Thursday 2 August 2012

1996 Hague Convention

The UK deposited its instrument of ratification of the 1996 Hague Protection of Children Convention on Monday 30 July. The Convention will therefore be in force for the UK on 1 November 2012.  The MoJ proposes to make an announcement for entry into force. For further information go to http://www.4pb.com/media/publications/Seminar_Notes/Hague_Seminar_Final_Draft.pdf

Applying to register a BIIR order and obtaining Annex Certificates

There has been some debate about the correct forms to use to make an application to register and enforce an order supported by an Annex II certificate. This arises from the reference to use of the FPR Pt 19 procedure. However the combined effect of PD31A para 1.1, FPR r.19.1(2)(a) and PD5A makes clear it should be done using Form C69.
As an aside when applying for a Certificate to support an English order although FPR 31.18 talks of the 'form' to be used, the PD does not specify one but only refers to a statement or affidavit.
There are standard forms now for the Annex Certificates Annex I (D180), Annex II (C60), Annex III (C61), Annex IV (C62)