S.I. No. 881/2004 - Circuit Court Rules (Jurisdiction and The Recognition and Enforcement of Judgments in Matrimonial Matters), 2004

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the courts of Justice Act, 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 8th day of September, 2003.

(Signed):   Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Carroll Moran

Elizabeth Dunne

Patrick Hunt

Fergal Foley

Edmund Carroll

Joe Deane

Gerard Doherty

Noel Rubotham

Susan Ryan (Secretary)

I concur in the making of the above Rules of Court.

Dated this 23rd day of December, 2004.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

S.I. No. 881 of 2004.

CIRCUIT COURT RULES (JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN MATRIMONIAL MATTERS), 2004.

1. These Rules, which may be cited as the Circuit Court Rules (Jurisdiction and the recognition and enforcement of Judgments in Matrimonial Matters), 2004, shall come into operation on the day of December, 2004.

2. The Order referred to in these rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 2001, as amended.

ORDER 14A

Rule One

1.   For the purpose of this Order:

(i)   “Resident” is to be determined in accordance with the provisions of Article 2 of Regulation 1347/2000;

(ii)  “Regulation 1347/2000” means the Council Regulation (EC) No. 1347/2000 of 29 May 2000 O.J. L. 160/19;

(iii)  “Domicile” is to be determined in accordance with the provisions of Article 2 of Regulation 1347/2000;

(iv) “a Member State” or “Member State” means a Member State or the Member States of the European Community, with the exception of the Kingdom of Denmark.

Rule Two

2.   The provisions of this Order apply to proceedings governed by Article 1 of Council Regulation (EC) No. 1347/2000 and, so far as practicable and applicable, to any Order, Motion or Notice of such proceedings.

Rule Three

3.   Service of any originating document or notice of an originating document out of the jurisdiction is permissible without leave of the Court, if, but only if, it complies with the following conditions:

(i)   The claim made by the originating document is one which, by virtue of Regulation 1347/2000, the Court has power to hear and determine; and

(ii)  No proceedings between the parties concerning the same cause of action are pending between the parties in another Member State.

Rule Four

4.   Where an originating document or notice of an originating document is to be served out of the jurisdiction under Rule 2 hereof, the time to be inserted in the said originating document or notice of an originating document within which the Respondent served therewith shall enter an Appearance (including an Appearance entered solely to contest jurisdiction) shall be:

(i)   five weeks after the service of the originating document or notice of an originating document, exclusive of the day of service where an originating document or notice of an orginating document is to be served in the European territory of another Member State or

(ii)  six weeks after the service of the originating document or notice of an originating document, exclusive of the day of service where an originating document or notice of an originating document is to be served under Rule 2 in any non-European territory of a Member State.

Rule Five

5.   Where two or more respondents are parties to proceedings to which the provisions of this Order apply, but not every such respondent is domiciled in a Member State, the rules as to jurisdiction in Regulation 1347/2000 shall apply.

Rule Six

6.   Where the respondent is not, or is not known or believed to be a citizen of Ireland, notice of an originating document, and not the originating document itself, shall be served upon him or her.

Rule Seven

7.   Subject to the provisions of this Order, notice in lieu of originating document shall be given in the manner in which originating documents are served.

Rule Eight

8.   Where a Respondent wishes to enter an Appearance to contest jurisdiction of the Court, he or she may do so by entering an Appearance in accordance with the provisions of Form 1 annexed hereto. Every such Appearance shall be headed “IN THE MATTER OF COUNCIL REGULATION NO. 1347/2000”.

Rule Nine

9.   To the extent that any rules contained in any other Order of these Rules are inconsistent with the provisions of Regulation 1347/2000, the provisions of Regulation 1347/2000 or of this Order providing for rules of court in respect of Regulation 1347/2000 shall prevail.

FORM 1

AN CHUIRT TEAGHLAIGH CHUARDA

THE CIRCUIT FAMILY COURT

IM THE MATTER OF COUNCIL REGULATION (EC) NO. 1347/2000 AND IN THE MATTER OF (insert any other applicable legislation).

APPEARANCE

1. To the County Registrar

At

I request you will enter an Appearance herein on behalf of the Respondent to the proceedings served upon him on ................... for the purpose of contesting the jurisdiction of this Honourable Court to hear and determine the within proceedings.

Dated this        day of

Signed: ...................................................

Respondent/Solicitors for the Respondent

2. To the Applicant/Solicitors for the Applicant

The Appearance mentioned above was this day lodged by hand/sent by post and the said Respondent intends to contest the jurisdiction of this Honourable Court to hear and determine the within proceedings.

Dated this          day of

Signed: ...................................................

Respondent/Solicitors for the Respondent

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules prescribe Circuit Court procedures in respect of Council Regulation (EC) No. 1347/2000 of 29 May 2000 (Brussels II Convention on jurisdiction and the recognition and enforcement of Judgments in matrimonial matters).