The Magistrates’ Courts (Children (Northern Ireland) Order 1995) (Amendment) Rules (Northern Ireland) 2011

Amendment to the Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996

5.  For rules 21A to 21D, substitute—

“Transfer of proceedings under Article 15 of the Council Regulation or under Article 8 of the 1996 Hague Convention

21A.— (1) Where a court is considering the transfer of proceedings to the court of another Member State or Contracting State under rules 21B to 21D 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 Member State or Contracting State under rules 21B to 21D will continue to apply until the court in that other State accepts jurisdiction in accordance with the provisions of the Council Regulation or the 1996 Hague Convention (as appropriate), subject to any variation or revocation of the directions.

(4) The clerk of petty sessions 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 Member State or Contracting State will be kept by the clerk of petty sessions.

(6) In this rule and in rules 21B to 21V, references to the court of another Member State or Contracting State include authorities within the meaning of “court” in Article 2(1) of the Council Regulation and 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.

Application by a party for transfer of the proceedings to another MemberState or ContractingState

21B.— (1) A party may apply to the court under Article 15(1) of the Council Regulation or under Article 8(1) of the 1996 Hague Convention—

(a) to stay the proceedings, or a specified part of the proceedings, and to invite the parties to introduce a request before a court of another Member State or Contracting State; or

(b) to make a request to a court of another Member State or 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) in Form C1 or C2 as appropriate.

(3) The applicant must file the application and serve it on the respondents not less than 42 days before the hearing of the application.

Application by a court of another MemberState or another ContractingState for transfer of the proceedings

21C.— (1) This rule applies where a court of another Member State or another Contracting State makes an application under Article 15(2)(c) of the Council Regulation or under Article 9 of the 1996 Hague Convention that the court having jurisdiction in relation to the proceedings transfer the proceedings, or a specified part of the proceedings, to the applicant court.

(2) When the court receives the application, the clerk of petty sessions will—

(a) as soon as practicable, notify the Central Authority for Northern Ireland of the application; and

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

Exercise by the court of its own motion of powers to seek to transfer the proceedings

21D.— (1) The court having jurisdiction in relation to the proceedings may of its own motion exercise its powers under Article 15 of the Council Regulation or 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 clerk of petty sessions will give the parties not less than 5 days notice of the hearing.”