Family Proceedings Citation and commencement 1 These Rules may be cited as the Family Procedure (Amendment No.4) Rules 2012 and come into force on the 20th December 2012. Amendments to the Family Procedure Rules 2010 2 The Family Procedure Rules 2010 are amended in accordance with rules 4 to 33 of these Rules. 3 In these Rules, a reference to a Part, Chapter, Section or rule by number alone means the Part, Chapter, Section or rule so numbered in the Family Procedure Rules 2010. 4 In rule 2.3(1)— a after the definition of “the 2005 Act”, insert— “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007 ; ; b after the definition of “application notice”, insert— “ Article 11 form ” means a form published by the Permanent Bureau of the Hague Conference under Article 11(4) of the 2007 Hague Convention for use in relation to an application under Article 10 of that Convention, and includes a Financial Circumstances Form as defined in rule 9.3(1) which accompanies such an application; . 5 In rule 5.1(5) , after “Regulation” insert “, or to an Article 11 form”. 6 In rule 5.3, after paragraph (2), insert— 3 Where the application is made under Article 56 of the Maintenance Regulation , or under Article 10 of the 2007 Hague Convention, the applicant is deemed to have requested the issue of the application by virtue of making the application for establishment or modification of a maintenance decision forwarded on his or her behalf by the Lord Chancellor. [The Lord Chancellor is the Central Authority for England and Wales in relation to the 2007 Hague Convention and the Maintenance Regulation] . 7 In rule 9.3— a in paragraph (1), after the definition of “FDR appointment”, insert— “ Financial Circumstances Form ” means the Financial Circumstances Form published by the Permanent Bureau of the Hague Conference under Article 11(4) of the 2007 Hague Convention for use in relation to applications under Article 10 of that Convention; ; b in paragraph (3) — i after sub-paragraph (a) insert— aa where an application for establishment or modification of maintenance is made under Article 10 of the 2007 Hague Convention, references in this Part to “financial statement” apply to the applicant as if for “financial statement” there were substituted “Financial Circumstances Form; ; ii in sub-paragraph (b)— aa for “Sub-paragraph (a) does” substitute “Sub-paragraphs (a) and (aa) do”; bb after “Maintenance Regulation” insert “or the 2007 Hague Convention, as the case may be,”. 8 In rule 9.12(4) , after “Maintenance Regulation” insert “or the 2007 Hague Convention”. 9 In rule 9.14— a for paragraph (2A) substitute— 2A The requirement of paragraph (2)(a) relating to verification by a statement of truth does not apply to the financial statement of either party where the application has been made under— a Article 56 of the Maintenance Regulation, using the form in Annex VII to that Regulation; or b Article 10 of the 2007 Hague Convention, using the Financial Circumstances Form, and the relief sought is limited to a type to which that Regulation or that Convention, as appropriate, applies, but the court may at any time direct that the financial statement of either party shall be verified by a statement of truth. . 10 In rule 9.18— a for paragraph (4) substitute— 4 The requirement in paragraph (1)(b)(iii) for the court officer to send a blank financial statement to the applicant does not apply where the application has been made under— a Article 56 of the Maintenance Regulation, using the form in Annex VII to that Regulation; or b Article 10 of the 2007 Hague Convention, using the Financial Circumstances Form. ; b in paragraph (5), after “Maintenance Regulation” insert “or the 2007 Hague Convention”. 11 In rule 9.19— a for paragraph (2A) substitute— 2A The requirement of paragraph (2)(a) relating to verification by statement of truth does not apply to the financial statement of either party where the application has been made under— a Article 56 of the Maintenance Regulation, using the form in Annex VII to that Regulation; or b Article 10 of the 2007 Hague Convention, using the Financial Circumstances Form, but the court may at any time direct that the financial statement of either party shall be verified by a statement of truth. . 12 In rule 9.26A(1) — a at the end of sub-paragraph (c), omit “or”; b at the end of sub-paragraph (d), omit “.” and insert— ; or e Article 18 of the 2007 Hague Convention. . 13 After rule 9.26A, insert— International Maintenance Obligations: Communication with the Central Authority for England and Wales 9.26AA 1 Where the Lord Chancellor requests information or a document from the court officer for the relevant court for the purposes of Article 58 of the Maintenance Regulation or Articles 12 or 25(2) of the 2007 Hague Convention, the court officer shall provide the requested information or document to the Lord Chancellor forthwith. 