Circuit Court Rules (Jurisdiction and The Recognition and Enforcement of Judgments in Matrimonial Matters), 2004
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Rules, which may be cited as the Circuit Court Rules (Jurisdiction and the recognition and enforcement of Judgments in Matrimonial Matters), 2004, shall come into operation on the day of December, 2004.
num: 2
paragraphs: The Order referred to in these rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 2001, as amended.
ORDER 14A
Rule One
num: 1
paragraphs: For the purpose of this Order:
(i) “Resident” is to be determined in accordance with the provisions of Article 2 of Regulation 1347/2000;
(ii) “Regulation 1347/2000” means the Council Regulation (EC) No. 1347/2000 of 29 May 2000 O.J. L. 160/19;
(iii) “Domicile” is to be determined in accordance with the provisions of Article 2 of Regulation 1347/2000;
(iv) “a Member State” or “Member State” means a Member State or the Member States of the European Community, with the exception of the Kingdom of Denmark.
Rule Two
num: 2
paragraphs: The provisions of this Order apply to proceedings governed by Article 1 of Council Regulation (EC) No. 1347/2000 and, so far as practicable and applicable, to any Order, Motion or Notice of such proceedings.
Rule Three
num: 3
paragraphs: Service of any originating document or notice of an originating document out of the jurisdiction is permissible without leave of the Court, if, but only if, it complies with the following conditions:
(i) The claim made by the originating document is one which, by virtue of Regulation 1347/2000, the Court has power to hear and determine; and
(ii) No proceedings between the parties concerning the same cause of action are pending between the parties in another Member State.
Rule Four
num: 4
paragraphs: Where an originating document or notice of an originating document is to be served out of the jurisdiction under Rule 2 hereof, the time to be inserted in the said originating document or notice of an originating document within which the Respondent served therewith shall enter an Appearance (including an Appearance entered solely to contest jurisdiction) shall be:
(i) five weeks after the service of the originating document or notice of an originating document, exclusive of the day of service where an originating document or notice of an orginating document is to be served in the European territory of another Member State or
(ii) six weeks after the service of the originating document or notice of an originating document, exclusive of the day of service where an originating document or notice of an originating document is to be served under Rule 2 in any non-European territory of a Member State.
Rule Five
num: 5
paragraphs: Where two or more respondents are parties to proceedings to which the provisions of this Order apply, but not every such respondent is domiciled in a Member State, the rules as to jurisdiction in Regulation 1347/2000 shall apply.
Rule Six
num: 6
paragraphs: Where the respondent is not, or is not known or believed to be a citizen of Ireland, notice of an originating document, and not the originating document itself, shall be served upon him or her.
Rule Seven
num: 7
paragraphs: Subject to the provisions of this Order, notice in lieu of originating document shall be given in the manner in which originating documents are served.
Rule Eight
num: 8
paragraphs: Where a Respondent wishes to enter an Appearance to contest jurisdiction of the Court, he or she may do so by entering an Appearance in accordance with the provisions of Form 1 annexed hereto. Every such Appearance shall be headed “IN THE MATTER OF COUNCIL REGULATION NO. 1347/2000”.
Rule Nine
num: 9
paragraphs: To the extent that any rules contained in any other Order of these Rules are inconsistent with the provisions of Regulation 1347/2000, the provisions of Regulation 1347/2000 or of this Order providing for rules of court in respect of Regulation 1347/2000 shall prevail.
FORM 1
AN CHUIRT TEAGHLAIGH CHUARDA
THE CIRCUIT FAMILY COURT
CIRCUIT
COUNTY OF
IM THE MATTER OF COUNCIL REGULATION (EC) NO. 1347/2000 AND IN THE MATTER OF (insert any other applicable legislation).
BETWEEN
A.B.
APPLICANT
AND
C.D.
RESPONDENT
APPEARANCE
num: 1
paragraphs: To the County Registrar
At
I request you will enter an Appearance herein on behalf of the Respondent to the proceedings served upon him on ................... for the purpose of contesting the jurisdiction of this Honourable Court to hear and determine the within proceedings.
Dated this day of
Signed: ...................................................
Respondent/Solicitors for the Respondent
num: 2
paragraphs: To the Applicant/Solicitors for the Applicant
The Appearance mentioned above was this day lodged by hand/sent by post and the said Respondent intends to contest the jurisdiction of this Honourable Court to hear and determine the within proceedings.
Dated this day of
Signed: ...................................................
Respondent/Solicitors for the Respondent
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Rules prescribe Circuit Court procedures in respect of Council Regulation (EC) No. 1347/2000 of 29 May 2000 (Brussels II Convention on jurisdiction and the recognition and enforcement of Judgments in matrimonial matters).