Article 13 Amendments to theMagistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

After rule 15, insert—

“Questions as to the court’s jurisdiction or whether the proceedings should be stayed

16.

(1)

This rule applies to applications for maintenance where a question as to jurisdiction arises under—

(a)

the 1968 Convention;

(b)

the 1988 Convention;

(c)

the Lugano Convention; or

(d)

the Maintenance Regulation.

(2)

If at any time after the issue of the application it appears to the court that it does not have or may not have jurisdiction to hear an application, or that under the instruments referred to in paragraph (1) it is or may be required to stay the proceedings or to decline jurisdiction, the court must—

(a)

stay the proceedings; and

(b)

fix a date for a hearing to determine jurisdiction or whether there should be a stay or other order.

(3)

The clerk of petty sessions will service notice of the hearing referred to at paragraph 2(b) on the parties to the proceedings.

(4)

The court must, in writing —

(a)

give reasons for its decision under paragraph (2); and

(b)

where it makes a finding of fact, state such a finding.

(5)

The court may with the consent of all the parties deal with any questions as to the jurisdiction of the court, or as to whether the proceedings should be stayed, without a hearing.

Court to which complaint for the enforcement of a maintenance decision given in a Member State of the European Union bound by the Hague Protocol

17.

(1)

A complaint for the enforcement of a decision given in a Member State of the European Union bound by the Hague Protocol shall be heard by the court of summary jurisdiction for the jurisdiction in which—

(a)

the person against whom enforcement is sought is resident,

(b)

that person has assets to which the Maintenance and Affiliation Orders Act (Northern Ireland) 1966^f1 applies, or

(c)

any other matter relating to enforcement arises.

(2)

Where—

(a)

the complainant is the person in whose favour the order was made or, if that person is a child, is the child or the person with whom the child has his or her home,

(b)

the complainant resides within another court of summary jurisdiction other than that in which the court acts, and

(c)

payment is directed to be made to the complainant,

the complaint may be heard by that other court of summary jurisdiction.

(3)

Where an application for enforcement is made under Article 56 of the Maintenance Regulation on the form at Annex VI to that Regulation, the complaint may be made using that form.

Complaint by debtor under Article 21 of the Maintenance Regulation for refusal or suspension of enforcement

18.

A complaint by a debtor under Article 21 of the Maintenance Regulation for the refusal or suspension of enforcement of a decision shall be heard by—

(a)

the court to which a complaint for enforcement of that decision has been made in accordance with rule 17, or

(b)

where no such complaint has been made at the date at which the debtor makes a complaint under this rule, the court to which a complaint for enforcement would be required to be made under rule 17.

Variation of forms

19.

The forms annexed to the Maintenance Regulation shall not be varied.”.