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The Family Procedure (Amendment) (No.2) Rules 2012 come into force on 1st July 2012.
These rules amend rule 31.17 of the Family Procedure Rules 2010 to give 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 ensures 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 under Council Regulation (EC) No 2201/2003 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.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...