European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations, 2001
Statutory Instrument No. | 472/2001 |
Date | 23 October 2001 |
I, John O'Donoghue, 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 the purpose of giving full effect to Council Regulation (EC) No. 1347/00 of 29 May 20001 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses, make the following regulations: |
1. These Regulations may be cited as the European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations, 2001. |
2. In these Regulations - |
“Council Regulation” means Council Regulation (EC) No. 1347/00 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses; |
“judgment” means a judgment within the meaning of Article 13 of that Regulation; |
and subsequent references to numbered Articles are references to the Articles so numbered of the Council Regulation. |
3. (1) The following provisions shall not have effect in relation to proceedings to which the Council Regulation (other than Article 8 (residual jurisdiction)) applies: |
Section 5 (recognition of foreign divorces) of the Domicile and Recognition of Foreign Divorces Act, 1986 (No. 24 of 1986), |
Section 31(4) (jurisdiction in relation to judicial separation) of the Judicial Separation and Family Law Reform Act, 1989 (No. 6 of 1989), |
Section 29 (declarations as to marital status) and 39(1) (jurisdiction in relation to nullity) of the Family Law Act, 1995 (No. 26 of 1995), |
Section 39(1) (jurisdiction in relation to divorce) of the Family Law (Divorce) Act, 1996 (No. 33 of 1996). |
4. (1) An application - |
(a) under Article 14(3) for a decision that a judgment be or not be recognised, or |
(b) under Article 22(1) for a decision of enforceability of a judgment, |
shall be made to the Master of the High Court and shall be determined by the Master by order in accordance with the Council Regulation. |
(2) An order made by the Master under paragraph (1) of this Regulation may provide for the recognition or enforcement of only part of a judgment. |
5. An order under Regulation 4 providing for a declaration of enforceability of a judgment on a matter relating to parental responsibility over a child of both spouses shall be of the same force and effect for all purposes as if it were... |
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