Court Rules

ORDER 14A[1]

SERVICE OUT OF THE JURISDICTION UNDER: COUNCIL REGULATION (EC) NO 2201/2003 (MATRIMONIAL MATTERS AND MATTERS OF PARENTAL RESPONSIBILITY) COUNCIL REGULATION (EC) NO 4/2009 (MAINTENANCE OBLIGATIONS) 

1. For the purpose of this Order:

“domicile” is to be determined in accordance with the provisions of Article 3(2) of Regulation 2201/2003;

“Member State” means:

(a) in the case of proceedings to which Regulation 2201/2003 applies, a Member State of the European Union other than the State or Denmark, or

(b) in the case of proceedings to which the Maintenance Regulation applies, a Member State of the European Union other than the State;

“resident” or “habitually resident” is to be determined, in proceedings to which Regulation 2201/2003 applies, in accordance with the provisions of Article 3 of Regulation No 2201/2003, or in proceedings to which the Maintenance Regulation applies, in accordance with the provisions of Chapter II of the Maintenance Regulation.

2. The provisions of this Order apply to proceedings governed by Article 1 of Council Regulation (EC) No 2201/2003 or, as the case may be, by Chapter II of the Maintenance Regulation and, so far as practicable and applicable, to any Order, Motion or Notice in such proceedings.

3. (1) Service of any originating document or notice of an originating document out of the jurisdiction is permissible in proceedings to which Regulation 2201/2003 applies 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 2201/2003, the Court has power to hear and determine; and

(ii) no proceedings

(a) relating to divorce, legal separation or marriage annulment between the same parties or, as the case may be,

(b) relating to parental responsibility relating to the same child and involving the same cause of action, are pending in another Member State.

(2) Service of any originating document or notice of an originating document out of the jurisdiction is permissible in proceedings to which the Maintenance Regulation applies 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 the Maintenance Regulation, the Court has power to hear and determine; and

(ii) no proceedings relating to maintenance obligations arising from a family relationship, parentage, marriage or affinity between the same parties and involving the same cause of action are pending in another Member State.

4. Where an originating document or notice of an originating document is to be served out of the jurisdiction under rule 3, 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 originating 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 in any non-European territory of a Member State.

5. Where two or more respondents are parties to proceedings to which Regulation 2201/2003 applies, but not every such respondent is domiciled in a Member State, the rules as to jurisdiction in Regulation 2201/2003 shall apply.

6. 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.

7. 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.

8. 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 5A of the Schedule of Forms.

9. (1) To the extent that any rules contained in any other Order of these Rules are inconsistent with the provisions of Regulation 2201/2003 or of this Order, the provisions of Regulation 2201/2003 and of this Order shall prevail in relation to any proceedings to which Regulation 2201/2003 applies.

(2) To the extent that any rules contained in any other Order of these Rules are inconsistent with the provisions of the Maintenance Regulation or of this Order, the provisions of the Maintenance Regulation and of this Order shall prevail in relation to any proceedings to which the Maintenance Regulation applies.