The Family Proceedings Rules 1991

Chapter 3. Registration and Enforcement of Custody Orders

Registration under Family Law Act 1986(1)

7.7—(1) In this Chapter, unless the context otherwise requires—

• “the appropriate court”, means in relation to Scotland, the Court of Session and, in relation to Northern Ireland, the High Court in Northern Ireland;

• “the Deputy Principal Clerk” means the Deputy Principal Clerk of Session;

• “Part I order” means an order under Part I of the Act of 1986;

• “the Master” means the Master (Care and Protection) of the High Court in Northern Ireland;

• “registration” means registration under Part I of the Act of 1986, and “register” and “registerd” shall be construed accordingly.

(2) The prescribed officer for the purpoesof sections 27(4) and 28(1) of the Act shall be the chief clerk of the family proceedings department of the principal registry and the functions of the court under section 27(3) and 28(1) of the Act of 1986 shall be performed by the proper officer.

Application to register English Part I order

7.8—(1) An application under section 27 of the Act of 1986 for the registration of a Part I order made by the High Court shall be made by lodging in the principal registry or the district registry, as the case may be, a certified copy of the order, together with a copy of any order which has varied any of the terms of the original order and an affidavit by the applicant in support of his application, with a copy thereof.

(2) An application under section 27 of the Act of 1986 for the registration of a Part I order made by a county court shall be made by filing in that court a certified copy of the order, together with a certified copy of any order which has varied any of the terms of the original order and an affidavit in support of the application, with a copy thereof.

(3) The affidavit in support under paragraphs (1) and (2) above shall state—

(a) the name and address of the applicant and his interest under the order;

(b) the name and date of birth of the child in respect of whom the order was made, his whereabouts or suspected whereabouts and the name of any person with whom he is alleged to be;

(c) the name and address of any other person who has an interest under the order and whether it has been served on him;

(d) whether the order is to be registered in Scotland or Northern Ireland or in both jurisdictions;

(e) that, to the best of the applicant’s information and belief, the order is in force;

(f) whether, and if so where, the order is already registered; and

(g) details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the Part I order is to be registered;

and there shall be exhibited to the affidavit any document relevant to the application.

(4) Where the documents referred to in paragraphs (1) and (3), or (2) and (3), as the case may be are to be sent to the appropriate court, the proper officer shall—

(a) retain the original affidavit and send the other documents to the Deputy Principal Clerk or to the Master, as the case may be;

(b) record the fact of transmission in the records of the court; and

(c) file a copy of the documents.

(5) On receipt of notice of the registration of a Part I order in the appropriate court the proper officer shall record the fact of registration in the records of the court.

(6) If it appears to the proper officer that the Part I order is no longer in force or that the child has attained the age of 16, he shall refuse to send the documents to the appropriate court and shall within 14 days of such refusal give notice of it, and there reason for it, to the applicant.

(7) If the proper officer refuses to send the documents to the appropriate court, the applicant may apply to the judge in chambers for an order that the documents (or any of them) be sent to the appropriate court.

Registration of Scottish and Northern Ireland orders

7.9  On receipt of a certified copy of an order made in Scotland or Northern Ireland for registration, the prescribed officer shall—

(a) record the order in the register by entering particulars of—

(i) the name and address of the applicant and his interest under the order;

(ii) the name and whereabouts or suspected whereabouts of the child, his date of birth, and the date on which he will attain the age of 16; and

(iii) the terms of the order, its date and the court which made it;

(b) file the certified copy and accompanying documents; and

(c) give notice to the court which sent the certified copy and to the applicant for registration that the order has been registered.

Revocation and variation of English order

7.10—(1) Where a Part I order which is registered in the appropriate court is revoked or varied, the proper officer of the court making the subsequent order shall—

(a) send a certified copy of that order to the Deputy Principal Clerk or to the Master, as the case may be, and to the court which made the Part I order, if that court is different from the court making the subsequent order, for filing by that court;

(b) record the fact of transmission in the records of the court; and

(c) file a copy of the order.

(2) On receipt of notice from the appropriate court of the amendment of its register, the proper officers of the court which made the Part I order and of the court which made the subsequent order shall each record the fact of amendment.

Registration of revoked, recalled or varied Scottish or Northern Ireland order

7.11—(1) On receipt of a certified copy of an order made in Scotland or Northern Ireland which revokes, recalls or varies a registered Part I order, the proper officer shall enter particulars of the revocation, recall or variation, as the case may be, in the register, and give notice of the entry to—

(a) the court which sent the certified copy,

(b) if different, the court which made the Part I order,

(c) the applicant for registration, and

(d) if different, the applicant for the revocation, recall or variation of the order.

(2) An application under section 28(2) of the Act of 1986 shall be made by summons and may be heard and determined by a district judge.

(3) If the applicant for the Part I order is not the applicant under section 28(2) of the Act of 1986 he shall be made a defendant to the application.

(4) Where the court cancels a registration of its own motion or on an application under paragraph (2), the proper officer shall amend the register accordingly and shall give notice of the amendment to the court which made the Part I order.

Interim directions

7.12—(1) An application for interim directions under section 29 of the Act of 1986 may be heard and determined by a district judge.

(2) The parties to the proceedings for enforcement and, if he is not a party thereto, the applicant for the Part I order, shall be made parties to the application.

Staying and dismissal of enforcement proceedings

7.13—(1) An application under section 30(1) or 31(1) of the Act of 1986 may be heard and determined by a district judge.

(2) The parties to the proceedings for enforcement which are sought to be stayed and, if he is not a party thereto, the applicant for the Part I order shall be made parties to an application under either of the said sections.

(3) Where the court makes an order under section 30(2) or (3) or section 31(3) of the Act of 1986, the proper officer shall amend the register accordingly and shall give notice of the amendment to the court which made the Part I order and to the applicants for registration, for enforcement and for the stay or dismissal of the proceedings for enforcement.

Particulars of other proceedings

7.14  A party to proceedings for or relating to a Part I order who knows of other proceedings (including proceedings out of the jurisdiction and concluded proceedings) which relate to the child concerned shall file an affidavit stating—

(a) in which jurisdiction and court the other proceedings were instituted;

(b) the nature and current state of such proceedings and the relief claimed or granted;

(c) the names of the parties to such proceedings and their relationship to the child; and

(d) if applicable, and if known, the reasons why the relief claimed in the proceedings for or relating to the Part I order was not claimed in the other proceedings.

Inspection of register

7.15  The following persons, namely—

(a) the applicant for registration of a registered Part I order,

(b) any person who satisfies a district judge that he has an interest under the Part I order, and

(c) any person who obtains the leave of a district judge,

may inspect any entry in the register relating to the order and may bespeak copies of the order and of any document relating thereto.

(1)

1986 c. 55.