Notes to Accompany 1st July 2012 3rd Update

Coming into force

The Family Procedure (Amendment) Rules 2012 come into force on 6 April 2012


Part 31

This amendment affects the rules governing the registration and enforcement of judgments under Council Regulation (EC) No. 2201/2003.

It gives the court a discretion to permit urgent enforcement where necessary to secure a child's welfare notwithstanding the general position that enforcement is suspended pending expiry of relevant appeal periods. This amendment secures compliance with the judgment of the Court of Justice of the European Union in Health Service Executive v. SC and AC, Attorney General intervening (case no. C-92/12), which determined that the possibility of appeals against a decision on registration of an order from another Member State should not result in automatic suspension of enforcement of a registered order during the time limit for appealing where the best interests of the child require enforcement as a matter of urgency.


Part 31
New text inserted in rule 31.17(1)
New text inserted after rule 31.17(1)


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