PART 12PROCEEDINGS RELATING TO CHILDREN EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS

CHAPTER 6PROCEEDINGS UNDER THE 1980 HAGUE CONVENTION, THE EUROPEAN CONVENTION, THE COUNCIL REGULATION, AND THE 1996 HAGUE CONVENTION

SECTION 2Applications relating to the Council Regulation and the 1996 Hague Convention

Request for consultation as to contemplated placement of child in England and Wales

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

(a)under Article 56 of the Council Regulation, by a court in another Member State; or

(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 Member State or Contracting State, the court shall, as soon as practicable after receipt of the request, notify the Central Authority for England and Wales 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 Central Authority for England and Wales of that fact and forward to the Central Authority all documents relating to the request sent by the court in the other Member State or Contracting State.

(4) Where the court receives a request forwarded by the Central Authority for England and Wales, 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.