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

• (1) This rule applies where the court is contemplating the placement of a child in ... another Contracting State under Article 33 of the 1996 Hague Convention, and proposes to send a request for consultation with or for the consent of the Central Authority or other authority having jurisdiction in the other State in relation to the contemplated placement.

• (2) In this rule, a reference to “the request” includes a reference to a report prepared for the purposes of Article 33 of the 1996 Hague Convention ....

• (3) Where the court sends the request directly to the Central Authority or other authority having jurisdiction in the other State, it must at the same time send a copy of the request to the Central Authority for Northern Ireland.

• (4) The court may send the request to the Central Authority for Northern Ireland for onward transmission to the Central Authority or other authority having jurisdiction in the other ... State.

• (5) The court should give consideration to the documents which should accompany the request.

Applications for recognition or non-recognition

21K

• (1) ... Where the person making an application under rules 21L to 21Y does not produce the documents required by those rules, the court may—

• (a) fix a time within which the documents are to be produced;

• (b) accept equivalent documents; or

• (c) dispense with the production of documents if the court considers that it has sufficient information.

• (2) ... A translation of the judgment must be supplied.

• (3) Where any document required by these rules or by the direction of the court under paragraph (1) is not in the English language, the applicant must supply a translation of each such document into English by a notary public or a person qualified for the purpose, authenticated by witness statement or affidavit.

Application for recognition of a judgment under the Council Regulation

21L

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Application for non-recognition of a judgment under the Council Regulation

21M

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Application for recognition of a judgment under the 1996 Hague Convention

21N

An application for recognition under the 1996 Hague Convention must be supported by a statement that is sworn to be true or an affidavit—

• (a) exhibiting—

• (i) the judgment, or a verified, certified or otherwise duly authenticated copy of the judgment;

• (ii) any documents to support the statements referred to paragraph (d);

• (b) giving a description of the opportunities provided by the authority which gave the judgment in question for the child to be heard, except where that judgment was given in a case of urgency;

• (c) giving details of any measures taken in a non-Contracting State of the habitual residence of the child, if applicable, specifying the nature and effect of the measure, and the date on which it was taken;

• (d) in so far as not apparent from the copy of the judgment provided, stating the grounds on which the authority which gave the judgment has based its jurisdiction;

• (e) where appropriate, stating whether Article 33 of the 1996 Hague Convention has been complied with, and the identity and address of the authority or authorities from which consent has been obtained;

• (f) stating—

• (i) whether the judgment provided for the payment of a sum or sums of money;

• (ii) whether interest is recoverable on the judgment or part of it in accordance with the law of the Contracting State in which the judgment was given, and if so, the rate of interest, the date from which the interest is recoverable, and the date on which interest ceases to accrue;

• (g) giving an address within the jurisdiction of the court for service of process on the party making the application and stating, so far as is known to the witness, the name and the usual or last known address or place of business of the person against whom judgment was given.

Application for non-recognition of a judgment under the 1996 Hague Convention

21O

An application for an order that a judgment should not be recognised under the 1996 Hague Convention must be supported by a statement that is sworn to be true or an affidavit—

• (a) exhibiting —

• (i) the judgment, or a verified, certified or otherwise duly authenticated copy of the judgment;

• (ii) any documents to support the statements referred to in paragraph (b);

• (b) stating the ground or grounds under Articles 23 of the 1996 Hague Convention on which it is requested that the judgment should not be recognised and the reasons why the applicant asserts that such ground or grounds is or are made out; and

• (c) giving an address within the jurisdiction of the court for service of process on the applicant and stating, so far as is known to the applicant, the name and usual or last known address or place of business of the person in whose favour the judgment was given.

Stay of recognition proceedings by reason of an appeal

21P

Where recognition or non-recognition of a judgment given in another ... Contracting State is raised as an incidental question in other proceedings, the court may stay the proceedings—

• (a) if an ordinary appeal against the judgment has been lodged; or

• (b) if the judgment was given in the Republic of Ireland, if enforcement of the judgment is suspended there by reason of an appeal.

Effect of refusal of application for a decision that a judgment should not be recognised

21Q

Where the court refuses an application for a decision that a judgment should not be recognised, the court may direct that the decision to refuse the application be treated as a decision that the judgment be recognised.

Decision on recognition of a judgment

21R

• (1) Where the court orders that the judgment should be recognised, the clerk of petty sessions will serve a copy of the order on each party as soon as practicable.

• (2) A sealed order of the court will constitute notification that the judgment has been recognised ... under Article 24 of the 1996 Hague Convention.

• (3) The sealed order must indicate—

• (a) full particulars of the judgment recognised;

• (b) the name of the party making the application and that party’s address for service within the jurisdiction;

• (c) the right of the person against whom judgment was given to appeal against the order for recognition; and

• (d) the period within which an appeal against the order for recognition may be made.

Request for a certificate or a certified copy of a judgment

21S

• (1) An application for a certified copy of a judgment ... must be made to the court which made the order and without giving notice to any other party.

• (2) The certified copy of the judgment will be an office copy sealed with the seal of the court and signed by the clerk of petty sessions. It will be issued with a certified copy of any order which has varied any of the terms of the original order.

• (3) ... The court must indicate on the certified copy of the judgment the grounds on which it based its jurisdiction to make the order, for the purposes of Article 23(2)(a) of the 1996 Hague Convention.

Applications for certified copy of judgment and certificate under Article 41 of the Council Regulation

21T

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Applications for certified copy of judgment and certificate under Article 39 of the Council Regulation

21U

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Applications for certified copy of judgment under the 1996 Hague Convention

21V

An application for a certified copy of the judgment for the purposes of recognition and enforcement of the judgment under the 1996 Hague Convention must be supported by a statement that is sworn to be true or an affidavit—

• (a) exhibiting—

• (i) a copy of the application by which the proceedings were begun and a copy of all pleadings filed in the proceedings;

• (ii) evidence of service of the proceedings, if any;

• (b) stating the grounds on which the court based its jurisdiction to make the orders in question;

• (c) stating the age of the child at the time of the judgment and the measures taken, if any, for the child’s wishes and feelings to be ascertained; and

• (d) stating which persons were provided with notice of the proceedings.

Certificates issued in Northern Ireland under Articles 41 of the Council Regulation

21W

The clerk of petty sessions will serve—

• (a) a certificate issued under Articles 41 of the Council Regulation; or

• (b) a certificate rectified under rule 21X,

on all parties and will transmit a copy to the Central Authority for Northern Ireland.

Rectification of certificate issued under Articles 41 of the Council Regulation

21X

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Authentic instruments and agreements under Article 46 of the Council Regulation

21Y

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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 8 of the 1996 Hague Convention

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