that Member State pursuant to Article 15 of the Council Regulation.

(2) An application under paragraph (1) shall be made in the first instance to the Central Authority of Northern Ireland.

(3) The Central Authority of Northern Ireland shall forward an application made under paragraph (1) to the court in which the parental responsibility proceedings are pending, or where there are no pending proceedings, to the Matrimonial Office.

(4) Upon receipt of such an application the proper officer or chief clerk, as the case may be, shall serve a copy of the application on all other parties in Northern Ireland not less than 5 days before the hearing of the application.

(5) A decision to accept or refuse jurisdiction under Article 15 of the Council Regulation shall be served on all parties, the Central Authority of the relevant Member State and the Central Authority of Northern Ireland. Service on a Central Authority of another Member State shall be made by the Central Authority of Northern Ireland.

Rectification of a certificate issued under Article 41 of the Council Regulation

8.48.—(1) Where there is an error in a certificate issued under Article 41 the court which issued the certificate may rectify that error.

(2) A rectification under paragraph (1) may be made—

(a)by the court of its own motion; or

(b)pursuant to an application by—

(i)any party to the proceedings;

(ii)the Central Authority of Northern Ireland; or

(iii)the Central Authority of another Member State.

(3) Any application under sub-paragraph (2)(b) may be made without notice being served on any other party.”.