Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996

Exclusion requirements: interim care orders and emergency protection orders

25A

• (1) This rule applies where the court includes an exclusion requirement in an interim care order or an emergency protection order.

• (2) The applicant shall—

• (a) prepare a separate statement of the evidence in support of the inclusion of an exclusion requirement;

• (b) serve the statement on the relevant person with a copy of the order containing the exclusion requirement;

• (c) inform the relevant person of his right to apply to vary or discharge the exclusion requirement.

• (3) The relevant person shall serve the parties to the proceedings with any application which he makes for the variation or discharge of the exclusion requirement.

• (4) Where an exclusion requirement ceases to have effect whether—

• (a) as a result of the removal of a child under Article 57A(6) or Article 63A(6),

• (b) because of the discharge of the interim care order or emergency protection order, or

• (c) otherwise,

the applicant shall inform—

• (i) the relevant person,

• (ii) the parties to the proceedings; and

• (iii) (where necessary) the court.

• (5) Where the court includes an exclusion requirement in an interim care order or an emergency protection order of its own motion, paragraph (2) shall apply with the omission of any reference to the statement of the evidence.

• (6) In this rule—

• “the applicant” means the person who initiated the proceedings in which the interim care order or the emergency protection order is made;

• “exclusion requirement” means one or more of the provisions referred to in Article 57A(3) or, as the case may be, Article 63A(3); and

• “relevant person” has the same meaning as in Article 57A(2)(a) or, as the case may be, Article 63A(2)(a).

Secure accommodation

Investigation under Article 56

Appeals to a family proceedings court

Contribution orders

Direction to an education and library board

Application by a party for transfer of proceedings to a court of another Member State

21A

• (1) Where a court is considering the transfer of proceedings to the court of another ... Contracting State under rules 21B to 21D it will—

• (a) fix a date for a hearing for the court to consider the question of transfer; and

• (b) give directions as to the manner in which the parties may make representations.

• (2) The court may, with the consent of all parties, deal with the question of transfer without a hearing.

• (3) Directions which are in force immediately prior to the transfer of proceedings to a court in another ... Contracting State under rules 21B to 21D will continue to apply until the court in that other State accepts jurisdiction in accordance with the provisions of ... the 1996 Hague Convention (as appropriate), subject to any variation or revocation of the directions.

• (4) The clerk of petty sessions will—

• (a) take a note of the giving, variation or revocation of directions under this rule; and

• (b) as soon as practicable serve a copy of the directions order on every party.

• (5) A register of all applications and requests for transfer of jurisdiction to or from another ... Contracting State will be kept by the clerk of petty sessions.

• (6) In this rule and in rules 21B to 21V, references to the court of another ... Contracting State include ... authorities of Contracting States which have jurisdiction to take measures directed to the protection of the person or property of the child within the meaning of the 1996 Hague Convention.

Application by a court of another Member State for transfer of proceedings

21B

• (1) A party may apply to the court ... under Article 8(1) of the 1996 Hague Convention—

• (a) to stay the proceedings, or a specified part of the proceedings, and to invite the parties to introduce a request before a court of another ... Contracting State; or

• (b) to make a request to a court of ... another Contracting State to assume jurisdiction for the proceedings, or a specified part of the proceedings.

• (2) An application under paragraph (1) must be made—

• (a) to the court in which the relevant parental responsibility proceedings are pending; and

• (b) in Form C1 or C2 as appropriate.

• (3) The applicant must file the application and serve it on the respondents not less than 42 days before the hearing of the application.

A certified copy of a judgment or a certificate for enforcement in other Member State

21C

• (1) This rule applies where a court of ... another Contracting State makes an application ... under Article 9 of the 1996 Hague Convention that the court having jurisdiction in relation to the proceedings transfer the proceedings, or a specified part of the proceedings, to the applicant court.

• (2) When the court receives the application, the clerk of petty sessions will—

• (a) as soon as practicable, notify the Central Authority for Northern Ireland of the application; and

• (b) serve the application, and notice of the hearing on all other parties in Northern Ireland not less than 5 days before the hearing of the application.

Rectification of certificates issued under Article 41

21D

• (1) The court having jurisdiction in relation to the proceedings may of its own motion exercise its powers under ... Article 8 of the 1996 Hague Convention in relation to the proceedings, or a specified part of the proceedings.

• (2) Where the court proposes to exercise its powers, the clerk of petty sessions will give the parties not less than 5 days notice of the hearing.

