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S.L. 12.9 · Court Practice And Procedure (S.L. 12.9)

S.L. 12.9 Art. 18Jurisdictionandthe recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility. Cap. 410. CouncilRegulation (EC) No 2201/ 2003.

In KraftAmtlicher Text

(1) Notwithstanding the provisions of the Child Abduction and Custody Act, hereinafter in this Part referred to as "the Act", the provisions of Council Regulation (EC) No 2201/2003 of 27

November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility continue to apply to matters falling within the scope of that Regulation as published in the Official

Journal of the European Communities on 23 December 2003 (L

174/1 to 24).

(2) The Civil Court (Family Section) or the Court of Magistrates (Gozo) (Family Section) (Superior Jurisdiction), as the case may be, and on appeal, the Court of Appeal, shall ensure that it complies with the provisions of Council Regulation (EC) No 2201/2003 of 27 November 2003 (and any amendments thereto which might be applicable to Malta from time to time) and, without prejudice to the generality of the foregoing, in the case of wrongful removal or retention of a child from within a Member State to which that Regulation applies, the court seized of the matter, when applying Articles 12 and 13 of the 1980 Hague Convention aforesaid, shall ensure that it applies the provisions of Article 11 of the aforesaid Council Regulation.

(3) Proceedings under article 11 of the aforesaid Council Regulation shall be instituted by application. The application shall state the facts clearly and concisely and shall be accompanied by such documents referred to in rule 19(3). Rules 19(4) to 19(11) shall also apply. mutatis mutandis