S.I. No. 143/2006 - Circuit Court Rules (Jurisdiction in Matrimonial Matters and Matters of Parental Responsibility) 2006

STATUTORY INSTRUMENTS

S.I. No. 143 of 2006

Circuit Court Rules (Jurisdiction in Matrimonial Matters and Matters of Parental Responsibility) 2006

S.I. No. 143 of 2006

CIRCUIT COURT RULES (JURISDICTION IN MATRIMONIAL MATTERS AND MATTERS OF PARENTAL RESPONSIBILITY), 2006

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, make the annexed Rules of Court.

Dated this 8^th day of March, 2006.

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

Dated this 30^th day of March, 2006.

Signed: Michael McDowell

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No. 143 of 2006

CIRCUIT COURT RULES (JURISDICTION IN MATRIMONIAL MATTERS AND MATTERS OF PARENTAL RESPONSIBILITY) 2006

1.  These Rules, which may be cited as the Circuit Court Rules (Jurisdiction in Matrimonial Matters and Matters of Parental Responsibility) 2006 shall come into operation on the 27^th day of April 2006.

2.  These Rules shall be construed together with the Circuit Court Rules 2001 to 2006.

3.  The Circuit Court Rules are hereby amended by substituting the following for Order 14A:

“ORDER 14A

1.   For the purpose of this Order:

(i)               “Regulation 2201/2003” means the Council Regulation (EC) No. 2201/2003 of 27 November 2003 OJ L 338/1;

(ii)              “Domicile” is to be determined in accordance with the provisions of Article 3(2) of Regulation 2201/2003;

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

2.   The provisions of this Order apply to proceedings governed by Article 1 of Council Regulation (EC) No. 2201/2003 and, so far as practicable and applicable, to any Order, Motion or Notice in such proceedings.

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 2201/2003, the Court has power to hear and determine; and

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

4.   Where an originating document or notice of an originating document is to be served out of the jurisdiction under Rule 3 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 originating 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.

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 2201/2003 shall apply.

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.

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.

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 5A of the Schedule of Forms annexed hereto.

9.   To the extent that any rules contained in any other Order of these Rules are inconsistent with the provisions of Regulation 2201/2003 or of this Order providing for rules of court in respect of Regulation 2201/2003, the provisions of Regulation 2201/2003 and of this Order shall prevail.”

4.  The Form in the Schedule hereto shall be inserted in the Schedule of Forms to the Circuit Court Rules 2001 to 2006 immediately following Form 5.

SCHEDULE

FORM 5A

AN CHUIRT TEAGHLAIGH CHUARDA

THE CIRCUIT FAMILY COURT

IN THE MATTER OF COUNCIL REGULATION (EC) NO 2201/2003 AND IN THE MATTER OF [insert any other applicable legislation]

BETWEEN/

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                           , without prejudice and solely 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. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Council Regulation (EC) No. 1347/2000.

^* delete as appropriate

^* delete as appropriate