Costs

Confidentiality of documents

Disclosure of address

Notification of Consent

Exclusion requirements: interim care orders and emergency protection orders

Secure accommodation

Investigation under Article 56

Appeals to a family proceedings court

Contribution orders

Direction to an education and library board

FORM C46

WRITTEN STATEMENT OF THE SUBSTANCE OF ORAL EVIDENCE TO BE ADDUCED AT [HEARING] [DIRECTIONS APPOINTMENT]

Rule 18 Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996

Evidence by video link or other method

18A

The court may allow a witness to give evidence through a video link or by any other method of direct communication.

Expert evidence: examination of child

Amendment

Hearing

Application by a party for transfer of proceedings to a court of another Member State

Application by a court of another Member State for transfer of proceedings

A certified copy of a judgment or a certificate for enforcement in other Member State

Rectification of certificates issued under Article 41

Costs

Confidentiality of documents

Disclosure of address

Notification of Consent

Exclusion requirements: interim care orders and emergency protection orders

Secure accommodation

Investigation under Article 56

Appeals to a family proceedings court

Contribution orders

Direction to an education and library board

Transfer of proceedings under Article 15 of the Council Regulation or under Article 8 of the 1996 Hague Convention

Application by a party for transfer of the proceedings to another ... Contracting State

Application by a court of another Member State or another Contracting State for transfer of the proceedings

Exercise by the court of its own motion of powers to seek to transfer the proceedings

Application to High Court to make request under ... Article 9 of the 1996 Hague Convention to request transfer of jurisdiction

21E

• (1) An application from an interested person for the court to request transfer of jurisdiction in a matter concerning a child from ... another Contracting State ... Article 9 of the 1996 Hague Convention (as the case may be) must be made without notice.

• (2) Upon receipt of an application under paragraph (1), the clerk of petty sessions must transfer the application to the Office of Care and Protection.

• (3) Upon the High Court agreeing to the request under paragraph (1), the court to which the proceedings are allocated must forthwith fix a directions hearing to consider the future conduct of the case.

Procedure where the court receives a request from the authorities of another ... Contracting State to assume jurisdiction in a matter concerning a child

21F

• (1) Where the court receives a request to assume jurisdiction in a matter concerning a child from a court or other authority which has jurisdiction in another ... Contracting State, that court must forthwith refer the request to a judge of the High Court for a decision regarding acceptance of jurisdiction to be made.

• (2) Upon the High Court agreeing to the request under paragraph (1), the court to which the proceedings are allocated must forthwith fix a directions hearing to consider the future conduct of the case.

• (3) The clerk of petty sessions will serve notice of the directions hearing on all parties to the proceedings in the other ... Contracting State no later than 5 days before the date of that hearing.

Service of the court’s order or request relating to transfer of jurisdiction under ... the 1996 Hague Convention

21G

The clerk of petty sessions will serve an order or request relating to transfer of jurisdiction on all parties, the Central Authority of the other ... Contracting State, and the Central Authority for Northern Ireland.

Questions as to the court’s jurisdiction or whether the proceedings should be stayed

21H

• (1) If at any time after issue of an application it appears to the court that under ... Article 13 of the 1996 Hague Convention it is or may be required to stay the proceedings or to decline jurisdiction, the court must—

• (a) stay the proceedings; and

• (b) fix a date for a hearing to determine jurisdiction or whether there should be a stay or other matter.

• (2) The clerk of petty sessions will serve notice of the hearing referred to at paragraph (1)(b) on the parties to the proceedings.

• (3) The court must, in writing—

• (a) give reasons for its decision under paragraph (1); and

• (b) where it makes a finding of fact, state such finding.

• (4) The court may with the consent of all the parties deal with any question as to the jurisdiction of the court, or as to whether the proceedings should be stayed, without a hearing.

Request for consultation as to contemplated placement of child in Northern Ireland

21I

• (1) This rule applies to a request made—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) under Article 33 of the 1996 Hague Convention by a court in another Contracting State

for consultation on or consent to the contemplated placement of a child in Northern Ireland.

• (2) Where the court receives a request directly from a court in another ... Contracting State, the court must, as soon as practicable after receipt of the request, notify the Central Authority for Northern Ireland of the request and take the appropriate action under paragraph (4).

• (3) Where it appears to the clerk of petty sessions that no proceedings relating to the child are pending before a court in Northern Ireland, the clerk must inform the Central Authority for Northern Ireland of that fact and forward to the Central Authority all documents relating to the request sent by the court in the other ... Contracting State.

• (4) Where the court receives a request forwarded by the Central Authority for Northern Ireland, the court must, as soon as practicable after receipt of the request, either—

• (a) where proceedings relating to the child are pending before the court, fix a directions hearing; or

• (b) where proceedings relating to the child are pending before another court in Northern Ireland, send a copy of the request to that court and notify the Central Authority for Northern Ireland of this action.

Request made by court in Northern Ireland for consultation as to contemplated placement of child in another ... Contracting State

21J