PRACTICE DIRECTION 31A – REGISTRATION OF ORDERS UNDER THE 1996 HAGUE CONVENTION
See also Part 31
PRACTICE DIRECTION 31A – REGISTRATION OF ORDERS UNDER THE 1996 HAGUE CONVENTION
| Title | Number |
|---|---|
| Form of application | Para. 1.1 |
| Evidence in support of all applications for registration, recognition or non-recognition | Para. 2.1 |
| Evidence required in support of an application for registration, recognition or non-recognition of a judgment under the 1996 Hague Convention | Para. 4.1 |
Form of application
1.1
An application under rule 31.4 must be made using the Part 19 procedure, except that the provisions of rules 31.8 to 31.14 and of this Practice Direction shall apply in place of rules 19.4 to 19.9.
1.2
Where the application is for recognition only of an order, it should be made clear that the application does not extend to registration for enforcement.
Evidence in support of all applications for registration, recognition or non-recognition
2.1
Omitted
2.2
All applications to which rule 31.4(2) applies must be supported by a statement that is sworn to be true or an affidavit, exhibiting the judgment, or a verified, certified or otherwise duly authenticated copy of the judgment. In the case of an application under the 1996 Hague Convention, a translation of the judgment should be supplied.
2.3
Where any other document required by this Practice Direction or by direction of the court under rule 31.5 is not in English, the applicant must supply a translation of that document into English certified by a notary public or a person qualified for the purpose, or accompanied by witness statement or affidavit confirming that the translation is accurate.
Evidence required in support of an application for registration, recognition or non-recognition of a judgment under the 1996 Hague Convention
4.1
An application for an order for a judgment to be registered under Article 26 or not recognised under Article 24 of the 1996 Hague Convention must be accompanied by a witness statement or affidavit exhibiting the following documents and giving the information required by 4.2, 4.3 or 4.4 below as appropriate.
4.2
In the case of an application for registration –
(a) those documents necessary to show that the judgment is enforceable according to the law of the Contracting State in which it was given;
(b) 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) where the judgment was given in a case of urgency, a statement as to the circumstances of the urgency that led to the child not having the opportunity to be heard;
(d) details of any measures taken in the 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;
(e) in as far as not apparent from the copy of the judgment provided, a statement of the grounds on which the authority which gave the judgment based its jurisdiction, together with any documentary evidence in support of that statement;
(f) where appropriate, a statement regarding 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, together with evidence of that consent; and
(g) the information referred to at 3.2 (c) to (e) above.
4.3
In the case of an application for an order that a judgment should not be recognised –
(a) a statement of the ground or grounds under Article 23 of the 1996 Hague Convention on which it is requested that the judgment be not recognised, the reasons why the applicant asserts that such ground or grounds is or are made out, and any documentary evidence on which the Applicant relies; and
(b) an address within the jurisdiction of the court for service of process on the applicant and stating, in 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 judgment was given.
4.4
Where is it sought to apply for recognition only of a judgment under the 1996 Hague Convention, the provisions of paragraph 4.2 apply with the exception that the applicant is not required to produce the document referred to in subparagraph 4.2 (a).
Evidence in support of application for a certified copy of a judgment
6.6
An application for a certified copy of a judgment for the purposes of recognition and enforcement of the judgment under the 1996 Hague Convention must –
(a) provide a statement of the grounds on which the court based its jurisdiction to make the orders in question;
(b) indicate 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
(c) indicate which persons were provided with notice of the proceedings and, where such persons were served with the proceedings, attach evidence of such service.
