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

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

Draft Affirmative
Laid: 14 February 2019

This instrument is made using powers in the European (Withdrawal) Act 2018 (the Withdrawal Act). It amends the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 to ensure that, in England and Wales and Northern Ireland, the court’s jurisdiction to determine a financial remedy application and the type of financial remedy the court can order under the Children Act 1989 and the Children (Northern Ireland) Order 1995 are not narrowed as a result of European Union (EU) exit.

The application of the EU Maintenance Regulation was given effect in England and Wales and Northern Ireland by the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (SI 2011/1484) (the 2011 Regulations). The 2011 Regulations made consequential amendments to Schedule 1 to the Children Act and Schedule 1 to the Northern Ireland Order to ensure the court in England and Wales and Northern Ireland respectively have jurisdiction to make financial remedy orders under that Act and that Order in line with the jurisdiction provisions of the EU Maintenance Regulation. 

The EU Exit Regulations revoke the EU Maintenance Regulation and make consequential amendments to the Children Act and the Northern Ireland Order. These consequential amendments reinstate the relevant pro visions in Schedule 1 to the Children Act and Schedule 1 to the Northern Ireland Order as these provisions were in their pre-Maintenance Regulation form (with some mi nor drafting changes to take account of family law reforms since they were first enacted). 

This instrument applies to private international law which is a transferred matter for Northern Ireland under section 4(1) of the Northern Ireland Act 1998.

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