Child Custody
(Jurisdiction) Rules 2005
1 Interpretation[1]
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, His 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 His
Majesty’s High Court of Justice in Northern Ireland;
“British jurisdiction” means England and Wales, Scotland
or Northern Ireland;
“Court” includes a Family Judge and the Greffier;
“Law” means the Child Custody (Jurisdiction) (Jersey)
Law 2005; 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
These Rules may be cited as the Child Custody (Jurisdiction)
Rules 2005.