The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

PART 7 THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982, THE LUGANO CONVENTION, THE 1988 CONVENTION AND THE MAINTENANCE REGULATION: APPLICATIONS FOR VARIATION OF MAINTENANCE ORDERS

Interpretation

70.  In this Part—

“the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982;

“the 1988 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters done at Lugano on 16th September 1988;

“the Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark signed on behalf of the European Community on 30th October 2007; and

“the Maintenance Regulation” means Council Regulation (EC) No 4/2009(1) of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations, including as applied in relation to Denmark by virtue of the Agreement(2) made on 19th October 2005 between the European Community and the Kingdom of Denmark.

Application for the variation of a maintenance order to which the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies

71.—(1) The FPR shall apply to an application for the variation of a maintenance order in relation to which the court has jurisdiction by virtue of the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation, and the respondent is outside the United Kingdom, with the modification in paragraph (2).

(2) The modification is that that in rule 9.22(1)(3), after “or for” insert “the variation or”.

(1)

OJ No. L7, 10.1.2009 p.1-79.

(2)

OJ No. L299 16.11.2005.

(3)

Rule 9.22 was substituted by S.I. 2011/1328.