STATUTORY INSTRUMENT

S.I. No. 472 of 2001

EUROPEAN COMMUNITIES (JUDGMENTS IN MATRIMONIAL MATTERS AND MATTERS OF PARENTAL RESPONSIBILITY) REGULATIONS, 2001

Published by the Stationery Office, Dublin

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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 an order of the District Court.

EXPLANATORY NOTE

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

This Regulation sets out the effect on domestic legislation of 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 (Brussels II Regulation) and makes the necessary provisions for the good administration of the Regulation.

¹ O.J. L160 of 30.6.2000