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The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations (Northern Ireland) 2012
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Applications for establishment or modification of maintenance in Northern IrelandN.I.
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7.—(1) Upon receipt of an application submitted under Article 10 for establishment or modification of a decision, the Department of Justice shall send that application to [F1the clerk of petty sessions] .
(2) Upon receipt of the application under sub-paragraph (1), [F2the clerk of petty sessions] shall decide—
(a)whether the courts of Northern Ireland have jurisdiction to determine the application F3...; and
(b)if so, whether the magistrates' court has power to make the decision or modification sought under—
(i)the Domestic Proceedings (Northern Ireland) Order 1980 M1, or
(ii)Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 M2.
(3) Where the clerk of petty sessions decides under sub-paragraph (2)(a) that the courts of Northern Ireland do not have jurisdiction to determine the application, the clerk shall return the application to the Department of Justice with a written explanation of the reasons for that decision.
(4) Where the clerk of petty sessions decides under sub-paragraph (2)(b) that the magistrates' court does not have power to make the decision or modification sought, the clerk shall send the application to—
(a)the High Court, or
(b)a county court
as appears to the clerk to be appropriate.
(5) Subject to sub-paragraph (6), if the clerk of petty sessions decides under sub-paragraph (2)(b) that the magistrates' court has power to make the decision or modification sought, the clerk of petty sessions shall issue the application and serve it on the respondent.
[F4(6) If the clerk of petty sessions is unable to establish where the respondent is residing, the clerk shall return the application to the Department of Justice.]
F5(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Where the clerk of petty sessions has determined in accordance with sub-paragraph (2)(b) that the magistrates' court has power to make the decision or modification sought, the application shall be treated for the purpose of establishment or modification of a decision under the Convention as an application under the Domestic Proceedings (Northern Ireland) Order 1980, or under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995, as appropriate.
(9) In this paragraph—
“respondent” means the person who is alleged in an application for establishment of a decision under Article 10 to owe maintenance, or where the application is for modification of a decision, the applicant for the original decision; and
a reference to an application is a reference to an application together with any documents which accompany it.
Textual Amendments
F1Words in Sch. 1 para. 7(1) substituted (coming into force in accordance with art. 1 of the amending Rule) by The Justice Act (Northern Ireland) 2015 (Single Jurisdiction) (Consequential Amendments and Revocations) Order (Northern Ireland) 2016 (S.R. 2016/317), arts. 1, 34(2)(b)(i); (as commenced (31.10.2016) by S.R. 2016/387, art. 2(a) (with art. 3))
F2Words in Sch. 1 para. 7(2) substituted (coming into force in accordance with art. 1 of the amending Rule) by The Justice Act (Northern Ireland) 2015 (Single Jurisdiction) (Consequential Amendments and Revocations) Order (Northern Ireland) 2016 (S.R. 2016/317), arts. 1, 34(2)(b)(ii); (as commenced (31.10.2016) by S.R. 2016/387, art. 2(a) (with art. 3))
F3Words in Sch. 1 para. 7(2)(a) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 40(6)(c) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F4Sch. 1 para. 7(6) substituted (coming into force in accordance with art. 1 of the amending Rule) by The Justice Act (Northern Ireland) 2015 (Single Jurisdiction) (Consequential Amendments and Revocations) Order (Northern Ireland) 2016 (S.R. 2016/317), arts. 1, 34(2)(b)(iii); (as commenced (31.10.2016) by S.R. 2016/387, art. 2(a) (with art. 3))
F5Sch. 1 para. 7(7) omitted (coming into force in accordance with art. 1 of the amending Rule) by virtue of The Justice Act (Northern Ireland) 2015 (Single Jurisdiction) (Consequential Amendments and Revocations) Order (Northern Ireland) 2016 (S.R. 2016/317), arts. 1, 34(2)(b)(iv); (as commenced (31.10.2016) by S.R. 2016/387, art. 2(a) (with art. 3))
Marginal Citations
M1S.I. 1980/563 (NI 5).
M2S.I. 1995/755 (NI 2).
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