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Civil Jurisdiction and Judgments Act 1982, Cross Heading: Article 52 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Sch. 3G inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 4 (with s. 3(1), Sch. 5 para. 8)
(1)This Convention shall not prevent the application of an agreement, arrangement or international instrument in force between the requesting State and the requested State, or a reciprocity arrangement in force in the requested State that provides for—
(a)broader bases for recognition of maintenance decisions, without prejudice to Article 22 (f) of the Convention;
(b)simplified, more expeditious procedures on an application for recognition or recognition and enforcement of maintenance decisions;
(c)more beneficial legal assistance than that provided for under Articles 14 to 17; or
(d)procedures permitting an applicant from a requesting State to make a request directly to the Central Authority of the requested State.
(2)This Convention shall not prevent the application of a law in force in the requested State that provides for more effective rules as referred to in paragraph 1 (a) to (c). However, as regards simplified, more expeditious procedures referred to in paragraph 1 (b), they must be compatible with the protection offered to the parties under Articles 23 and 24, in particular as regards the rights of the parties to be duly notified of the proceedings and be given adequate opportunity to be heard and as regards the effects of any challenge or appeal.]
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