S.I. No. 112/2005 - European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations, 2005

STATUTORY INSTRUMENTS.

S.I. No. 112 of 2005 .

EUROPEAN COMMUNITIES (JUDGMENTS IN MATRIMONIAL MATTERS AND MATTERS OF PARENTAL RESPONSIBILITY) REGULATIONS, 2005.

S.I. No. 112 of 2005 .

EUROPEAN COMMUNITIES (JUDGMENTS IN MATRIMONIAL MATTERS AND MATTERS OF PARENTAL RESPONSIBILITY) REGULATIONS 2005.

I, MICHAEL McDOWELL, Minister for Justice Equality and Law Reform, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ) and for purpose of giving further effect to Council Regulation (EC) No. 2201/2003 of 27 November 2003¹ , hereby make the following regulations:

Citation and commencement.

1. (1) These Regulations may be cited as the European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005.

(2) These Regulations come into operation on 1 March 2005.

Interpretation.

2. (1) In these Regulations, unless the context otherwise requires, “Council Regulation” means Council Regulation (EC) No. 2201/2003 of 27 November 2003.

(2) A word or expression that is used in these Regulations and is also used in the Council Regulation has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Regulation.

(3) In these Regulations—

(a) a reference to a Regulation is a reference to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended, and

(b) a reference to an Article or Chapter is a reference to an Article or Chapter of the Council Regulation unless it is indicated that reference to some other Council Regulation is intended.

Central authority.

3. The Minister for Justice, Equality and Law Reform is designated as the central authority for the State for the purposes of the Council Regulation.

Certain applications under Council Regulation.

4. An application—

(a) under Section 1 of Chapter III for a decision that a judgment be or not be recognised, or

(b) under Section 2 of Chapter III for a declaration of enforceability of a judgment,

shall be made to the High Court.

Effect of declaration of enforceability.

5. (1) A declaration of enforceability granted pursuant to Section 2 of Chapter III of a judgment on the exercise of parental responsibility in respect of a child shall be of the same force and effect for all purposes as if it were an order of the District Court.

(2)  In this Regulation “exercise of parental responsibility in respect of a child” does not, as regards any matter, include a matter relating to child abduction.

Authentication of documents.

6. (1) For the purposes of the Council Regulation a document that is duly authenticated and purports to be a copy of a judgment or a certificate in accordance with Annex I, II, III or IV to the Council Regulation shall without further proof be deemed to be such a copy unless the contrary is shown.

(2)  A document purporting to be a copy of a judgment shall be regarded for those purposes as being duly authenticated if it purports—

(a) to bear the seal or stamp of the court or authority concerned, or

(b) to be certified by a judge, or an official having powers equivalent to those of a judge, to be a true copy of the judgment.

(3) A document that—

(a) purports to be a translation of—

(i) a judgment given by a court of a Member State, or

(ii) a certificate within the meaning of Article 39 41(1) or 42(1),

and

(b) is certified as correct by a person qualified to do so in a Member State,

shall be admissible as evidence of the document of which it purports to be a translation.

Non-applicability of certain statutory provisions.

7. The following provisions shall not have effect in relation to proceedings to which the Council Regulation (other than Article 7) applies:

(a) section 5 of the Domicile and Recognition of Foreign Divorces Act 1986 ;

(b) section 31(4) of the Judicial Separation and Family Law Reform Act 1989 ;

(c) sections 29 and 39(1) of the Family Law Act 1995 ;

(d) section 39(1) of the Family Law (Divorce) Act 1996 .

Amendment of Child Abduction and Enforcement of Custody Orders Act 1991.

8. The Child Abduction and Enforcement of Custody Orders Act 1991 is amended—

(a) in section 2—

(i) by substituting “(1) In this Act—” for “In this Act—”;

(ii) by inserting the following definition after the definition of “child”:

“‘Council Regulation’ means Council Regulation (EC) No. 2201/2003 of 27 November 2003;”;

(iii) by inserting the following subsection:

“(2) References in this Act to the Hague Convention shall, where the context requires in relation to applications under the Hague Convention to which the Council Regulation relates, be deemed to include references to the Council Regulation.”,

(b) in section 6 by substituting “the Council Regulation and this Part” for “this Part”,

(c) in section 7 by substituting for subsection (2) the following:

“(2) For the purposes of such applications—

(a) references to ‘judicial or administrative authority’ in the Hague Convention and

(b) references to ‘competent authorities in a Member State’ and to ‘court’ in Article 11 of the Council Regulation,

shall be construed as references to the Court unless the context otherwise requires.”, and

(d) in section 15 by substituting for subsection (1) the following:

“(1)  The Court may, on an application made for the purposes of Article 15 of the Hague Convention by any person appearing to the Court to have an interest in the matter, make a declaration that the removal of any child from or his retention outside, the State was—

(a) in the case of a removal to or retention in a Member State, a wrongful removal or retention within the meaning of Article 2 of the Council Regulation, or

(b) in any other case, wrongful within the meaning of Article 3 of the Hague Convention.”.

Amendment of section 25 of Courts and Court Officers Act 1995.

9. Section 25(2) of the Courts and Court Officers Act 1995 is amended by substituting the following for paragraphs (g) and (h):

“(g) any cause or matter concerning a Ward of Court save an application under Council Regulation (EC) No. 2201/2003 of 27 November 2003;

(h) matters relating to custody of children, save an application under that Council Regulation;”.

Amendment of Protection of Children (Hague Convention Act 2000.

10. The Protection of Children (Hague Convention) Act 2000 is amended—

(a) in section 1 by inserting after the definition of “the Convention” the following definition:

“‘Council Regulation’ means Council Regulation (EC) No. 2201/2003 of 27 November 2003;”, and

(b) in section 2 by substituting “the Council Regulation and this Act” for “this Act”.

Revocation.

11. The European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility Regulations 2001 ( S.I. No. 472 of 2001 ) are revoked.

EXPLANATORY NOTE.

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

These Regulations set out the effect on domestic legislation of ‘Council Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000’ and make necessary provision for the good administration of Council Regulation 2201/03 (Brussels II bis).

Provisions in relation to matrimonial matters in Council Regulation (EC) No. 1347/2000 (Brussles II), which applied in the State since 1 March, 2001, are re-stated in Council Regulation 2201/03 so that the provisions in relation to both matrimonial matters and parental responsibility are in the one Instrument. These Regulations revoke the European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations, 2001 ( S.I. No. 472 of 2001 ) which related to Council Regulation 1347/2000 and re-state the provisions in that Statutory Instrument which are still relevant.

¹ O.J. No. L338, 23.12.2003, p. 1.