Child Custody
(Jurisdiction) Rules 2005
Made 19th December 2005
Coming into force 1st
January 2006
THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 25 of
the Child Custody (Jurisdiction) (Jersey) Law 2005[1], has made the following
Rules –
1 Interpretation
In these Rules –
“appropriate court”
means –
(a) in
relation to England and Wales, the High Court of Justice in England and Wales;
(b) in
relation to Scotland, the Court of Session;
(c) in
relation to Northern Ireland, Her Majesty’s High Court of Justice in
Northern Ireland;
“appropriate officer”
means –
(a) in
relation to England and Wales, the secretary of the principal registry of the
Family Division of the High Court of Justice in England and Wales;
(b) in
relation to Scotland, the Deputy Principal Clerk of Session;
(c) in
relation to Northern Ireland, the Master (Care and Protection) of Her
Majesty’s High Court of Justice in Northern Ireland;
“British jurisdiction”
means England and Wales, Scotland or Northern Ireland;
“Court” includes the
Greffier;
“Law” means the
Child Custody (Jurisdiction) (Jersey) Law 2005[2]; and
“registration” means
registration under the Law and “register”
and “registered” shall be
construed accordingly (except in relation to the registration of a Jersey order
under Part I of the Family Law Act 1986 of the United Kingdom).
2 Application
to register a Jersey order
(1) An
application under Article 16 of the Law for the registration of a Jersey order
shall be made by lodging with the Greffier a certified copy of the order,
together with a copy of any order which has varied any of the terms of the
original order and an affidavit by the applicant in support of the application,
with a copy thereof.
(2) The
affidavit must state –
(a) the
name and address of the applicant and the applicant’s interest under the
order;
(b) the
name and date of birth of the child in respect of whom the order was made, the
child’s whereabouts or suspected whereabouts and the name of any person
with whom the child is alleged to be;
(c) the
name and address of any other person who is known to the applicant to have an
interest under the order and whether it has been served on that person;
(d) in
which jurisdiction or jurisdictions the order is to be registered;
(e) that,
to the best of the applicant’s information and belief, the order is in
force;
(f) whether,
and if so where, the order is already registered; and
(g) details
of any order known to the applicant which affects the child and is in force in
the jurisdiction in which the order is to be registered.
(3) If
the order is to be registered in more than one jurisdiction, there must be
lodged, for each additional jurisdiction, one additional copy each of the
order, any varying order and the affidavit.
(4) There
must be exhibited to the affidavit any document relevant to the application.
(5) Where
the documents referred to in paragraphs (1) to (4) are to be sent to the
appropriate court the Greffier shall –
(a) retain
the original affidavit and send the copy of the affidavit and the other
documents to the appropriate officer, indicating, if the order relates to more
than one child, with respect to which child or children it is to be registered;
and
(b) by
act record the fact of transmission.
(6) On
receipt of notice of the registration of a Jersey order in the appropriate
court the Greffier shall by act record the fact of registration.
(7) If
it appears to the Greffier that the Jersey order is no longer in force with
respect to the child or more than one child, or that the child or more than one
child has attained the age of 16, the Greffier shall refuse to send the
documents to the appropriate court, or shall indicate thereon with respect to
which child or children the order is not to be registered, and shall within 14
days of such refusal or indication give notice of it, and the reason for it, to
the applicant.
(8) If
the Greffier refuses to send the documents to the appropriate court, the
applicant may apply to the Bailiff in chambers for an order that the documents
be sent to the appropriate court or that they be sent with respect to a
particular child or children.
3 Registration
of United Kingdom orders
On receipt of a certified copy for registration of a Part I order
made in a British jurisdiction, the Greffier shall –
(a) register
the order in the register by entering particulars of –
(i) the
name and address of the applicant and the applicant’s interest under the
order;
(ii) the
name and whereabouts or suspected whereabouts of the child, the child’s
date of birth and the date on which the child will attain the age of 16; and
(iii) the
terms of the order, its date and the court which made it;
(b) file
the certified copy and accompanying documents in the Greffe; and
(c) give
notice to the court which sent the certified copy and to the applicant for
registration that the order has been registered.
4 Revocation
and variation of Jersey order
(1) Where
a Jersey order which is registered in the appropriate court is revoked or
varied by the Court, the Greffier shall –
(a) send
a copy of the subsequent order to the appropriate officer; and
(b) by
act of Court record the fact of transmission; and
(c) retain
the subsequent order.
(2) On
receipt from the appropriate court of any amendment of its register, the Greffier
shall by act record the fact of amendment.
5 Registration
of revoked, recalled or varied Part I order
(1) On
receipt of a certified copy of an order made in a British jurisdiction which
revokes, recalls or varies a registered order, the Greffier shall enter
particulars of the revocation, recall or variation, as the case may be, in the
register, and give notice of the entry to –
(a) the
court which sent the certified copy;
(b) if
different, the court which made the order;
(c) the
applicant for registration; and
(d) if
different, the applicant for the revocation, recall or variation of the order.
(2) An
application for cancellation of registration under Article 12(2) of the Law
must be made by summons.
(3) If
the applicant for the order is not the applicant under Article 12(2) of the
Law, he or she must be made a defendant to the application.
(4) If
the Court cancels a registration of its own motion or on an application under
paragraph (2), the Greffier shall amend the register accordingly and shall give
notice of the amendment to the court which made the order.
6 Interim
directions
(1) An
application for interim directions under Article 13(2) of the Law must be made
by summons.
(2) The
parties to the proceedings for enforcement and, if he or she is not a party
thereto, the applicant for the Part I order, must be made parties to the
application.
7 Staying
and dismissal of enforcement proceedings
(1) An
application under Article 14 or 15 of the Law must be made by summons.
(2) The
parties to the proceedings for enforcement which are sought to be stayed and,
if he or she is not a party thereto, the applicant for the Part I order, must
be made parties to an application under either of those Articles.
(3) If
the Court makes an order under Article 14(2) or (3) or Article 15(2) of the
Law, the Greffier shall amend the register accordingly and shall give notice of
the amendment to the court which made the Part I order and to the applicants
for registration, for enforcement and for the stay or dismissal of the proceedings
for enforcement.
8 Particulars
of other proceedings
A party to proceedings for or relating to a Jersey order or a Part I
order who knows of other proceedings (including proceedings out of the
jurisdiction and concluded proceedings) which relate to the child concerned
must file an affidavit stating –
(a) in
which jurisdiction and court the other proceedings were instituted;
(b) the
nature and current state of such proceedings and the relief claimed or sought;
(c) the
names of the parties to the proceedings and their relationship to the child;
and
(d) if
applicable and if known, the reasons why the relief claimed in the proceedings
for or relating to the order was not claimed in the other proceedings.
9 Inspection
of register
Any of the following persons –
(a) the
applicant for registration of a registered order;
(b) any
person who satisfies the Greffier that he or she has an interest under the
order; and
(c) any
person who obtains the leave of the Greffier,
may inspect any entry in the register relating to the order and may
bespeak copies of the order and of any document relating thereto.
10 Tracing
and recovery of children
An application under Article 17 or Article 18 of the Law may be made
ex parte to the Bailiff and, if made under
Article 18 of the Law, must be supported by an affidavit unless the Bailiff
orders otherwise.
11 Citation
and commencement
These Rules may be cited as the Child Custody (Jurisdiction) Rules
2005 and shall come into force on 1st January 2006.
V.J. OBBARD
Registrar, Family Division.