PART 38 - RECOGNITION AND ENFORCEMENT OF PROTECTION MEASURES

Contents of this part

TitleNumber
I SCOPE AND INTERPRETATION OF THIS PART 
Scope and interpretationRule 38.1
III INCOMING PROTECTION MEASURES 
Application for adjustment under Article 11Rule 38.12
Notification of the adjustment under Article 11Rule 38.13
Application for refusal of recognition or enforcement under Article 13Rule 38.14
Application under Article 14(2)Rule 38.15

I SCOPE AND INTERPRETATION OF THIS PART

Scope and interpretation

38.1

(1)  This Part contains rules about the recognition and enforcement of  incoming protection measures.

(2) In this Part—

'Article 11 notice' means the notification required by Article 11 of the Protection Measures Regulation;

'Article 14 certificate' means a certificate issued under Article 14 of the Protection Measures Regulation;

'person causing the risk' has the meaning given to it in the Protection Measures Regulation; and

'protected person' has the meaning given to it in the Protection Measures Regulation.

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II Omitted

III INCOMING PROTECTION MEASURES

Application for adjustment under Article 11

38.12

A protected person may apply to the court under Article 11 of the Protection Measures Regulation (as it has effect in the law of England and Wales). to adjust the factual elements of an incoming protection measure.

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Notification of the adjustment under Article 11

38.13

(1)  Subject to paragraph (2), the court officer must give Article 11 notice to the person causing the risk by serving it in accordance with Chapter 3 of Part 6 and the rules in that Chapter apply to service of the notice as they apply to any other document to be served by a court officer.

(2) If the person causing the risk resides outside the United Kingdom, the court officer must give Article 11 notice by sending it by registered letter with acknowledgment of receipt or other confirmation of delivery or equivalent to the last known place of residence of that person.

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Application for refusal of recognition or enforcement under Article 13

38.14  An application by a person causing the risk for refusal of recognition or enforcement under Article 13 of the Protection Measures Regulation (as it has effect in the law of England and Wales) must be made to—

(a) the family court if—

(i) there are proceedings relating to the same protection measure before the family court; or

(ii) proceedings relating to the same protection measure were dealt with by the family court;

(b) the High Court if—

(i) there are proceedings relating to the same protection measure before the High Court; or

(ii) proceedings relating to the same protection measure were dealt with by the High Court; or

(c) the family court, unless, applying rule 5.4, the application should be made to the High Court.

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Application under Article 14(2)

38.15 (1)  This rule applies where an Article 14 certificate has been issued in a Member State of the European Union other than  Denmark.

(2) A protected person or person causing the risk may apply to the court to stay, suspend or withdraw the effects of recognition or, where applicable, the enforcement of the protection measure.

(3) An application under this rule must include a copy of the Article 14 certificate issued in the Member State.

(4) On an application under this rule, the court must make such orders or give such directions as may be necessary to give effect to the Article 14 certificate.

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Footnotes

  1. The Family Law Act 1996 (c.27). Section 42 was amended by paragraph 36 of Schedule 10 to, and by Schedule 11 to, the Domestic Violence, Crime and Victims Act 2004 (c.28) and by paragraph 9 of Schedule 9 to the Civil Partnership Act 2004 (c.33).  Back to text
  2. Section 33 was amended by paragraph 4 of Schedule 9 to the Civil Partnership Act 2004. Section 35 was amended by paragraph 6 of Schedule 9 to the Civil Partnership Act 2004. Section 36 was amended by paragraph 34 of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004 and by paragraph 7 of Schedule 9 to the Civil Partnership Act 2004. Section 37 was amended by paragraph 8 of Schedule 9 to the Civil Partnership Act 2004 and section 38 was amended by paragraph 35 of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004.  Back to text
  3. Section 46 was amended by paragraph 37 of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004 and by paragraph 131 of Schedule 11 to the Crime and Courts Act 2013 (c.22). Back to text
  4. Section 49 was amended by Schedule 11 to the Domestic Violence, Crime and Victims Act 2004 and by paragraph 11 of Schedule 9 to the Civil Partnership Act 2004.  Back to text
  5. Section 63A was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 (c.20).  Back to text
  6. Section 63E was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 and amended by section 120 of the Anti-social Behaviour, Crime and Policing Act 2014 (c.12).  Back to text
  7. Section 63G was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 and amended by section 120 of the Anti-social Behaviour, Crime and Policing Act 2014 (c.12).  Back to text

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