2 In this rule, “ relevant court ” means the court at which an application under Article 56 of the Maintenance Regulation or Article 10 of the 2007 Hague Convention has been filed. [The Lord Chancellor is the Central Authority for England and Wales in relation to the 2007 Hague Convention and the Maintenance Regulation] . 14 In rule 17.1 — a the existing text becomes paragraph (1); b in sub-paragraph (b), for “.” substitute “;”; c after sub-paragraph (b) insert— c an application under Article 10 of the 2007 Hague Convention using the Financial Circumstances Form. ; d after paragraph (1) insert— 2 In this rule, “ Financial Circumstances Form ” has the meaning given to it in rule 9.3(1). . 15 In rule 17.2— a in paragraph (1)(g), after “a” insert “court order,”; b in paragraph (3), for “If” substitute “Subject to paragraph (10), if”; c after paragraph (9), insert— 10 Notwithstanding paragraph (3), and subject to any direction given under rule 9.14(2A) or rule 9.19(2A), the court may permit a party to rely upon matters set out in an application form which has not been verified by a statement of truth as evidence where the application has been made under— a Article 56 of the Maintenance Regulation on the form in Annex VI or VII to that Regulation; or b Article 10 of the 2007 Hague Convention on an Article 11 form. . 16 In rule 20.7— a in paragraph (2)(a)(ii) , after “Lugano Convention,” insert “a State bound by the 2007 Hague Convention which is an EEA State,”; b after the words in parentheses at the end of the rule, insert— (“EEA State” is defined in Schedule 1 to the Interpretation Act 1978 ). . 17 In rule 22.7(2), at the end insert “or if the court gives that party permission to do so without such verification”. 18 In rule 34.1(5)— a in sub-paragraph (c), omit “and”; b in sub-paragraph (d) , for “.” substitute— ; and e the 2007 Hague Convention. . 19 In rule 34.3 — a after “Maintenance Regulation” insert “or the 2007 Hague Convention”; b in sub-paragraph (b), after “statutory provision” insert “or international instrument”. 20 In the heading to Part 34, Chapter 3, after “the Maintenance Regulation” insert “, the 2007 Hague Convention”. 21 In rule 34.28A(1) , for sub-paragraph (a) substitute— a references to a maintenance order include— i a decision, a court settlement or an authentic instrument within the meaning of Article 2 of the Maintenance Regulation where that Regulation applies; ii a maintenance decision to which Chapter V of the 2007 Hague Convention applies by virtue of Article 19(1) of that Convention; iii a maintenance arrangement (as defined in Article 3(e) of the 2007 Hague Convention) which is to be recognised and enforceable in the same way as a maintenance decision by virtue of Article 30 of that Convention; . 22 In the heading to Part 34, Chapter 3, Section 1, after “Regulation State” insert “, a State bound by the 2007 Hague Convention other than a Member State of the European Union”. 23 In rule 34.29A — a in the heading, after “Maintenance Regulation” insert “or under Article 23 of the 2007 Hague Convention”; b for “decision” substitute “order, or under Article 23(2) or (3) of the 2007 Hague Convention for registration of a maintenance order,”. 24 In rule 34.30— a In paragraph (2)— i in sub-paragraph (c) , omit “or”; ii in sub-paragraph (d), omit “.” and insert— ; or e an application under Article 23 of the 2007 Hague Convention for registration of a maintenance order made in a State bound by that Convention other than a Member State of the European Union. . b In paragraph (6)— i in sub-paragraph (a), omit “and”; ii in sub-paragraph (b) omit “.” and insert— ; and c in the case of an application under Article 23(2) or (3) of the 2007 Hague Convention, Article 22(a) of that Convention applies. . c In paragraph (9)(b), after “may apply” insert “, or may request the court officer to apply,”. 25 In rule 34.31(1) — a in sub-paragraph (c) omit “or”; b in sub-paragraph (d) omit “.” and insert— ; or e Article 23(5) of the 2007 Hague Convention. . 26 In rule 34.32(1) — a for “or” in the first place where it occurs substitute “,”; b after “Lugano Convention” insert “or Article 23 of the 2007 Hague Convention”. 27 In rule 34.34(1), after “Lugano Convention” insert “or by the 2007 Hague Convention”. 28 In rule 34.35(3)— a in sub-paragraph (d), omit “or”; b in sub-paragraph (e) , omit “.” and insert— ; or f Article 25 or 30 of the 2007 Hague Convention. . 29 In rule 34.36A — a in sub-paragraph (a)— i in sub-paragraph (iii) omit “or” in the second place where it occurs; ii in sub-paragraph (iv) omit “;” and insert— , or v Article 30(6) of the 2007 Hague Convention; ; b in sub-paragraph (b)— i in sub-paragraph (iii) omit “or”; ii in sub-paragraph (iv) omit “;” and insert— , or v Article 25 or 30 of the 2007 Hague Convention; ; c in sub-paragraph (c)— i in sub-paragraph (iii) omit “or”; ii in sub-paragraph (iv) omit “.” and insert— , or v in relation to an application under this Section relating to the 2007 Hague Convention, without prejudice to Article 44 of that Convention. . 