(1) In this Chapter–

‘payer’, in relation to a maintenance order, means the person liable to make the payments for which the order provides; and

‘reciprocating country’ means a country or territory to which the 1920 Act extends.

(2) In this Chapter, an expression defined in the 1920 Act has the meaning given to it in that Act.

(1) This rule applies where, in accordance with section 4(1) of the 1920 Act², the court officer receives a provisional maintenance order.

(2) The court must fix the date, time and place for a hearing.

(3) The court officer must register the order in accordance with rule 34.3.

(4) The court officer must serve on the payer –

(5) The court officer must inform –

whether the court confirms, with or without modification, or decides not to confirm, the order.

Where an order made by a reciprocating country is registered in the family court under section 1 of the 1920 Act, the court must order payments due to be made to the court.

(1) This rule applies to –

where the court has ordered that payments due under the order be made to the court.

(2) The court officer must –

(3) The court officer may take proceedings in that officer's own name for enforcing payment of monies due under the order.

(Rule 32.33 makes provision in relation to a court officer taking such proceedings.)

(1) This rule applies where a court in a reciprocating country has sent a provisional order to the family court for the purpose of taking further evidence.

(2) The court officer must send a notice to the person who applied for the provisional order specifying –

A maintenance order to be sent by the Lord Chancellor to the High Court in accordance with section 1(1) of the 1920 Act³ will be –

(1) This rule applies to maintenance orders made in the High Court.

(2) An application for a maintenance order to be sent to a reciprocating country under section 2 of the 1920Act⁴ must be made in accordance with this rule.

(3) The application must be made to a district judge in the principal registry unless paragraph (4) applies.

(4) If the order was made in the course of proceedings in a district registry, the application may be made to a district judge in that district registry.

(5) The application must be –

(6) The written evidence must give –

(1) A person may inspect the register and request copies of a registered order and any document filed with it if the district judge is satisfied that that person is entitled to, or liable to make, payments under a maintenance order made in –

(2) The right to inspect the register referred to in paragraph (1) may be exercised by –

(1) In this Chapter –

(2) In this Chapter, an expression defined in the 1972 Act has the meaning given to it in that Act.

(3) In this Chapter, ‘Hague Convention Countries’ means the countries listed in Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993.

(1) Section 1 of this Chapter contains rules relating to the reciprocal enforcement of maintenance orders under Part 1of the 1972 Act.

(2) Section 2 of this Chapter modifies the rules contained in Section 1 of this Chapter in their application to –

Reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act

An application for a maintenance order to be sent to a reciprocating country under section 2 of the 1972 Act must be made in accordance with Practice Direction 34A.

A document setting out or summarising evidence is authenticated by a court in England and Wales by a certificate signed, by the judge

before whom that evidence was given.

(1) This rule applies to proceedings for the confirmation of a provisional order made in a reciprocating country, including proceedings in the family court for the confirmation of a provisional order made in a reciprocating country varying a maintenance order to which section 5(5) or 9(6) of the 1972 Act applies.

(2) Paragraph (3) applies on receipt by the court of –

(3) On receipt of the documents referred to in paragraph (2) –

(4) The date fixed for the hearing must be not less than 21 days beginning with the date on which the court officer sent the documents to the payer in accordance with paragraph (2).

(5) The court officer will send to the relevant court in the reciprocating country a certified copy of any order confirming or refusing to confirm the provisional order.

(1) This rule applies where –

(Section 5(9) of the1972 Act provides that the family court may revoke a provisional order made by it, before the order has been confirmed in a reciprocating country, if it receives new evidence.)

(2) The court officer must serve on the person who applied for the provisional order (‘the applicant’) a notice which must –

(3) If an applicant wishes to adduce further evidence –

(1) This rule applies where –

(2) The court officer must send a certified copy of the order of variation or revocation to the relevant court in the reciprocating country.

(1) This rule applies where the family court makes an order –

(2) The court officer must send written notice of the making, variation, revocation or confirmation of the order, as appropriate,to the relevant court in the reciprocating country.

(1) This rule applies where a request is made by or on behalf of a court in a reciprocating country for the taking of evidence for the purpose of proceedings relating to a maintenance order to which Part 1 of the 1972 Act applies.

