- Latest available (Revised)
- Original (As made)
The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes to legislation:
There are currently no known outstanding effects for the The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012, Paragraph 2.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Recognition and enforcement of maintenance decisions made by courts in Contracting StatesE+W
This section has no associated Explanatory Memorandum
2.—(1) Subject to sub-paragraph (2), the court in England and Wales to which an application for registration of a maintenance decision under the Convention is to be made is [F1the family court] .
(2) An application for registration is to be transmitted by the Lord Chancellor to [F2the family court] (“the registering court”).
(3) Jurisdiction in relation to applications for registration of maintenance decisions lies with the courts of England and Wales if—
(a)the person against whom enforcement is sought is resident in England and Wales, or
(b)assets belonging to that person and which are susceptible to enforcement are situated or held in England and Wales.
(4) An application for registration shall be determined in the first instance by the prescribed officer of the registering court. In this sub-paragraph and in sub-paragraph (5), “prescribed” means prescribed by rules of court.
(5) The decision of the prescribed officer may be appealed to the registering court in accordance with rules of court.
(6) For the purposes of the enforcement of a maintenance decision registered under the Convention in the registering court—
(a)the decision shall be of the same force and effect,
(b)the registering court shall have in relation to its enforcement the same powers, and
(c)proceedings for or with respect to its enforcement may be taken,
as if the decision had originally been made by the registering court.
(7) Sub-paragraph (6) is subject to sub-paragraph (8).
(8) A maintenance decision which is so registered shall be enforceable in [F3the family court] in the same manner as a maintenance order made by that court, F4.... .
In this sub-paragraph “maintenance order” has the meaning given by [F5section 1(10) of the Maintenance Enforcement Act 1991]
(9) Sub-paragraph (6) is also subject to—
(a)paragraph 3;
(b)any provision made by rules of court as to the procedure for the enforcement of maintenance decisions registered in accordance with this paragraph.
(10) The debtor under a maintenance decision registered in accordance with this paragraph in [F6the family court] must give notice of any change of address to the [F7court officer of the family court in the Designated Family Judge area in which the maintenance decision is registered].
In this sub-paragraph, “debtor” has the meaning given by Article 3.
(11) A person who without reasonable excuse fails to comply with sub-paragraph (10) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Textual Amendments
F1Words in Sch. 1 para. 2(1) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 138(a)
F2Words in Sch. 1 para. 2(2) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 138(b)
F3Words in Sch. 1 para. 2(8) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 138(c)(i)
F4Words in Sch. 1 para. 2(8) omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 138(c)(ii)
F5Words in Sch. 1 para. 2(8) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 138(c)(iii)
F6Words in Sch. 1 para. 2(10) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 138(d)(i)
F7Words in Sch. 1 para. 2(10) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 138(d)(ii)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Schedule
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Impact Assessments
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
- Why the government is proposing to intervene;
- The main options the government is considering, and which one is preferred;
- How and to what extent new policies may impact on them; and,
- The estimated costs and benefits of proposed measures.
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.