S.L. 12.9 Art. 19Proceedings and registration of decisionsunder the Act. Cap. 410. Cap. 410. Cap. 410.

(1) The provisions of this rule and of Parts I and II of the Act incorporating into Maltese Law the Convention on the Civil

Aspects of International Child Abduction which was signed at The

Hague on the 25th October 1980 and the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on the Restoration of Custody of Children which was signed in Luxembourg on 20th May, 1981, shall continue to apply to those state parties to the said Convention and to those European Union Member States who are not participating and bound by the provisions of Council Regulation (EC) No 2201/2003 aforesaid.

(2) Proceedings under article 6 of the Act, before the Civil Court (Family Section) or the Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Section), as the case may be, may be instituted by application.

(3) For the purposes of article 6 of the Act, the application shall state the facts clearly and concisely and shall be accompanied by a duly authenticated copy of the decision or determination where available or other documentation which the central authority may deem proper, delivered in another Contracting State other than Malta of the Convention on the Civil Aspects of International Child Abduction, which was signed at the Hague on the 25th October, 1980.

(4) In any application filed in the Court of Appeal, the application shall state clearly and concisely the circumstances out of which the appeal arises, the reasons of appeal and the prayer for the reversal or a specific variation of the decision appealed from.

(5) Default of compliance in the application with the requirements of sub-rules (3) and (4) shall not render the application null; but the court may, in any such case, order the applicant to file, within such time as the court shall fix, a note containing the particulars required, and the costs of such order shall be borne by the applicant.

(6) The Civil Court (Family Section) or the Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Section), as the case may be, shall set the case for hearing within four working days from the day when the application is filed in court.

(7) The application shall be served on the respondent without delay.

(8) Once a case has been set down for hearing, the court seized of the matter shall ensure that the hearing of the case shall be expeditious, and the hearing of the case shall continue to be heard on consecutive days, and where this is not possible on dates close to one another. The court shall subsequently give its decision without any delay.

(9) Any application for appeal shall be made within eight working days from the date of the delivery of the decision and the respondent may file a written reply within eight working days from the date of service or within such shorter period as the court may determine.

(10) The Court of Appeal shall fix a date for hearing within eight working days from the date of the filing of the application, or from the filing of a reply by the respondent within the time limit therefor, or if no such reply is filed from the expiry of such time.

(11) The Court of Appeal shall give a final decision without any delay.