The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005
Jurisdiction | UK Non-devolved |
Citation | SI 2005/265 |
- “the Council Regulation” means Council Regulation (EC) No 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility;
- (a) a party to the Council Regulation, that is to say, Belgium, Cyprus, Czech Republic, Germany, Greece, Spain, Estonia, France, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Slovakia, Slovenia, Finland, Sweden and the United Kingdom, and
- “(6A) Subsection (6) and Schedule 1, and any power as mentioned in subsection (6) (b) , are subject to Article 19 of the Council Regulation.
- “(3) But—
- (a) those provisions of the Convention,
- (b) this Part of this Act, and
- (c) rules of court under section 10 of this Act, are subject to Article 60 of the Council Regulation (by virtue of which the Regulation takes precedence over the Hague Convention, in so far as it concerns matters governed by the Regulation) .
- “(3) But—
- (a) those provisions of the Convention,
- (b) this Part of this Act, and
- (c) rules of court under section 24 of this Act, are subject to Article 60 of the Council Regulation (by virtue of which the Regulation takes precedence over the European Convention, in so far as it concerns matters governed by the Regulation) .
- “(1) A court in England and Wales shall not make a section 1(1) (a) order with respect to a child unless—
- (a) it has jurisdiction under the Council Regulation, or
- (b) the Council Regulation does not apply but—
- (i) the question of making the order arises in or in connection with matrimonial proceedings and the condition in section 2A of this Act is satisfied, or
- (ii) the condition in section 3 of this Act is satisfied.
- “(3) A court in England and Wales shall not make a section 1(1) (d) order unless—
- (a) it has jurisdiction under the Council Regulation, or
- (b) the Council Regulation does not apply but—
- (i) the condition in section 3 of this Act is satisfied, or
- (ii) the child concerned is present in England and Wales on the relevant date and the court considers that the immediate exercise of its powers is necessary for his protection.
- (c) that it should exercise its powers under Article 15 of the Council Regulation (transfer to a court better placed to hear the case) ,
- “(3A) The court may remove a stay granted under Article 15 of the Council Regulation only in accordance with that Article.
- “(1) A court in Northern Ireland shall not make a section 1(1) (c) order with respect to a child unless—
- (a) it has jurisdiction under the Council Regulation, or
- (b) the Council Regulation does not apply but—
- (i) the question of making the order arises in or in connection with matrimonial proceedings and the condition in section 19A of this Act is satisfied, or
- (ii) the condition in section 20 of this Act is satisfied.
- “(3) A court in Northern Ireland shall not make a section 1(1) (e) order unless—
- (a) it has jurisdiction under the Council Regulation, or
- (b) the Council Regulation does not apply but—
- (i) the condition in section 20 of this Act is satisfied, or
- (ii) the child concerned is present in Northern Ireland on the relevant date and the court considers that the immediate exercise of its powers is necessary for his protection.
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