(Section 14 of the1972⁷ Act makes provision for the taking of evidence needed for the purpose of certain proceedings.)

(2) The High Court has power to take the evidence where –

(3) The family court has power to take evidence where –

(Practice Direction 34E makes further provision on this matter)

(4) Omitted

(5) Omitted

(6) The evidence is to be taken in accordance with Part 22.

(1) This rule applies where a request is made by the family court for the taking of evidence in a reciprocating country in accordance with section 14(5) of the 1972 Act.

(2) The request must be made in writing to the court in the reciprocating country.

(1) This rule applies to any document, including a notice or request, which is required to be sent to a court in a reciprocating country by –

(2) The document must be sent to the Lord Chancellor for transmission to the court in the reciprocating country.

(1) Where an order is registered in the family court in accordance with section 6(3) of the 1972 Act, the court must order that the payment of sums due under the order be made –

(Section 6(3) of the1972 Act makes provision for the registration of maintenance orders made in a reciprocating country.)

(2) Where the court orders payments to be made to the court, whether in accordance with paragraph (1) or otherwise, the court officer must send the payments –

(1) This rule applies where a court has ordered periodical payments under a registered maintenance order to be made to the court.

(2) The court officer must take reasonable steps to notify the payee of the means of enforcement available.

(3) Paragraph (4) applies where periodical payments due under a registered order are in arrears.

(4) The court officer, on that officer's own initiative –

(1) The court officer must send written notice to the Lord Chancellor of the due registration of orders registered in accordance with section 6(3), 7(5), or 10(4) of the 1972 Act.

(2) The court officer must, when registering an order in accordance with section 6(3), 7(5), 9(10), 10(4) or (5)or 23(3) of the 1972 Act⁸, send written notice to the payer stating –

(3) The court officer must, when cancelling the registration of an order in accordance with section 10(1) of the 1972 Act, send written notice of the cancellation to the payer.

Modification of rules in Section 1 of this Chapter

SUB-SECTION 1 Omitted

SUB-SECTION 2 Hague Convention Countries

(1) In relation to the Hague Convention Countries, Section 1 of this Chapter has effect as modified by this rule.

(2) A reference in this rule, and in any rule which has effect in relation to the Hague Convention Countries by virtue of this rule to –

(3) A reference to a reciprocating country in rule 34.12(1) and Section 1 of this Chapter is a reference to a Hague Convention Country.

(4) Rules 34.15 (certification of evidence given on provisional orders), 34.16 (confirmation of provisional orders), 34.19 (notification of confirmation, variation or revocation of a maintenance order by the family court) and 34.21 (request for the taking of evidence by a court in a reciprocating country) do not apply.

(5) For rule 34.17 (consideration of revocation of a provisional order made by the family court) substitute –

(6) For rule 34.18 (notification of variation or revocation of a maintenance order by the High Court or the family court) substitute –

(7) For rule 34.23(2) (method of payment under registered orders) substitute –

(8) For rule 34.25 (notification of registration and cancellation) substitute –

(9) After rule 34.25 insert –

SUB-SECTION 3 United States of America

(1) In relation to the United States of America, Section 1 of this Chapter has effect as modified by this rule.

(2) A reference in this rule and in any rule which has effect in relation to the United States of America by virtue of this rule to –

(3) A reference to a reciprocating country in rule 34.12(1) and Section 1 of this Chapter is a reference to the United States of America.

(4) Rules 34.15 (certification of evidence given on provisional orders), 34.16 (confirmation of provisional orders), 34.19 (notification of confirmation, variation or revocation of a maintenance order made by the family court) and 34.21 (request for the taking of evidence in a reciprocating country) do not apply.

(6) For rule 34.18 (notification of variation or revocation), substitute –

(7) For rule 34.23(2) (method of payment under registered orders) substitute –

(8) For rule 34.25 (notification of registration and cancellation) substitute –

In this Section –

‘convention country’ means a country or territory specified in an Order in Council made under section 25 of the 1972 Act; and

an expression defined in the 1972 Act has the meaning given to it in that Act.

(1) Where the family court dismisses an application under –

the court officer will send a written notice of the court’s decision to the Lord Chancellor.

(2) The notice will include a statement of the court’s reasons for its decision.

