Who must report a declaration of disappearance to the family relations register, and which papers must be attached to that report?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the certified copy of the judgment declaring the person missing and the certificate of finality, since the provision requires both to be attached to the report, and we check the report itself to see who lodged it and on what date.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that the duty to report falls on the person who petitioned for the declaration, that the report must be filed within the period the provision sets, counted from the date the judgment became final, and that a certified copy of the judgment and a certificate of finality must be attached to it.
Another reading notes that the provision fixes the papers proving finality, yet says nothing about what follows if the period lapses, if the report is lodged by someone other than the applicant, or what the certified copy of the judgment itself must show about the declaration, so those points are left open.
Your judgment
If the report was lodged after the period the provision sets, what in the file would account for the delay and its effect on the register?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who must report, the period set, or the papers to be attached, or if guidance issued as the provision takes effect explains how a late report is handled.