30 After rule 34.36A, insert— International Maintenance Obligations; Communication with the Central Authority for England and Wales 34.36B 1 Where the Lord Chancellor requests information or a document from the court officer for the relevant court for the purposes of Article 58 of the Maintenance Regulation, or Article 12 or 25(2) of the 2007 Hague Convention, the court officer shall provide the requested information or document to the Lord Chancellor forthwith. 2 In this rule, “ relevant court ” means the court at which an application under Article 56 of the Maintenance Regulation or Article 10 of the 2007 Hague Convention has been filed. [The Lord Chancellor is the Central Authority for the 2007 Hague Convention and the Maintenance Regulation] . 31 In rule 34.38 — a in paragraph (1), after “Lugano Convention,” insert “or by the 2007 Hague Convention,”; b in paragraph (2)(c)— i after “Judgments Regulation” for “or” substitute “,”; ii after “Maintenance Regulation” insert “or the 2007 Hague Convention”; c in paragraph (3)— i after “Judgments Regulation” for “or” substitute “,”; ii after “Maintenance Regulation” insert “or the 2007 Hague Convention”; d For paragraph (7) substitute— 7 Any request by a magistrates’ court in England and Wales for the taking or providing of evidence by a court in a State listed in paragraph (8) for the purposes of proceedings to which an instrument listed in that paragraph applies, or by a court in another part of the United Kingdom, shall be communicated in writing to the court in question. 8 The States and instruments referred to in paragraph (7) are— a a Contracting State to the 1968 Convention; b a Contracting State to the 1988 Convention; c a State bound by the Lugano Convention; d Denmark, in relation to proceedings to which the Maintenance Regulation applies; e a State bound by the 2007 Hague Convention, but this paragraph and paragraph (7) do not apply where the State in question is a Member State of the European Union to which the Taking of Evidence Regulation (as defined in rule 24.15) applies. . 32 In rule 34.39 — a for paragraphs (1) and (2), substitute— 1 A person who wishes to enforce a maintenance order obtained in a magistrates’ court in a State to which paragraph (2) applies must apply for a certified copy of the order and, where required by Practice Direction 34A, a certificate giving particulars relating to the judgment and proceedings in which it was given. 2 The States referred to in paragraph (1) are— a a Contracting State to the 1968 Convention; b a Contracting State to the 1988 Convention (other than a Member State of the European Union); c a Member State of the European Union; d a State bound by the Lugano Convention (other than a Member State of the European Union); or e a State bound by the 2007 Hague Convention (other than a Member State of the European Union). ; b in paragraph (4)— i omit “a” in the second place where it occurs; ii after “practice direction” insert “34A”; iii for “and where” to “that Regulation” substitute “together with a copy of any certificate required by that practice direction”; c in paragraph (5)(b)— i omit “or” in sub-paragraph (iv); ii in sub-paragraph (v), for “.” substitute— ; or vi another State bound by the 2007 Hague Convention (other than a Member State of the European Union). . 33 For rule 34.40 substitute— Enforcement of orders of the High Court or county court 34.40 1 This rule applies where a person wishes to enforce a maintenance order obtained in the High Court or a county court (including the principal registry when treated as a divorce county court or, where the enforcement application relates to a civil partnership matter and the Maintenance Regulation, a civil partnership proceedings county court) in a Member State of the European Union or a State bound by the 2007 Hague Convention (other than a Member State of the European Union). 2 Subject to the requirements of Practice Direction 34A, rules 74.12 (application for a certified copy of a judgment) and 74.13 (evidence in support) of the CPR apply in relation to— a an application under Article 40(2) of the Maintenance Regulation for a certified copy of a judgment and an extract relating to that judgment in the form of Annex II to that Regulation; b an application for a certified copy of a judgment and a certificate giving particulars relating to the judgment and the proceedings in which it was given. . Timothy Becker Jill Black, LJ Richard Burton Paul Carr Martyn Cook Chris Darbyshire Bruce Edgington Angela Finnerty Mike Hinchliffe Ruth Lindley-Glover Sunita Mason David Salter Lucy Theis, J Philip Waller I allow these Rules. Signed by authority of the Lord Chancellor McNally Minister of State Ministry of Justice 6th November 2012