The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2005

Explanatory Note

(This note is not part of the Order)

These rules amend the Family Proceedings Courts (Children Act 1989) Rules 1991 to give effect to Council Regulation (EC) No 2201/2003 of 27 November 2003 (the new Council Regulation) on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.

The new Council Regulation reproduces and repeals Council Regulation (EC) No 1347/2000 of 29th May 2000 (the previous Council Regulation) extending it to include matters of parental responsibility where there are no matrimonial proceedings.

The amendment to rule 1.2 is to insert a definition of the new Council Regulation and a definition of a “Contracting State”, which gives a list of Member States who have signed up to the new Council Regulation. This is to save cross-reference with other documents when trying to determine if the State in question is one to which the new Council Regulation is relevant. To be consistent with all European documents the list is in alphabetical order in accordance with the spelling of each State’s own spelling of its name.

New rule 21K has been inserted to deal with the procedure required for Article 15 of the new Council Regulation to operate where parties may apply for their case, or part of their case, to be heard in another Member State.

New rule 21L has been inserted to deal with the procedure required for Article 15 of the new Council Regulation to operate where a court of another Member State applies for a case, or part of a case, to be heard in that other Member State.

New rule 21M has been inserted to set out the procedure so that applications for certified copies of judgments or certificates can be made.

New rule 21N is so that an application for a certificate can be made in accordance with Article 41(3).

New Rule 21P allows for a court to rectify an error in a certificate issued under Article 41.