PART 12PROCEEDINGS RELATING TO CHILDREN EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS

CHAPTER 6PROCEEDINGS UNDER THE 1980 HAGUE CONVENTION, THE EUROPEAN CONVENTION, THE COUNCIL REGULATION, AND THE 1996 HAGUE CONVENTION

SECTION 2Applications relating to the Council Regulation and the 1996 Hague Convention

Application for a declaration as to the extent, or existence, of parental responsibility in relation to a child under Article 16 of the 1996 Hague Convention12.71

1

Any interested person may apply for a declaration —

a

that a person has, or does not have, parental responsibility for a child; or

b

as to the extent of a person’s parental responsibility for a child,

where the question arises by virtue of the application of Article 16 of the 1996 Hague Convention.

2

An application for a declaration as to the extent, or existence of a person’s parental responsibility for a child by virtue of Article 16 of the 1996 Hague Convention must be made in the principal registry and heard in the High Court.

3

An application for a declaration referred to in paragraph (1) may not be made where the question raised is otherwise capable of resolution in any other family proceedings in respect of the child.