(1) Where the family court receives an application for the recovery of maintenance sent from the Lord Chancellor under section 27B of the 1972 Act, the court will –

(2) Within 14 days of service under this rule, the respondent must file an answer to the application in the form referred to in Practice Direction 5A.

Where –

is required to be registered in the family court by virtue of the Recovery of Maintenance (United States of America) Order 2007, the court officer will enter a minute or memorandum of the application or certificate in the register.

(1) Where the family court makes an order which is required under section 27C(7) of the 1972 Act to be registered, the court officer will enter a minute or memorandum of the order in the register.

(2) Where a court officer receives under section 32(3) of the 1972 Act a certified copy of an order, the court officer will register the order by means of a minute or memorandum in the register.

(3) Every minute or memorandum entered under paragraph (1) or (2) will specify the section and subsection of the 1972 Act under which the order in question is registered.

(4) Where a court officer registers an order as required by section 27C(7) or 32(3) of the 1972 Act, the court officer will send written notice to the Lord Chancellor that the order has been registered.

(5) Where a court officer is required by section 32(6) of the 1972 Act to give notice of the registration of an order, the court officer will do this by sending written notice to the officer specified in that subsection that the order has been registered.

(1) Where payments are made to the family court by virtue of section 27C or 34A of the 1972 Act, the court officer will send those payments by post to such person or authority as the Lord Chancellor may from time to time direct.

(2) Subject to paragraph (3), if it appears to a court officer that any sums payable under a registered order are in arrears, the officer may proceed in the officer’s own name for the recovery of those sums.

(3) Where it appears to the officer that sums payable under the order are in arrears to an amount equal –

the officer will proceed in the officer’s own name for the recovery of those sums, unless it appears to the officer that it is unreasonable in the circumstances to do so.

(1) This rule applies where the family court exercises its duties or power sunder section 27C or 34A of the 1972 Act.

(2) Where the court orders that payments under the order are to be made by a particular means –

(3) Paragraph (4) applies where the court orders that payments be made to the court by a method of payment falling within section 1(5) of the Maintenance Enforcement Act 1991.

(4) The court officer will notify the person liable to make the payments under the order of sufficient details of the account into which the payments should be made to enable payments to be made into that account.

(1) This rule applies in relation to an application under section 34 of the 1972 Act for the variation or revocation of a registered order.

(2) An application which is made directly to the registering court must be filed in the form referred to in Practice Direction 5A.

(3) Where the court receives an application, either filed in accordance with paragraph (2) or sent from the Lord Chancellor under section 34(3) of the 1972 Act –

(1) This rule applies in relation to an application under section 35 of the 1972 Act for the variation or revocation of a registered order.

(2) Notice under section 35(3)(b) of the 1972 Act of the time and place appointed for the hearing of the application will be in the form specified in Practice Direction 34D.

(3) The court officer will send the notice by post to the Lord Chancellor for onward transmission to the appropriate authority in the convention country in which the respondent is residing.

(4) The time appointed for the hearing of the application will not be less than six weeks later than the date on which the notice is sent to the Lord Chancellor.

(1) This rule applies where the family court receives from the Lord Chancellor a request under section 38(1) of the 1972 Act (taking evidence at the request of a court in a convention country) to take the evidence of any person.

(2) Subject to paragraph (3) –

(3) Where the request referred to in section 38(2) of the 1972 Act includes a request that the evidence be taken in a particular manner, the court by which the evidence is taken will, so far as circumstances permit, comply with that request.

(1) This rule applies where an officer of the court receives from the Lord Chancellor a request under section 38(1) of the 1972 Act to take the evidence of any person.

(2) Subject to paragraph (3) –

(3) Where the request referred to in section 38(1) of the 1972 Act includes a request that the evidence be taken in a particular manner, the justices’ legal adviser or other officer by whom the evidence is taken will, so far as circumstances permit, comply with that request.

(4) For the purposes of this rule, the justices’ legal adviser or other officer has the same power to administer oaths as a single justice of the peace.

Any document mentioned in rule 34.28ZK(2)(c) or rule 34.28ZL(2)(c) will be sent to the Lord Chancellor for onward transmission to the appropriate authority in the convention country in which the request referred to in section 38(1) of the 1972 Act originated.