http://www.legislation.gov.uk/id/uksi/2019/519/schedule

http://www.legislation.gov.uk/uksi/2019/519/schedule/paragraph/23

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

text

text/xml

EXITING THE EUROPEAN UNION

FAMILY LAW

JUDGMENTS

Statute Law Database

2024-05-16

Expert Participation

2020-12-31

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law (in particular to address reciprocal arrangements which no longer exist and are no longer appropriate) arising from the withdrawal of the UK from the European Union.

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

reg. 8(1)(a)(iii)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(2)(a)(iv)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

reg. 8(1)(c)(iii)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(2)(c)(iii)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para 8(4)(d)-(f)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(c)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para 12(14)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(d)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 23(2)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(i)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 25(3)(b)

(c)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(j)(ii)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 25(8)(a)(ii)

(iii)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(j)(v)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

SCHEDULE Amendment of primary and secondary legislation

PART 1Amendment of primary legislation

Amendment of the Children (Northern Ireland) Order 1995I123

1

Schedule 1 to the Children (Northern Ireland) Order 1995 M1 is amended as follows.

F12

In paragraph 12 (alteration of maintenance agreements)—

a

in sub-paragraph (2A), for the words from “where” to the end substitute “in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18”;

b

in sub-paragraph (2B), for ““the Maintenance Regulation”” to the end substitute ““the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague”.

F22A

In the italic heading before paragraph 16, omit “in relation to matters relating to maintenance”.

3

For paragraph 16 (jurisdiction in relation to matters relating to maintenance) substitute—

F316
1
The court has jurisdiction in relation to an application under paragraph 2 in respect of a child if any of the following persons are habitually resident or domiciled in Northern Ireland on the date of the application—
a
a parent of the child;
b
a guardian of the child;
c
a person in whose favour a residence order is in force with respect to the child;
d
the child.
2
The court has jurisdiction in relation to an application under paragraph 3 if the applicant or a parent against whom the order is sought or made is habitually resident or domiciled in Northern Ireland on the date of the application.