The Family Proceedings (Amendment) Rules (Northern Ireland) 2003

Application for removal, return etc of the child in Convention proceedings

4B.11.—(1) Paragraph (2) shall apply where –

(a) a notice under regulation 16(1) of the Hague Convention Regulations has been given but not been complied with; or

(b) before such a notice was given an application for a Convention adoption order has been made and not disposed of.

(2) Where this paragraph applies, an application for the return of the child shall be made in writing by the Board to whom notice under Article 22 was given.

(3) The respondents shall be –

(a) the prospective adopter or adopters,

(b) the guardian ad litem,

(c) the adoption agency (if different)

and the court may require notice of the application to be served on such other persons as it thinks fit, including the child, having regard to the child’s age and degree of maturity.

(4) Any respondent who wishes to contest the notice shall, within 7 days of service of the notice upon him, file and serve an answer.

(5) The Master shall list the case for hearing on a date not more than 21 days from the date the application under paragraph (2) was submitted to the court.