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Statutory Instruments

2019 No. 836

Exiting The European Union, England And Wales

Exiting The European Union, Northern Ireland

Family Law, England And Wales

Family Law, Northern Ireland

Judgments, England And Wales

Judgments, Northern Ireland

The Jurisdiction and Judgments (Family) (Amendment etc. ) (EU Exit) (No. 2) Regulations 2019

Made

28th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018( 1 ).

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1. —(1) These Regulations may be cited as the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 and come into force immediately before exit day.

(2) These Regulations extend to the United Kingdom.

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

2. —(1)The Schedule to the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019( 2 ) is amended as follows.

(2) In paragraph 17 (amendment of the Children Act 1989)

(a) after sub-paragraph (2), insert—

(2A) In the italic heading before paragraph 14, omit “in relation to matters relating to maintenance”. ;

(b) in sub-paragraph (3), for the substituted paragraph 14, substitute—

14. —(1) The court has jurisdiction in relation to an application under paragraph 1 in respect of a child if any of the following persons are habitually resident or domiciled in England and Wales on the date of the application—

(a) a parent of the child;

(b) a guardian or special guardian of the child;

(c) a person who is named in a child arrangements order as a person with whom the child is to live;

(d) the child.

(2) The court has jurisdiction in relation to an application under paragraph 2 if the applicant or a parent against whom the order is sought or made is habitually resident or domiciled in England and Wales on the date of the application. .

(3) In paragraph 23 (amendment of the Children (Northern Ireland) Order 1995)—

(a) after sub-paragraph (2), insert—

(2A) In the italic heading before paragraph 16, omit “in relation to matters relating to maintenance”. ;

(b) in sub-paragraph (3), for the substituted paragraph 16, substitute—

16. —(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. .

Lucy Frazer

Parliamentary Under Secretary of State

Ministry of Justice

28th March 2019

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Jurisdiction and Judgments (Family) (Amendmentetc.) (EU Exit) (No. 2) Regulations 2019 (2019/836)

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